Child’s art tutor threatening small claims court

[Ohapples]

Well...bit of a strange one, never check emails before bed! I received an email tonight from an irate art tutor threatening small claims court for an art class my 14yr old took in the summer, it was £55 paid cash plus cost of canvas. I’ve been on two of these classes before held in a local church hall with no problem, then there’s a second email, this time threatening to contact my 14year old at school, only met the tutor twice before but seems out of character and...well? out of proportion for anyone. I am sure school came up in conversation with my child, it’s not a secret and I wouldn’t have sent him to class if I was concerned about the tutor, completely shocked and now a bit concerned about making any reply. My son was really happy with the class, had I not seen the email I would have booked him in again next half-term (Obviously not now). Any advice on what to do/ reply?

I know someone else has already suggested that the email account could have been hacked. I have had this a couple of times recently. For example I had an email from an ex work colleague telling me about a new baby. Then a couple of weeks later I had another email, apparently from her and making reference to our old work place, but it was not from her at all. The email address it came from looked similar but there was an extra letter in the email address.
Don't reply by email if you think this is a possibility. Check the email address it came from.

inqui is right in the approach (and always it could be a fake email).

Someone said children cannot be liable for debts. Assuming the contract was with the child (may not be here), that is not entirely so. Under the Contracts (Minors) Act they can be liable for contracts for education and necessities and an art class might well fall under education.

What's wrong with the email you posted exactly? There's no unreasonable threat, it simply states you haven't paid and he intends to seek redress through the small claims court. It's a reasonable course of action and a standard letter before intent.

If you did pay (did you personally pay or did you hand the cash to your ds to pay.....?) then that is your defence.

What's wrong with the email you posted exactly? There's no unreasonable threat, it simply states you haven't paid and he intends to seek redress through the small claims court. It's a reasonable course of action and a standard letter before intent.

other than the fact that it is gobble-de-gook ;) and certainly not standard!

Even if he was successful in the Small Claims Track (no such thing as the small claims court!), he would not be entitled to Admin costs, nor would he be able to claim 5% per month - there is a statutory 8% p/a interest charge (which on £55 would be £4.40 p/a so would be somewhere in the region of 73p - £1.10 interest depending on when the portrait course took place)

The minute you see such rubbish being quoted you know that it is not serious - and any court would throw out such silliness - plus it will have a negative impression on the magistrate / judge / whoever sits... there would also be an expectation of a process - you don't go from course in July 2018 to a pre-action warning 2 months later with nothing in-between - no reminders, no correspondence...

The threats about contacting the son would also play very badly in court...

I would send him a note saying that you assume that he has been hacked as a) you paid him cash for the course and b) no-one would write such a silly email as to make threats against a minor, and which is so inaccurate... and then back to him...

Id also stress to him that threatening to contact a child at school is most unprofessional and not the image he wants to be presenting.

The petty side of me thinks if no reciepts are given its all cash in hand and no books. So a swoft phone call to hmrc may solve your problem.

It’s because it comes out of the blue titchy, and is also followed by ‘then there’s a second email, this time threatening to contact my 14year old at school’.

Whatever happened to a polite phone call or first email / invoice? Eg Otha’s come to my notice that x had not paid for this course which took place on x date. It is now x days overdue so I’d appreciate it if you could pay immediately by cheque or bank transfer. Blah blah blah.

Then you follow up with a less friendly one. Then notify of legal action.

Not one disorganised on the day cash taken with no receipt type of affair, weeks of nothing then these angry pseudo-legal emails directed to a minor!

Tbh if the guy is this disorganised, and doesn’t give out receipts at the time, I can’t see how he thinks he can then start screaming for money so long after!

It all sounds very unprofessional, and obviously he will lose any repeat business if this is how he treats his customers.

He needs to take a course in both money management and dealing with customers.

I’d check with your teenager thoroughly about what happened, then reply to the email politely but firmly asking why you haven’t heard anything about this matter closer to the time, and explaining that you’ve paid. Full stop.

And this acts as a reminder to me that we should always ask for receipts no matter what the situation, because people can always decide to act like idiots further down the line!