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Private tutor wants me to pay up even though I did not attend

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Reply 60
Original post by 999tigger
He isnt going to waste his money going through the hassle. He'd have to be extremely retentive to do so. I'd take my chances.

What i would do would all depend on the reaction and my existing relationship with them. If it went small claims quickly, then id be happy to let it ride.

The bailiffs suggestion is also rather far fetched.


Considering the OP is already threatening to go to a different tutor, his current tutor would have nothing to lose by making a small claim. Yes bailifs are very unlikely to be called, but OP needs to learn that actions have consequences.

For example, the OP doesn't (or, rather, shouldn't) want to end up with a CCJ on file against them.
Original post by jneill
You wasted two hours of his time. Even if you had told him earlier the same day he still wouldn't have time to re-arrange his timetable so he would be out of pocket anyway.

It's not his fault you got lost, and it's not his fault you let your phone contract go into arrears either.

Pay the man. In full. And apologise to him.

Learn a life lesson, and be better next time.


Paying would be the right thing to do but unless the OP agreed to a contract with a cancellation policy I don't think they're liable.

I always insist on paying even if I'm sick for music lessons though :yep:. But if they twist my arm and say it's fine, I don't lose any sleep.
Original post by jneill
Considering the OP is already threatening to go to a different tutor, his current tutor would have nothing to lose by making a small claim. Yes bailifs are very unlikely to be called, but OP needs to learn that actions have consequences.

For example, the OP doesn't (or, rather, shouldn't) want to end up with a CCJ on file against them.


In the real world it would be whether he can be bothered with the hassle. In my experience it mostly boils down to hot air for such a trivial sum. He will have this sort of thing happening all the time, its an occupational hazard. Do you think he sues everyone else as well?

I think you are being unhelfully alarmist. My advice to the OP would be to ignore repayment if he starts threatening legal action because that indicates to me there was no student tutor relationship.I would then play it by ear and may think again if I actually got served with a claim form.
Reply 63
Original post by Kvothe the arcane
Paying would be the right thing to do but unless the OP agreed to a contract with a cancellation policy I don't think they're liable.

I always insist on paying even if I'm sick for music lessons though :yep:. But if they twist my arm and say it's fine, I don't lose any sleep.


Strictly, a written contract is not needed. Although, of course it would be better if one was in place.

Also, to be clear, "going legal" is the last thing that should happen. It's relatively time consuming (although the online system helps) and will leave a bad taste with both parties.

The OP just needs to take it on the chin and pay his tutor. Job done. Move on... :smile:
Reply 64
Original post by 999tigger
In the real world it would be whether he can be bothered with the hassle. In my experience it mostly boils down to hot air for such a trivial sum. He will have this sort of thing happening all the time, its an occupational hazard. Do you think he sues everyone else as well?

I think you are being unhelfully alarmist. My advice to the OP would be to ignore repayment if he starts threatening legal action because that indicates to me there was no student tutor relationship.I would then play it by ear and may think again if I actually got served with a claim form.


The online process is very straightforward. No significant hassle...

But yes it would be better if the OP just had the common decency to recognise HIS mistake and paid up. :smile:
Original post by jneill
The online process is very straightforward. No significant hassle...

But yes it would be better if the OP just had the common decency to recognise HIS mistake and paid up. :smile:


Well lets see if he uses it. I found the OPs excuses to be weak, but if I had an ongoing relationship with the tutor, then I would expect to know the consequences as agreed and that includes waiving it in the right situation.

Think we will just have to agree to differ. You can go ahead with contacting the bailiffs.
Reply 66
Original post by 999tigger
Well lets see if he uses it. I found the OPs excuses to be weak, but if I had an ongoing relationship with the tutor, then I would expect to know the consequences as agreed and that includes waiving it in the right situation.

Think we will just have to agree to differ. You can go ahead with contacting the bailiffs.


Small claims is a realistic possibility. Bailiffs, less so :smile:

OP manning up? 70:1 against.
Original post by jneill
Small claims is a realistic possibility. Bailiffs, less so :smile:

OP manning up? 70:1 against.


And ive already suggested how he can play the situation at no risk. Its what happens in the real world. If the relationship is now broken then he has nopthing to lose by seeing how it develops.
Original post by Anonymous
Hi all,

I was meant to have a tutoring session today for two hours, I did get lost on the way too his place and I could not make contact with him since my phone was on 'searching mode'-meaning I could not send or receive texts and my phone is not working properly. My account was in arrears and I just made the payment now. Further evidence I could not contact him. He believes I am lying to him.

He has text saying I owe him £70, I texted on my sisters phone because my phone is not working.

I'm not sure what to do, he doesn't have any terms and conditions and it wasn't made clear to me in any form: paper, email, verbal or written.

I'm not sure what to do.


pay him. He has given up his time for you, where he could have tutored someone else and gained that money.
Reply 69
Original post by 999tigger
And ive already suggested how he can play the situation at no risk. Its what happens in the real world. If the relationship is now broken then he has nopthing to lose by seeing how it develops.


Why advise him to "play the situation"? Why not advise him to simply pay what he owes...


Posted from TSR Mobile
Original post by jneill
Why advise him to "play the situation"? Why not advise him to simply pay what he owes...

Posted from TSR Mobile


Its in response to your ridiculous alarmism about the bailiffs. I wasnt there in the situation, but if the tutor had started to get crappy and starts jumping into legal action, then that would get my back up. In that situation id let them sue me.
Not once has he informed me of his cancellation policy or when you should cancel (i.e 24 hours before) all of my correspondence has been by text. Even when I came back home he didn't say "do you know my cancellation policy" or "these are the consequences if this happens".

