Any tutors - pls advise on terms n conditions

[Supermumz]

DS went to a tutor for 4 months. But now, is discontinuing since we are not happy.

I paid a deposit of 175 when he joined. In Feb I gave notice, but tutor said that according to contract, deposit is non-refundable, and can only be used as payment for final month of Year 6! So, basically we lose that money, bcos we are discontinuing midway.

Is that legally possible - do any other tutors do that? Isnt it like tying the children to a contract?

Is this a tutoring school? I tutor a bit but can't offer you any advice I'm afraid - have never demanded a deposit! I've never heard of it before. How was the hourly rate? If you have valid reasons for being unhappy with the service then surely any decent tutor would return your deposit anyway.

She is a private tutor, but tutors a lot of kids in groups. Works out to be about 45 for 2 hrs, so not cheap for a group class.

I'm in a fix actually. I havent paid Feb payment yet - I gave notice, and hoped that the deposit would take care of it. But she now says I have to pay full Feb + she wont return deposit.

Will it be a problem if I dont pay?

I'd ask around and see how others find her. Did you actually sign a contract? How many are in the group, and if you don't mind, what are the problems with her? (PM if you'd rather - am not just nosey, I love tutoring.)

I have done groups of 3 or so (for 11 plus during summer hols) but tend to give parents my hourly rate - am obv too cheap, though we are in a very rural area - then if one child's on holiday they cover it between the 2 of them. I don't like teaching more children at once, and prefer one to one as it's much easier to help with specific issues. DH says I should be more mercenary financially but I'd hate to feel I was ripping people off - I only tutor through word of mouth. If you've signed nothing then I can't see how she can make a fuss.

I guess it's different if it's your business, but it doesn't sound great to me.

Could you speak to trading standards and ask for advice or citizens advice bureau?

Thanks mums.. I was just hoping to find someone in this forum who could give some advise..

Is it legal to not pay deposit money back.. and put a clause that it can be refunded only in the final year of Year 6?

I have never heard of paying a deposit to a private tutor before. This could be because it is group tuition to help cover the costs if one student pulls out. Otherwise remaining students would end up paying more. But if this was the case would expect a much larger discount for primary tuition. The hourly rate you are paying does sound high so this cannot be the case.
I usually tutor individual students which works out most flexible and helps ensure the students needs are met. Have sometimes tutored groups of 2 students, but would make it clear to the parent what the discount for this was in advance. For group tuition you shouldn't be paying the same rate as for one-to-one.
Usually lessons are booked in blocks of 4 (a month) and students can pull out with a week's notice if they don't want to continue.
Hope that helps.

Crazymum, there's money to be made out there it seems

if i was you i wouldnt pay, they should have made this deposit business clear when you paid it imo

Have you spoken to your local trading to see if these sort of terms are acceptable?

Most people use tutors for one or two terms and then make a decision from there.

£175 is very steep for a deposit. Did this ring alarm bells att he time?

Have you read the contract? Did you agree to this.

Take legal advise.

Whilst the terms are unusual they're similar to what some private schools have for example, so I think that the issue here is whether you were informed of the terms at the time that you started.

In order for you to be entitled to your deposit back you either have to show that you are entitled to it under the contract ( agreed either in writing or orally), or that the contract terms are fundamentally unfair.

That said in order for the tutor to obtain the Feb fees from you, she would have to take you to the small claims court and she may not bother.

She's expensive compared to what I charge.

Don't come on here very much these days (got effed off with the bullying that goes on from some people) - but basically, and I'll admit I'm very laid back about T+C and the like (and I need to tighten up a bit because I've got burnt myself this year by timewasters) I charge £20 an hour for individual sessions (that's primary), payment after each lesson and the most I'd ask for a notice period is a lesson in advance - and that would be if I was really sticking to my guns, I quite often just leave it very informal that either side can stop as soon as it's not working out anymore... or usually I've done myself out of work in getting their confidence up so they don't need the tutoring anymore lol! I tend to keep it informal because I know kids get home from school ill and the like and just ask for a quick text to be chucked to me if that's the case.

Like I say though - I've got burnt quite badly by a real timewaster this year (had about a month and a half of cancelled sessions with 20 minutes notice - thankfully they only lived two streets down from me before being dropped) so I'm going to have to tighten it up a bit next year and I'm still thinking my way around that one.

Did you sign a contract agreeing to those terms? If you did then you will probably have to pay it, if you didnt then she will have no way of making you pay.

Unfortunately, I did sign the terms & condns that mentioned deposit, that would be returned only after year 6. At that time, I didnt consider all that seriously. Moreover I thought that she was good after reading all her testimonials and talking to her, so I thought he would stay there.

DH doesnt get involved with all this usually, but he said that he would talk to her, that we will not pay. Reason being, 1) Deposit is not fair 2) There are other points in the T&Cs that she has not adhered to, for eg Class size. Contract says 4-6 in a class, but there is a regular batch of 7, and there are some Saturdays that are replacement for missed classes that have about 15-20 even !
3) No individual attention, and is not concentrating on DS's weak areas..

Well, fingers crossed

emptyshell, sorry to hear your situation.. I know there are people that can be very cheeky. But I am not at all like that - I hate to cause trouble .. but I hate it when others think they can get away with anything.

goingmadinthecountry, crazymum...you are right.. there is lot of money to be made there !

But I think teachers deserve to make money.. they do such a noble thing, and I wouldnt mind paying a teacher at all.. only wish that teaching remains the priority, not business.

I think you'll be all right, as you say that she is in breach of contract herself already. That is grounds for you not adhering to the contract. Otherwise you'd be stuck with it.

emptyshell you have my sympathy. The minimum notice required through my tutor agency is 1 hour - otherwise the student will be charged. But I have had one student who has only attended 3 out of a possible 6 lessons (because of drama club) which is very annoying and shows a lack of commitment.
Looks as if I've got it wrong making the student's learning my top priority!