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Original poster

Being chased for tutoring money

68 replies

ConnectFortyFour · 23/10/2022 17:12

I signed up my DC for some tutoring late last year with a local tutoring company. it was mid term. I had a telephone conversation where the woman running the company explained we could block book for short period and see how it went. we did and paid for a few weeks. I signed an enrolment form which I understood to be agreeing to their policy of allowing students to walk home alone.

Tutoring went well and I emailed back asking to book 'a block of lessons' in September. We then got an invoice and paid up front until half term. I signed the same enrolment form a second time with emergency contact details and agreeing that DC could walk home alone. A couple of weeks ago we received a bill for next half term for over £400. This is too much for us and we decided to stop for now and I emailed a week ago explaining this.

The tutoring company now email me saying i've signed a contract for the full academic term and we've missed the notice period (by a week) and we are liable for the fees.

This is our first time having a tutor and I may have been naive, but I am genuinely blown away by this. Firstly, because the woman we initially spoke to encouraged us to believe we could book on an ad hoc basis, and secondly there was never any mention of a contract - only an enrolment form which I believed was just for our emergency details and because DC was in their care. I subsequently discover I was emailed terms and conditions at the beginning of term, but these are are a separate document which I did not open, let alone sign.

They are saying that we can carry on with the tutoring if we pay but I've really lost trust in them now, particularly as the woman who encouraged us to sign up in the first place and is now asking us for the money is one of the tutors.

I'm worried about them pursuing us for the money and I feel genuinely misled.

Can anyone advise what our position is legally?

OP posts:
PotteringAlonggotkickedoutandhadtoreregister · 23/10/2022 17:14

What did the contract you signed actually say? Did it say it was for the full academic year and you would pay or did it just say your child could walk home alone?

you need to read it and see what you agreed to!

Original poster
ConnectFortyFour · 23/10/2022 17:19

i signed an enrolment form agreeing that DC could walk home alone and to the terms and conditions. i focused on the walking home bit, not the T&C! The T&C are a separate document. The T&C say that the act of booking is for the full academic year and the notice period is the penultimate week before each half term.

OP posts:
Original poster
ConnectFortyFour · 23/10/2022 17:21

my beef with them is they are passing off the enrolment form in a dishonest way IMO

OP posts:
HappyHolidai · 23/10/2022 17:23

So you signed that you agreed to the T&C but in fact you didn't read them?
Not sure why you are trying to make this the provider's issue. You agreed to the T&C so they apply.

MoveBitch · 23/10/2022 17:24

In what way is it dishonest? It states you are signing & agreeing to the T&C's...you were sent the T&C's. It's not their fault you didn't read them

Rtmhwales · 23/10/2022 17:25

Sorry, it sounds really clear and that they're within their rights. It's not their fault you chose not to read one of two documents they gave to you.

DenholmElliot1 · 23/10/2022 17:27

It doesn't sound as though they've done anything wrong to be honest.

What sort of tuition is it if you don't mind me asking.

DownToTheSeaAgain · 23/10/2022 17:28

It is pretty common for people not to read t's and c's and sign to say they have but that doesn't make you any less liable for being one of them.

Original poster
ConnectFortyFour · 23/10/2022 17:29

mmm, was worried about this. What about the verbal conversation I had with them encouraging us to sign up to ad hoc lessons? I also have an email trial for this. its like they signed us up saying one thing, and then put us on the standard T&C which were something completely different? I trusted her word, but now see I was wrong

OP posts:
Clymene · 23/10/2022 17:29

Surely you knew how much it would cost if you'd already paid for half a term?

If it's clear in the T&C of the contract you signed, I'm afraid you're at fault, not them.

deliverooyoutoo · 23/10/2022 17:30

Didn't you read the Ts & Cs?

Original poster
ConnectFortyFour · 23/10/2022 17:30

DenholmElliot1 · 23/10/2022 17:27

It doesn't sound as though they've done anything wrong to be honest.

What sort of tuition is it if you don't mind me asking.

its a couple of different subjects which we've switched periodically and was part of the original ad hoc arrangement we had with them (or I thought I had)

OP posts:
Original poster
ConnectFortyFour · 23/10/2022 17:39

I'll admit I'm at fault for not reading the T&C. However, the enrolment form is never described as a contract and literally looks like one of those emergency contact details forms. The T&C is a separate document which I did not sign.

