Hello everyone

This is a similar situation to that described by ruthiet recently.

I have a student who came to me for an hourly weekly piano lesson, but at the beginning of this term, he sent me a text saying that he couldn't continue lessons because of his studies (he's a finalist at university).

At the beginning of every half term block I distribute a letter to students / parents stating that half term's lesson fees, which I like to be paid in advance (normally by the 2nd week of the period). My letter also clearly states that lessons cancelled with less than 24 hours' notice will still be charged for, and if a student wishes to give up lessons completely, I require half a term's notice otherwise missed lessons will have to be paid for.

When I reminded my student of this, he argued that he there was never any agreement to this effect, and that he was not going to pay for any lessons he hadn't received. I also reminded him that I am a member of the ISM who will give me legal backing if needed.

I received a letter from him today (funnily enough, enclosing the cheque for the full amount he owes me!) which was quite nasty and rude. He basically said that I was just after money and that I had no leg to stand on as he had not agreed to anything (like, did he not ever read my letters?!). He said that he had even contacted the Citizens Advice Bureau and his family solicitor who gave him this advice. He says that he's disappointed that I've asked him for the money because it's the 'last thing he needs' at this difficult and stressful time in his life. He then goes on to warn me that other students / parents may share this grievance with him if they decide to stop lessons suddenly as he has done.

I feel quite hurt by these comments. The student and I got on well and lessons were fun and enjoyable, and he progressed well. I have always highlighted verbally the fact that I need half a term's notice of a student finishing lessons with me, as well as including it at the end of every half-termly letter. I feel that this student has failed to take responsibility for his actions. I feel he has a cheek to say I am 'just in it for the money' - he obviously doesn't appreciate fully that piano teaching is my main source of income. I also thought we had the fact in common that I too am a student and have also gone through a very stressful time in my life recently (divorce). I thought he was sympathetic towards me.

I would really like to write back to him, but I don't have his address. I could write to him at his university though, or I can easily work out his email address as I know the university where he studies.

Any thoughts, greatly appreciated.

Mrs M (soon to be Miss Z!!)

Obviously doesn't know he's born. He is yet to experience far more difficult and stressful situations in his life than a few university exams!!

To be honest, I wouldn't bother wasting my time or breath trying to contact him. I appreciate that you feel very hurt by his abrupt comments (I would too), but from what you've said it sounds as though his approach is very immature and atypical of a student with an attitude that the entire world revolves around him and nothing else. Sending you the cheque is his own admission of being wrong, he just wasn't going to admit it to your face, so it would be best to simply bank the money and leave it at that.

Without a contract, it is very hard indeed to use the law to get what you're owed. A good contract protects both parties, and would make this kind of situation far easier to resolve.

Stress does odd things to people, and university finals are certainly stressful.


Z is always cooler than M ;-)

Nowhere near as stressful as divorce, loosing your job, moving house, or the death of a relative.

I agree with the others. Not worth worrying about. Just put it down to experience. If you do write a letter/email, I suggest you make it extra polite and just say how his letter hurt you, and remind him that music teachers need to live too.

You'll be on the moral high ground and he'll probably feel awful.

Steve

as you mentioned I had a similar experience last week, I am taking it further by sending them a letter but in the end what you do is up to you. I totally know how you feel, I am still smarting over it and it has knocked my confidence teaching a bit.

Just my view..

I wouldn't write anything. From similar experiences if you do write back you will get a reply. Then, do you write back again?

If you bin his letter and get on with things it will soon be forgotten.

Shame to lose a good pupil like that though

I agree with AJM. I think most teachers will ask for a minimum notice period if lessons are to terminate and expect to be paid for a block of lessons in advance. You student has settled what he owes and he may not be feeling bad about his earlier actions. Don't despair.

No, but at that stage in people's lives, finals are probably the biggest stressor that the majority of students will have encountered.

Can't particularly offer any advice on the situation, just offer sympathy, that can't be nice .



I just wanted to pick up on this paragraph: if he's gone for legal advice and they've told him not to pay you it's unlikely he would be enclosing the cheque to pay you . Also it's unlikely that other students feel like he suggests (especially since it's unlikely they've contemplated leaving): it's a common tactic to make it sound like one is not alone and is, thus, more justified in complaining. I would therefore not trust what he's saying as being true. I'd agree with what others have said, either write a letter simply stating how much he has upset you, or just leave it to blow over.

Like others have said, YOU'RE in the right. Make sure you cash the cheque asap in case his friends persuade him to cancel it.

Miss Z. That sounds unusual! Polish? From looking at your signature, you'll soon be Dr Z.

sorry I should have added that I am only writing to the parents because they have one of my books!! Otherwise I would agree with what others have said and let it go, you have the money that is the main thing!

