Chasing for fees due for private tuition

[stephen25000]

Hello

Just over a week ago, I started some private tuition with a student for 2 hours, plus over 1 and a half hours travel.

The student was referred to me from a private tuition agency,on-line, and my conditions for acceptance were clearly displayed on the website, along with the costs per hour, including travel.

At the end of the lesson no payment was forthcoming, and I did not offer any free session. After complaining to the parent who was not there at the time, I received a payment for one hour, but a refusal to pay any more, and the tuition agency said I should take it up with a Solicitor.

The parent has threatened me that if I take her to the small claims court, she will issue a counter claim for harassment from both me and my wife.My wife phoned her 2 hours after the lesson asking for payment and she called that harassment.

The remaining fee due is £26 for the second hour, and £5 travel expenses.


I have already talked to the C.A.B. and they recommended me sending an invoice by recorded delivery, which I have done, as did my Solicitor, and if they refuse issue a claim in the small claims court.

I have just received an e-mail from the parent , making threats as regards harassment.

I have never had this experience before, in the 10 years I have been teaching private tuition.


I would welcome any advice.

Many thanks.

[bluebottle]

Re: Chasing for fees due for private tuition

Hello Stephen and welcome to Legal Beagles.

Is this parent for real? In order to successfully pursue a claim for harassment, it has to happen on at least two occasions and she has to show the conduct is unwarranted. In your case, she owes you money which she knew she was liable to pay. Under such circumstances, Section 1, Protection from Harassment Act 1997 provides that a person shall not be guilty of harassment if it is reasonable to do so. You are owed money by this parent and it is, therefore, reasonable for you to make demands that she pay what is owed.

Would she be able to successfully litigate a claim for harassment? Unless she lies through her teeth, she is more likely to have any counter-claim struck-out as vexatious, frivolous or an abuse of the legal process and be landed with an order for costs against her. On the criminal side, she could be prosecuted for Dishonestly Obtaining Services (Section 11, Fraud Act 2006), as it appears she intends not to make full payment, using the harassment angle as an excuse. Sorry, but the law doesn't work like that. She owes full payment - period.

[stephen25000]

Re: Chasing for fees due for private tuition

Hello Stephen and welcome to Legal Beagles.

Is this parent for real? In order to successfully pursue a claim for harassment, it has to happen on at least two occasions and she has to show the conduct is unwarranted. In your case, she owes you money which she knew she was liable to pay. Under such circumstances, Section 1, Protection from Harassment Act 1997 provides that a person shall not be guilty of harassment if it is reasonable to do so. You are owed money by this parent and it is, therefore, reasonable for you to make demands that she pay what is owed.

Would she be able to successfully litigate a claim for harassment? Unless she lies through her teeth, she is more likely to have any counter-claim struck-out as vexatious, frivolous or an abuse of the legal process and be landed with an order for costs against her. On the criminal side, she could be prosecuted for Dishonestly Obtaining Services (Section 11, Fraud Act 2006), as it appears she intends not to make full payment, using the harassment angle as an excuse. Sorry, but the law doesn't work like that. She owes full payment - period.

Hello BB

Many thanks for your reply. There was one phone conversation 2 hours after the end of the lesson to the mother, by my wife, simply asking for payment, during which she said she no longer required my services as a tutor.

In her email today, she admitted contacting other tutors with the inference that she had utilised 'freebies', i.e. she had free lessons with other tutors and basically she was trying it on with me.

And any other contact was in the form of text messages or emails. She referred to the behaviour of me and my wife as 'threatening'. (My wife only mentioned transferring the money for the lessons into my current account by the internet, that was all).

I have given her until Wednesday to make payment, which obviously she will not do.

I was told by the CAB to complete the form N1 in the small claims court.

If she does try it on, regarding the Fraud Act 2006, what would the next stages be ?

Thanks once again for your advice.

Stephen

[bluebottle]

Re: Chasing for fees due for private tuition

Firstly, how much money are we talking about? If it is only a small amount, I can tell you now, as a retired policeman, the police and CPS ain't going to be interested. If it is a substantial amount, £200 or more, then they are more likely to take notice.

