Tutor failing to provide lessons

[Nowaytm]

My son is doing his A levels and we secured the services of a tutor. He insisted on payment upfront to secure the lessons. He agreed to provide sessions on Wednesdays and Saturdays and then the Easter holidays. After a couple of Wednesdays he said he couldn't get back on the train in time and rolled it over. Then he missed a couple of Saturdays too with 'flu'. We were then six hours behind. He has then missed all of the sessions in the Easter period, allegedly with illness.

He says he will refuse to refund any outstanding monies if we cannot meet his new timetable as 'we should be able to fit in the lessons over the next seven weeks'.

Do I have a leg to stand on as he could in theory arrange lessons when my son is not available? We are over £600 out of pocket and were supposed to have finished the sessions already ready for his college preparation.

I would be very grateful for any advice.

I would be demanding my money back and cancelling the lessons. If you wait until after Easter the lessons will be next to jo use.

Send a letter before action and then take them to small claims court?

How did you pay? Cash? Do you have a paper trail ?

It's a lot of money to lose if you don't take action.

I've asked for the money back and he's refused to pay it back and said if I can't fit in the lessons in the next seven weeks I'll lose the money.

He has also said that he will send me a revised timetable (without consulting whether the times suit me and my son).

I'm just not sure what the legal position if he offered me rearranged sessions but at an inconvenient time? Has he still breached the contract. If he refuses to provide lessons altogether, it seems more clear cut than if he offers to rearrange. Could I then be considered unreasonable from a legal perspective?

By the way I have a trail as paid by bank transfer. I also have copies of emails and text messages, with the original timetables, his cancellations and my responses.

Oh and does it make a difference if he was ill, do I have to rearrange under those circumstances.

Another vote for the small claims court

Have a look on line https://www.gov.uk/make-court-claim-for-money

to see just how straightforward it all is.

You can start a claim , and then save it rather than submitting it. One way to have leverage over the person you are asking for money from, is that you can set an interest rate from the date you expect the money , so any delay in paying will potentially cost them more.

Start a claim , save it. Warn the person you have done this and will submit if you do not receive payment from them by

If you want to pursue it you need to go to the small claims court. Good luck.