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    • Sorry but I really don't understand why you haven't started taking action a lot earlier than this - unless you enjoy being the lead round by the nose.   You can either accept their gesture of goodwill or you could decide to go for the entire amount. I think you had better decide. If you want to sue them then make sure that you understand the steps involved in taking a small claim. It's very easy but you should read around a bit to make sure you understand the journey. Then send the letter of claim. I suggest that you draft a letter of claim and post a draft up here so we can have a look
    • That's great news...glad you got it all sorted...
    • Thanks dx  This is the only one which is paid by standing order from an old account I use for a few bills so forgot all about it.  I don't think BC ever did default it but know that know link can't add the default now after all these years.  I would have cca'd BC along with all the others in 2003 so they must have sent something.  I've just checked with my bank and they haven't refunded me  so must have been passing it on.....which is a shame.  I'll cca link.  Can you still tape a pound coin on to the letter or does it need to be a postal order?   (Old username would have been something like tartanbarty or similar)    
    • By and large this was predicted in my previous post. I completely agree with you that you shouldn't be required to have read the manual before you enter the contract. I think your position is broadly that which I suggested in my earlier post and your next action is to send a letter of claim – but this assumes that you understand the steps involved in bringing a small claim in the County Court and you are prepared to go ahead. There is no point bluffing. It won't get you anywhere. I think that you should rely on their so called treadmills buying guide https://www.sweatband.com/treadmills.html and if I were you I'd make sure that you take a copy of the page in case someone decides to get a bit fancy with it. I would also take a copy of their specific Q&A's in relation to that particular treadmill just in case somebody mysteriously tightens up the wording. At the moment the wording is really simply a general recommendation and nowhere does it specifically one you that by doing this you risk the machine and also it will invalidate your warranty and any statutory rights. I suggest also that you start going over the Internet and find anyone else with the same experience – I believe that you said that a number of people are stunned to find that their treadmills are breaking down. Start finding out if they have put them in the garage. If you want bring along to this forum we may be able to help them as well. You need to get as much evidence as possible that there are issues here and that the manufacturer and/or the retailer are not properly warning their customers. Prepare a draft letter of claim and post up here. However, make sure that you have read around and you understand the steps involved in taking a small claim in the County Court. It's not difficult but it will help you to understand the journey and it will give you confidence.  
    • Ok here goes for a first draft... .    Dear Will & John.   I must admit I was in awe of receiving a letter from your esteemed law firm thinking what have I done to deserve such an honour. Perhaps you have discovered a long lost relative has left me a fortune in a will and I could give up work to pursue my love of goat farming using the money to set up a small holding in the outer Hebrides producing fine cheese and goat hair sweaters. Alas no! In bold letters it stated Letter before action almost if one had to get ready for battle and my power ranger pyjamas will have to be on a boil wash first before I can even think about action. Anyway I digress after further research I discovered this is in relation to some parking shenanigans of which I have no knowledge, so as the Private Parking world's best solicitors you should be aware, I know that you know a case isn't going anywhere on the facts as presented. I may add that that not all is lost, as I used your letter to line the cat litter tray. Mr wiggles is most pleased with his firm and absorbent lining beaming happily away as he does his cat business before securing a warm spot in front of the fire as we sit down to watch cash in the attic. Good luck with the soliciting business I hear it can be quite lucrative. P.S – it is uncle Herbert who apparently left a fortune so if you do come across him please let me know…      
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      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.
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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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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