If this parent is fairly well-off, her behaviour is pretty much what I've come across over the years. Anything for a freebie or do their best to get out of paying by inventing disputes or making unwarranted threats of legal action against their creditors.

You would, in all probability, be better pursuing her through the Small Claims Court, using Form N1. Under CPR pre-action protocols, you must do everything possible to achieve a settlement without going to court. If she does not settle by this coming Wednesday, then you need to send her a Letter Before Action, giving her 14 days to pay all that she owes, in full, otherwise court proceedings will be commenced without further notice.

[stephen25000]

Re: Chasing for fees due for private tuition

The sum involved is small, below £200.

I will as you say give her a further 14 days from this Wednesday, and send this by registered post. With the instruction that after those 14 days have elapsed, court proceedings will be initiated, with the N1 form.

To me it is the principal involved here that has to be addressed.

Thanks,


Stephen.

[bluebottle]

Re: Chasing for fees due for private tuition

I can understand where you're coming from, Stephen. I ran a printing and publishing firm after I retired from the police force and had a small business who had a history of going from printer to printer, getting printing work done and then inventing disputes to avoid paying. They did that to me only once. I rang other printers and warned them about this particular small business and of a code I had appended to the artwork for their business stationery. Within a few days, printers started ringing me to say this particular business had tried to have stationery printed using the artwork. They refused to play ball with them, using the Copyright, Designs and Patents Act 1988 as the reason.

Turning to your own situation, you have carried out the work and your are entitled to be paid for that work. I wish you every success with your claim against this parent.

[stephen25000]

Re: Chasing for fees due for private tuition

Hello BB,

Brief update.

I have sent the 14 day notice as you recommended, by recorded delivery, and as per clockwork from last Sunday, she has sent another e-mail trying every excuse under the sun,to not pay.

She has now even given a London address, probably a proxy, to transfer any court proceedings there, as I believe, any case under a judge in small claims, goes to near the defendants address, therefore incurring extra expenses on me.

If you PM me, I will send you the contents of her e-mail.

If this wasn't so pathetic on her part, it would be laughable.



Stephen.

[Sam020883]

Re: Chasing for fees due for private tuition

Hi how do I start a thread i really need some advice re business rates

[Hurricane Puffrose]

Re: Chasing for fees due for private tuition

hiya sam,
welcome to Legal Beagles, you chose what category suits you best, and there is a start new thread option.. however as its your first thread, I will start it for you, and name it Sams Business Rates

Puff

[teaboy2]

Re: Chasing for fees due for private tuition

@stephen2500:

Firstly as you are acting in a buisiness capacity then demanding payment that is rightfully owed does not constituate harassment so long as your not calling tecting more than 3 times a day. Written requests for payment are standard practice in business and you are protected by section 40 (subsection 3 & 3A) administration of justice act 1970:

40 Punishment for unlawful harassment of debtors.(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
(2)A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
(3)Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—
(a)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(b)of the enforcement of any liability by legal process.
[F1(3A)Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.]
(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400.

I would simply write back to her with a letter titled LETTER BEFORE ACTION, informing her that her claim for harassment is vexatious at best as you have been trying to collect monies that they are legally obiliged to pay you as per the contract between you and them where you provided your services. As you are trying to collect on a debt that is rightfully owed to you as a commercial practice, e.g. as a business, and as those monies are rightfully owed to yourselve then you are protected by section 40 (sub sections 3 & 3A of the administration of justice act 1970, from claims of such vexatious claims of harassment. Inform them, that if they do not pay in full within 14 days, then legal action may commence without further notice. Should the need for legal action arise, then not only would they be oblidged to pay the outstanding debt, but they may also have to pay your legal costs as well as damages for breach of contract.

Also offering to accept payment installments is a good idea as it will show your trying to be reasonable and fair with them.

