Being chased for tutoring money

[ConnectFortyFour]

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?

I’m not being daft at all. The onus is on the company to make it clear. Ie when I sign a contract of terms and conditions at the gym my signature is on the bottom of the actual terms and conditions. I think a court would find in her favour. From a legal pov they’re on thin ice no matter how daft you may think it is.

I'd leave negative review to warn other parents

A bit more information about cooling off periods here: www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/#:~:text=You%20automatically%20get%20a%2014,you%20to%20get%20a%20refund.
It might at least give you leverage, or a starting point from which to make your case.

@ConnectFortyFour
That seems a slippery wet fish, way of doing business.

believe me, I'll be paying more attention in future!

Thanks for this. I let them know we did not require any more tutoring within three days of receiving the invoice, so well within the cooling off period. When the invoice arrived, I was already too late to give notice for the contract I didn't realise I was in.

I’m a consumer protection lawyer with lots of experience of contracts. Yes, in many cases, this situation arises and a consumer is liable as they have just not read the relevant terms. But here there was ambiguity and the OP was not signposted to read the separate ts and cs, which makes it unfair.

You can report them to Trading Standards via Citizens Advice. Or at least tell them you will do unless they stop chasing you for payment. Hopefully they will give in once you do this.

www.citizensadvice.org.uk/consumer/get-more-help/report-to-trading-standards/

And ignore the rude pp upthread - they are providing incorrect advice.

Hope you get it sorted OP. X

It might be worth citing a bit of contract law at them. I've had some success in the past referencing the case of Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd, which essentially says that onerous contract terms need a greater degree of notice to be enforceable. So it's no good burying something like that (that you're signing up for the whole year and the notice period requirements) in the body of the general Ts&Cs; it should have been flagged on the enrolment form itself. Good luck!

Tell them to whistle for the money. What @BigWetFish and @MindPalace say.

That's nonsense. Individual consumers usually have no power to change contract terms with businesses. Which is why the law gives them additional protection.

@TeaPleaseNoLemon - you can disagree respectfully, telling someone they must not be of sound mind to come up with their point of view is rude. Well it seems people much more knowledgable than either of us has said it was ambiguous and potentially unfair so hopefully that helps the OP.

I do get the point that people need to read T&Cs but this isn’t a case of someone just skipping over the T&Cs quickly.

At least you'll learn form this and read them from now on.

Agree with @Bigwetfish - absolutely correct advice.

Which is why I said 'that's easier said than done'!

Hmmm this sounds very very dodgy. The fantastic tutor we use is almost like a 'switch on, switch off' thing - they get in touch at the end of each half term and ask if we want to keep our timeslot (we also don't pay upfront at all?!) I can send you their details if you'd like xx

Thanks for the offer. I’m afraid our tutoring days are done for now

As said above consumer law is not as simple as if you are sent the terms they apply. The law protects consumers which is why insurance eg will often put the important terms at the front or in a clear box in bold. Here I do not think it was made clear enough that the person was signing up for a full academic year so even if the contract says so it may be possible to avoid the clause (never mind any distance selling/CRA 2015 cancellation rights if applicable here).