Opinions on how to handle services (not) rendered.

My wife recently sought a private tutor/coach for my daughter for $350 for four 90-minute sessions. Payment was up front via CC (over the phone) in order to reserve the spot. Woman owns an actual brick & mortar business and has been established for a long time. Two hour-drive each way, get there for the first session. It goes a little long (no problem), wife was unsure about this person but returned for session #2.

Session #2 confirmed her doubts about her ability to effectively tailor her coaching to my daughter's specific requirements. It is clear this woman does not have a clue how to do what they agreed to do. She actually had another 12-year-old student do most of the "coaching" anyway.

Anyway, wife called her today about ending their sessions at two, and her refunding half of the money. I believe she spoke to her in a calm and respectful manner. Sweet little old Dr. Jeckell immediately turned into Mrs. Hyde and told my wife off, says she is not refunding anything, and that she knew this was not going to work out from the start. Hangs up on my wife.

Now, as expected, it is falling on my shoulders to talk to this woman and try to get a resolution. My thought is to call her tomorrow and see how she reacts to me. Getting back $175 would be preferred, but I would propose paying her for two normal session ($100 each I think) and refund $150. However I fully expect the same reaction from her toward me as she had toward my wife.

So what is the next step? Challenge the charge on my CC? Open a case with the BBB? Just write it off mentally as life experience?

 

She screens all of her calls. Called her this morning, we will see if she calls back. I doubt it. My thought is to leave a message for her each day until the paperwork from the CC company arrives to dispute the charge (spoke with them last night). Amount over $75 requires physical paperwork be filed hard copy instead of over the phone.

My plan is to try the CC company first. If it is not resolved through them maybe try the local BBB.

 

Got her on the phone. Talked for about 15 minutes. Her story was that my wife would not let her teach, although it was her decision to allow my wife to come back into the studio (which was self-serving, had she not allowed my wife to observe she never would have used her as a coach anyway). I remained calm as she talked over me and ranted a bit. Her position was that she paid for a four-week "class", not four lessons. So no refund. I ended the conversation by saying "I want to state that I have called you to attempt to negotiate in good faith to find a resolution agreeable to both of us, but your position has not changed that you will not refund anything for the second half of the scheduled lessons..." She agreed and I ended the conversation as cordially as possible.

45 minutes later I get a call back from her. This was the conversation I was expecting earlier. She had obviously been stewing on the conversation and called moderately agitated. Now her story was that my wife had signed up (didn't sign anything) for a different type of class as it was supposed to be four one-hour sessions, since coach had done two two-hour sessions (as she gabbed with her family and fumbled for material to use in her "studio"), her obligation was done and she had earned all of the fee. I merely listened, actually didn't have much choice as she would just talk over me. I defended my wife when she started ranting (getting more anger in her voice every minute) that my wife had attacked her in her criticism over her inability to provide the personalized type instruction they had discussed. In the end she yelled and huffed and puffed about ten minutes (I was more or less silent and wasn't playing her game), eventually she hung up on me. This was probably her subconscious goal all along with the second call, I had decided to end the first conversation and no one does that to her....

Anyway, paperwork from CC company should be here by Friday. I expect a call from her soon after they contact her, no doubt livid. Her second call let me know what her argument would have been so I will have that covered as well.

 

Disputed the charge on the credit card since the agreed service was not provided.

Now four months later, I get a letter back from CC company that without a contract they will do nothing. Of course this woman with brick & mortar business knows this and never provided a contract. CC customer service basically said they (Loft Mastercard) would do nothing.

Looks like small calims court for us...

 

I don't think so, my wife has a differing opinion. I may try BBB first, then let her pursue small claims if she wants. I'm sick of wasting energy on it.

 

Yep, agreed.