[stephen25000]

Re: Chasing for fees due for private tuition

teaboy 2,

Thanks for your response and your suggestions. I have given a 14 day notice to the person involved, as you suggested, but not with that heading.
I've never encountered a situation such as this before, and even though the sum owing is small, there is a principal involved.

If you are interested, you can PM me and I will send you an example of this person's e-mails since the situation arose.

Yesterday I received another e-mail and they have now 'changed address' by just over 120 miles , and made reference to this as to small claims court, i.e. the case, if it goes before court, takes place close to the defendants address.

Many thanks,

Stephen.

[teaboy2]

Re: Chasing for fees due for private tuition

teaboy 2,

Thanks for your response and your suggestions. I have given a 14 day notice to the person involved, as you suggested, but not with that heading.
I've never encountered a situation such as this before, and even though the sum owing is small, there is a principal involved.

If you are interested, you can PM me and I will send you an example of this person's e-mails since the situation arose.

Yesterday I received another e-mail and they have now 'changed address' by just over 120 miles , and made reference to this as to small claims court, i.e. the case, if it goes before court, takes place close to the defendants address.

Many thanks,

Stephen.

Hi Stephen,

By All means PM examples of the content of the emails.

As per their change of address, well it maywell be true and they have changed address or it could just be a ploy to prevent particulars of claim being served on them, so they can simply go back to court after default judgement claiming they never received the claim forms. Though it will not likely effect the out come of the case. Have you any evidence of them changing address like they claim?

If not, then i would simply send the claim to the new address, if they are their then they can defend, if they fail to issue a defense then you get default judgement anyway and if they are not at the new address, and the forms are returned as "Not at this Address" then simply have the court forward the claim forms to the old address. Either way you will get all your costs back once you get judgement, and will be able to get the court bailiffs to collect what is owed to you. To be honest, without seeing the emails yet, it does sound like the change of address is a bluff, especially if their was no signs outside saying the house was up for sale or lent etc.

[bluebottle]

Re: Chasing for fees due for private tuition

Hi Stephen,

By All means PM examples of the content of the emails.

As per their change of address, well it maywell be true and they have changed address or it could just be a ploy to prevent particulars of claim being served on them, so they can simply go back to court after default judgement claiming they never received the claim forms. Though it will not likely effect the out come of the case. Have you any evidence of them changing address like they claim?

If not, then i would simply send the claim to the new address, if they are their then they can defend, if they fail to issue a defense then you get default judgement anyway and if they are not at the new address, and the forms are returned as "Not at this Address" then simply have the court forward the claim forms to the old address. Either way you will get all your costs back once you get judgement, and will be able to get the court bailiffs to collect what is owed to you. To be honest, without seeing the emails yet, it does sound like the change of address is a bluff, especially if their was no signs outside saying the house was up for sale or lent etc.

It would appear the Letter Before Action has been received, as per Post #7. The other side's tactics could amount to Attempting to Pervert the Course of Justice, in which case, the other side is being very silly indeed.

[swifty]

Re: Chasing for fees due for private tuition

It sounds to me that these people are professional debt dodgers meaning that even if you find out where they are hiding and send bailiffs round to their address chances are they're gonna just tell the bailiffs to feck off, I know someone who does this and they must have got away with tens of thousands of pounds simply by continually changing address when ever bailiffs come knocking.
Sorry to be so blunt but I've been stung be these type of people before, it ended up costing me more chasing them for payment than the original debt.
By all means see what response you get from your letter but I've a sneaky suspicion they'll either ignore it or try another line of threat like 'I'll go to the local press if you don't stop harassing me'

in the end I just marked it down as a lesson learnt and re-looked at my billing strategy (I asked for payment up front before ordering parts) I used to repair white goods

[stephen25000]

Re: Chasing for fees due for private tuition

Thanks Swifty for replying,

I will wait the statutory 14 days, then decide on the course of action. As you say this could go on for some time and be expensive in terms of fees, with no guarantee they will pay, even with a court judgement in my favour.

As has been said by a few posters here and others, this could well be someone who does this on a regular basis.


Stephen.