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    • Hi @BankFodder
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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I'm owing a tutor money for having no lesson


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Hi,

 

The background story is me and my tutor agreed to meet at his home on Saturday from 9-12 for a three hour tutoring session. I have been to his house 5 times before using a mobile gps.

 

Unfortunately yesterday I was on the motorway, went too far, my mobile wasn't working properly so I had to use my own navigation skills Moreover, I got lost and decided after I would go home because I was freaking out after getting lost and thought I would get more lost.

 

My phone was not working properly so I could not contact him. I got home and my sister was there and used her phone to text my tutor an apology and gave him this reason.

 

He now wants £105 for him for wasting his time. I did not have the tutoring session, could he possibly take me to a small claims court for not turning up at his tutoring session?

 

He did not tell me his cancellation policy and I have not signed a contract or anything and I did not have the lesson.

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How are you paying him?

Are hmrc aware of his earnings? I doubt it

Do you get a receipt?

 

I expect he is all hot air with no contract nothing in writing he won't stand a chance with small claims

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hi, thank you very much for your reply, I really appreciate it.

 

He has a day job and I believe he is on a high salary since he has been working for 20 years. I believe he earns extra for tutoring sessions since I wanted to book a slot before and monday-sunday he was taken, he tutors after coming back from work 7-9.30 and also tutors on saturday and sundays at his own and even on skype.

 

I did not get a reciept. However, we agreed by text to meet up, does this fom a contract?

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It doesn't seem unreasonable that you ought to pay for a session that you booked and failed to arrive for or cancel with sufficient notice.

 

Unfortunately how you planned to travel there is only your own responsibility and if this were say, a dentist appointment you'd be charged. Just as you didn't have your lesson, the tutor didn't either, yet they had assigned 3 hours of their Saturday morning to you and then to not be paid for this when they could have booked another student in, gone shopping or out with their family. That time was wasted and it ought to be paid for.

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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I contacted my tutor an hour before the lesson was going to end. I could not sufficiently contact him because my phone was not working.

 

However, I am willing to pay for the 2 hours.

 

I've contacted my former driving instructor which he stated you did waste his time and pay for the time wasted, however, if we was to go to the small claims court, he did not provide me with a terms of contract which may go against him.

 

I will pay for the 2 hours I've wasted.

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Hello there.

 

This is though, from your tutor's point of view, but the time he knew you weren't coming, he didn't have time to fit someone else in for the last hour. It's not his fault if your phone wasn't working.

 

Do you still need him as a tutor? Because if you take this to court, I imagine it will be the end of your working relationship.

 

HB

Illegitimi non carborundum

 

 

 

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Hi,

 

I understand from the tutors point of view and I have stated I will pay for the two hours he has missed. I did not get a service, so I'm not sure why I should pay the extra £35.

 

If he does take me to the small claims, without a terms of contract, will he win?

 

I don't want this to go to court and I'm not going to use him again for a tutor, I believe he is overpriced, he changed his fee from £30 to £35 to reflect market conditions.

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I contacted my tutor an hour before the lesson was going to end. I could not sufficiently contact him because my phone was not working.

 

However, I am willing to pay for the 2 hours.

 

I've contacted my former driving instructor which he stated you did waste his time and pay for the time wasted, however, if we was to go to the small claims court, he did not provide me with a terms of contract which may go against him.

 

I will pay for the 2 hours I've wasted.

 

 

Take it you will not be attending again with them! not their fault, they cannot get another student out of thin air! terms of contract ? cost you in court me thinks, as being unreasonable viewed by a judge!

:mad2::-x:jaw::sad:
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Contracts are verbal as well as written and as you knew the cost and agreed to pay that amount, you do have a contract.

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I also think the tutor is being reasonable here.

You have to factor in not only his time but also the Opportunity cost" that was lost due to no fault of his own.

 

As said above, verbal contracts exist, all he needs to do is prove on the balance of probabilities that a legal relationship was intended. That is easily done by showing previous payments etc.

 

What you think about his prices *after* you agreed to them is immaterial and not relevant

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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How about a nice letter explaining the situation, offering to pay for the two hours and an amount for his lost of time due to circumstances beyond your control. He might accept on the grounds that going to court for such a small amount simply isn't worth it..

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