Surely there is some onus on them to not mis-sell verbally and to make it clear that they regard the 'enrolment form' as a contract?

OP posts:
deliverooyoutoo · 23/10/2022 17:41

ConnectFortyFour · 23/10/2022 17:39

I'll admit I'm at fault for not reading the T&C. However, the enrolment form is never described as a contract and literally looks like one of those emergency contact details forms. The T&C is a separate document which I did not sign.

Surely there is some onus on them to not mis-sell verbally and to make it clear that they regard the 'enrolment form' as a contract?

Does the enrolment form point you to the Ts & Cs?

Original poster
ConnectFortyFour · 23/10/2022 17:45

The form I signed says this (after all the contact details stuff). I genuinely thought it was just about him walking home and was not a contract.

We have an ‘open door’ policy and we do not supervise students except during lessons. Students are permitted to come and go at the end of their lessons, over lunch time (when applicable) and during tests. In returning this form you agree to our policy. If you require other arrangements please let us know.

I have read and accept the terms and conditions.
Parent’s name ..............................................................................................................................................
Parent’s signature ........................................................................................................................................

OP posts:
LuciferRising · 23/10/2022 17:45

To me it sounds as of they actually mislead you. Is it a large company? Any online reviews?

LuciferRising · 23/10/2022 17:46

*if

Original poster
ConnectFortyFour · 23/10/2022 17:54

Not a chain, quite a large local business. Online reviews are for the tutoring, which I admit is good!

OP posts:
Shelefttheweb · 23/10/2022 17:54

ConnectFortyFour · 23/10/2022 17:45

The form I signed says this (after all the contact details stuff). I genuinely thought it was just about him walking home and was not a contract.

We have an ‘open door’ policy and we do not supervise students except during lessons. Students are permitted to come and go at the end of their lessons, over lunch time (when applicable) and during tests. In returning this form you agree to our policy. If you require other arrangements please let us know.

I have read and accept the terms and conditions.
Parent’s name ..............................................................................................................................................
Parent’s signature ........................................................................................................................................

That does not make it clear that the terms and conditions are another document. It sounds like the terms and conditions you are signing up to are the open door/coming and going. At the very least it is ambiguous.

When to you receive the other email with Ts&Cs? At the same time?

QuebecBagnet · 23/10/2022 17:58

I’d say it’s their fault. You haven’t agreed to these terms and conditions either verbally or by signing anything and yes if they haven’t been clear it’s a bit underhand. I’d reply to them telling them this and that you won’t be paying.

Original poster
ConnectFortyFour · 23/10/2022 18:06

The enrolment form and the T&C arrived in separate emails and the enrolment form does not signpost to the T&C in the text

OP posts:
Mapleapple · 23/10/2022 18:11

I think this is misleading and I bet you aren’t the only one. I engage with clients at work. We have it drilled into us T&Cs must be attached and we reference the attached terms and conditions in the wording of the main body of the contract and the date stated on those T&Cs as they change periodically.

AnotherDelphinium · 23/10/2022 18:20

Initially I’d have agree with PP, but since the actual text you agreed to, I’d also have assumed it was agreeing to the terms and conditions of them not being supervised outside lessons.

As such, I’d ask if they have a signed agreement to their T&C, pointing out to them you only agreed to the “unsupervised outwith lessons” terms and conditions. If they try and claim to the same, tell them you disagree but you’re happy for them to attempt to prove in court, but as far as you’re concerned, you requested and paid for a block in September and didn’t request any further at that time, nor request/agree to an ongoing contract.

CallTheMobWife · 23/10/2022 18:28

ConnectFortyFour · 23/10/2022 17:29

mmm, was worried about this. What about the verbal conversation I had with them encouraging us to sign up to ad hoc lessons? I also have an email trial for this. its like they signed us up saying one thing, and then put us on the standard T&C which were something completely different? I trusted her word, but now see I was wrong

Clearly that was for the trial period, and then you signed up properly after that ended.
You signed a contract you didn't read....which was very foolish. You owe them, you have to pay them. You can still get the service.

amylou8 · 23/10/2022 18:30

The form you have signed is misleading. I also would have reasonably assumed the terms and conditions it refers to is what is set out in that form, and isn't making reference to separate terms and conditions sent by email. I wouldn't be paying it.

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