Sole Trader Owes Me Money/Services

srubey

Hello all

I'm in a very similar situation to the Dog Walker thread, however I didn't want to hijack it with my issue!

Last year, I paid in block for 10 French lessons with a teacher who I had been seeing for a while. After three lessons, my job moved my away from the area and thus, I couldn't continue the lessons. I still visited the area at least once every two weeks so had an arrangement whereby when I was free, I could see if she was too and we would have the occasional lesson.

Well we could never make it work and after much trying, I asked for a refund on my down payment, obviously subtracting the amount I had already taken. She agreed to this and this is where the problems started..

To cut a long story short, she still hasn't paid me back after months. I have in writing, repeated statements saying she will refund me, and has never done so. She now doesn't return my texts and emails and I suspect, has now blocked my number when I ring.

While in part it was my problem that I moved away, she had the option to say no when I asked the first time and didn't have to repeatedly tell me she would pay.

I rang Trading Standards and they basically told me I have zero consumer rights. I feel so powerless! In my eyes, she has taken money without delivering an agreed service and therefore, feel like there should be something I can do.

Would anyone be able to give me any advice please? I have text, emailed and sent letters to her address asking for the money. The amount owed is around £100.

Thank you very much.

HappyMJ

Write it off and move on. £100 isn't enough to bother the courts with and you would have to put another £100 at risk and it will be very risky as the tutor can keep the money if she so wishes. The court may look at the promises of repayment and rule in your favour but you really will be hoping they do that. You would also have to take a day off work to attend court and also pay the expenses of the other side if your action fails. I wouldn't risk it with what you've said. Sometimes it's just easier to write a debt off and move on.

InsideInsurance

What does your contract say about refunds? Or do you even have a contract?

The legal structure of the merchant makes no difference to your rights and you are as entitled to issue against a sole trader as you are a Ltd or Plc. The question will be if you are throwing good money after bad and just going to increases your losses from court fees etc if the person either cannot afford to pay or has moved away etc and cannot be traced

srubey

Thank you both for the advice. I really appreciate it. She didn't give me a contract (having never been in this situation before, I realise now why that matters!).

Although I know the best idea is probably moving on, I find it quite difficult to forget. I had given her piano lessons in kind (even though I'm not a teacher) and felt we had a good relationship, so I feel particularly betrayed by this.

Taking my own emotion out of this, there's no other option in between my efforts and then taking her to court? (This might sound fanciful) but no one who will write a letter on my behalf or even send an email advising her to pay the money back?

bris

You have a contract, written is just one of the many ways contracts are formed. With the lack of a written contract then contract law takes precedence.

On one hand you wouldn't have had a leg to stand on because you broke the contract by moving away so not the teachers fault.

On the other hand you have it in writing that she will refund you so this now takes precedence and a refund is due.

Going to court for it is the only way but as has been pointed out it may be just throwing good money away after bad.

You moved away, maybe it's time to just move on now too.

ThumbRemote

Phone up from a different number?

InsideInsurance

srubey wrote: »

Taking my own emotion out of this, there's no other option in between my efforts and then taking her to court? (This might sound fanciful) but no one who will write a letter on my behalf or even send an email advising her to pay the money back?

You'll be charged more by a solicitor to write a letter before action for you than the total amount being claimed and given this is certainly a small track claim (aka small claims court) then legal fees are basically excluded and so that would certainly come out of your pocket.

The old trick is to send a letter before action, potentially with a court claim form completed and attached to "show you mean business" but if you arent willing to follow through with the action its questionable if its worth your time and effort to do this.

srubey

Thank you again for all the advice! Seems like its not going to be worth my time really... Frustrating though!

dotdash79

Just ensure you give honest reviews on sites where they tout for work. ;-)

keyser666

No harm in sending her a LBA recorded delivery also stating you would be leaving relative factual reviews online and see if she repays then, me I would be inclined to go the whole hog to court.

arcon5

bris wrote: »

You have a contract, written is just one of the many ways contracts are formed. With the lack of a written contract then contract law takes precedence.

On one hand you wouldn't have had a leg to stand on because you broke the contract by moving away so not the teachers fault.

On the other hand you have it in writing that she will refund you so this now takes precedence and a refund is due.

Going to court for it is the only way but as has been pointed out it may be just throwing good money away after bad.

You moved away, maybe it's time to just move on now too.

That's not how the law stands for B2C contracts!

Write it off and move on. £100 isn't enough to bother the courts with and you would have to put another £100 at risk and it will be very risky as the tutor can keep the money if she so wishes.

£100 is a lot of money to many people.