Er, I think 'dignity' is the word.

Though the money IS important!

Steve

I would say leave it. You've got the money. I know you've had some hurtful things said to you, but I would say it's best forgotten now.

But make sure contracts are in place in the future.

Suzi.

Totally agree.

He will never see your point of view as he has already stated that. It will just end up tit for tat. I too think he is probably very stressed if he has his finals on the way, so I'd just leave it and get on with teaching more worthy students.

Cash the cheque, fill the space and don't waste any more time on this. Certainly don't write back, though do send a receipt if you normally would - he's fulfilled his contractual obligation, and that's were the matter ends.

I think this story, like others before it, highlights the importance of having a written contract with all students, clearly setting out the terms and conditions and signed by both parties (ie teacher and pupil or pupil's parents for those under 18). Then it has some sort of legal status. I think ISM and other organisations can only help when such documents are available - word of mouth, or a letter from the teacher only, not agreed in writing with the pupil (or parent) is not enough.

The other thing that occurs to me is to have full records of addresses, contact numbers, e-mails etc and, for young pupils, an emergency contact that works during lesson time (ie parental mobile etc).

In this particular case, I am inclined to agree to accept the cheque and do nothing further. The only possible thing you could do is write a very formal note receipting the cheque and confirming that this was in full and final payment of fees due. That should complete matters between you.

Contracts don't always protect you anyway - i have had a similar situation this term. A student who i took from beginner to Grade 4 in under 2 years has been pulled out of his lessons because "they were disappointed it took SO LONG to get to grade 4" and they didn't give me notice. They were on a contract and had been thinking about it for three or four weeks (the notice period) but did nothing because they wanted to wait for the exam results and to get the certificate from me. After i gave him the certificate his father phoned and told me they were going elsewhere. i pointed out the contract and he near as dammit laughted at me. I was gutted about it and didn't want to carry on teaching but have since decided that it is their loss.

I don't think we can totally prevent this sort of thing from happening in our line of work but if you get the money - bonus!

Hi everyone

Thank you all so much for your supportive comments - it's really helped me to rise above the situation. I banked the cheque yesterday and will check in a couple of days to see if it has cleared or not. I have also decided not to write back to the student and just let it go as just another immature, self-centred person...

Thanks again

Mrs M (Miss Z)

PS JohnS - yes, my surname is Polish! And yes, I suppose I will soon be Dr Z too!

So you threatened him, then? It's hardly surprising that he reacted the way he did.

Threatening a client with legal action should be the absolute last resort, not the first thing out of your mouth. You do realise these people are your clients, don't you? What's going to to be said now if/when someone asks his opinion of you? You've not only lost his business, but God knows how much business from other people.

Er, no, I think if you re-read my initial post this WAS the last thing I said to him. I did not threaten him at all, just gently reminded him, which I felt I needed to do to stand up for myself. I pride myself on being a good, effective teacher, who will not be messed around, thank you very much!

Mrs M

Good move Dr Z.

A gentle reminder of legal action to a client is a bit like gently dropping a nuke on a middle eastern country. Poor move.

I think you are missing the point. I seem to recall you saying on the 'incoming...' thread "What I've picked up from this particular section of the forums is that few of you realise you are running a business first and teaching music second". Supposing you went in to work one day and were told you weren't needed any more and not given any pay in lieu of notice or holiday pay. I think you would seek legal advice on the matter. Or as an employer, if you decided to get rid of one of your employees in the same way - I think you could expect them to sue you. A signed contract is a legally binding document and a teacher has every right to protect their interests by enforcing it as and when necessary. Fortunately I have only had to enforce it twice - and on both occasions, the ISM legal team wrote to the offending parents telling them if it wasn't paid in full withing seven days, the matter would be taken to the small claims court.

No it isn't a poor move at all. It didn't affect my teaching in any way. It did not reduce the number of enquiries about tuition nor the number of children on my waiting list.

KixMusic, contracts are there to proctect you and will if you enforce it. Once signed parents are committed to it and a letter to them along with a copy of the contract with their signature on it is often enough to get them to pay up. Yes, we can prevent it happening, but we have to be prepared to enforce the terms of the contract. Otherwise, what's the point of having one?

I have been (so far) using a self made up contract on which parents sign. Does anyone know if this is legally binding in itself?

Thanks!
Patricia

Yes it is!

Mine were drawn up by my hubby and I, although I always produce two copies and make sure I have a copy of the parent's signature incase I need it for evidence later. Fortunately I haven't had to do that YET!

I teach university students very reluctantly as I have found them in the past to be very unreliable and not too scrupulous in their dealings. I would not be offended by his letter - he paid and if the cheque does not bounce that is the end of it, onward and upwards The rudeness in the letter is his ungracious way of acknowledging that you are in the right