I've spoken to my previous driving instructor and another man who owns a business where people come to him which they said a contract has been formed and I have wasted their time when the tutor could have got another student, however, they told me he can't do nothing if he hasn't got a cancellation policy or some written terms, which he obviously hasn't and they said they doubt he would go all through the trouble going to, preparing and paying for court.

As for the CCJ thing? Can I have a CCJ file against me in this sort of thing? What would happen?
Original post by Anonymous
Not once has he informed me of his cancellation policy or when you should cancel (i.e 24 hours before) all of my correspondence has been by text. Even when I came back home he didn't say "do you know my cancellation policy" or "these are the consequences if this happens".

I've spoken to my previous driving instructor and another man who owns a business where people come to him which they said a contract has been formed and I have wasted their time when the tutor could have got another student, however, they told me he can't do nothing if he hasn't got a cancellation policy or some written terms, which he obviously hasn't and they said they doubt he would go all through the trouble going to, preparing and paying for court.

As for the CCJ thing? Can I have a CCJ file against me in this sort of thing? What would happen?


I don't think so, but I wouldn't pay or at least, not the full amount. He's getting £35 / hour from doing nothing and if he is tutoring (say you're next session) that is way too expensive! But, you have to realise it was your mistake so I would at least pay some sort of fee for 'wasting his time' as such.
Original post by Claudious
pay him. He has given up his time for you, where he could have tutored someone else and gained that money.


A week before the actual session (I've checked my texts with them) he said he cannot extend my session because he has to go to London and will not be booking any more for the weekend. So even if I cancelled a week before he would have used that time to go to London, he even stated on the text when I got back home he said I've wasted my time when I could've been in London.

I'm not going to give an extra £35 for something he didn't do, he has done nothing to earn £35 and if he had a cancellation policy it would have stated if you don't come within 30 minutes, your session is cancelled and you have to pay the full price of the hour, along those lines.
Original post by Anonymous
Hi all,

I was meant to have a tutoring session today for two hours, I did get lost on the way too his place and I could not make contact with him since my phone was on 'searching mode'-meaning I could not send or receive texts and my phone is not working properly. My account was in arrears and I just made the payment now. Further evidence I could not contact him. He believes I am lying to him.

He has text saying I owe him £70, I texted on my sisters phone because my phone is not working.

I'm not sure what to do, he doesn't have any terms and conditions and it wasn't made clear to me in any form: paper, email, verbal or written.

I'm not sure what to do.


F**k him don't reply to him

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Reply 75
This situation is simply this:
A overgrown child believes he can avoid paying for something because they are an idiot who can't get directions or pay a phone bill.

Was there a contract yes - they pay £70 and receive 2 hours of the tutors time at a specific time and location

The overgrown child then breaches said contract and claims stupidity as a defence - got lost and doesn't bother to pay what he owes to others.

You should pay him the £70 you owe home but let's be honest here you have no intention of doing that.
Because of this you will probably get away with it unless he takes it to small claims court (I hope he does)

Op grow up and pay what you owe
I wouldn't pay him he sounds like a horrible tutor. A tutor should be more understanding and flexible. Unless you plan on using him and hes really that good I wouldn't pay up. P.s as he hasn't made the cancellation policy clear that is not your fault. Gosh and your a student he clearly must not be doing well for business.
Original post by Anonymous
I've learnt and will be better prepared. I've been with him for 1.5 years and this is the only time it has happened. He has a day job Monday-Friday and he tutors in the evenings and weekends. He raised his price form £30 to £35 to reflect market conditions.

I wasted one hour of his time, not two hours. How could I let him know in advance if my phone is not working (which I have sufficient evidence). IF my phone was working, then I would have. I have evidence for this.

I've already apologised to him, I'm only paying him for only one hour, since this is the time I've wasted and their was a genuine reason for turning up.


If you've had him for a year and a half how the hell did you get lost on the way to his place?!
I think you should pay for the two hours as common courtesy as he probably invested a lot of time planning your session, and like others said, he could have had another student in that slot who could have paid him.
Having said that, I think that tutors should be a bit more sympathetic and understand that things like getting lost, broken phones etc do happen to the best of us, and it's not like you genuinely meant to waste his time HOWEVER I completely understand why he would want you to pay because it is a little unfair on him, so do the right thing and pay up, and make sure you're more organised next time.

Also, £35/hr is quite a lot of money, is he any good?
Speaking as someone who has been messed around by tutees in this exact way, it is irritating as **** and completely unacceptable.

Take responsibility, pay the man his money, and next time you book two hours of someone's time trouble yourself to google their address before setting off.

Original post by Anonymous

I'm not sure what to do, he doesn't have any terms and conditions and it wasn't made clear to me in any form: paper, email, verbal or written.


You booked the time. He honoured the contract and you breached it. Your failure to take proper care to get there is no excuse. He is not required to set out this position in any terms and conditions for it to apply.
Why would anyone want to pay £70 for something they did not partake in? He is getting paid for doing nothing at all.

I've only wasted one hour of his time, I'll pay for the one hour I've wasted-£35.

My former driving instructor informed me (not sure if this is correct) he has to have a cancellation policy and required to communicate that policy to me by law. And yes he cannot say I owe him if I have not agreed with a cancellation policy (which their isn't).

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