Discussion
Mrs RR is a driving instructor – self employed, provides her own car, insurance fuel etc and works for a local driving school.
The agreement with the school is for the pupil to pay the instructor directly (and the instructor pay a commission to the school) – however, if a pupil wishes to pay in advance for a block of lessons the cheque is to be made payable to the school – who pay the instructor as the lessons are called off.
This seems reasonable, as it allows the instructor to deal directly with “as and when” clients and protects the school if an instructor is unable to complete a block of lessons paid for in advance.
This has worked without a hitch for the last 12 months, but last week Mrs RR was told that a cheque (payable to the school) had bounced and they would not pay her for the lessons she had already given to the pupil – and that they consider it to be the responsibility of the instructor to collect payment.
She contacted the pupil who was very apologetic and explained that it had been a mistake and asked that the cheque be re-presented. The school banked the cheque again, and it has been returned for a second time.
Mrs RR is going to try and get the pupil to pay the outstanding fees in cash, but if this fails I guess we have to try to use the county court to recover the money.
So (finally) my question – from whom should she try to recover the debt - the pupil or the school ?
There is nothing in writing between Mrs RR and the school that covers such a situation. My knowledge of contracts is very old and vague – but I guess the intention was that she would teach and the pupil would pay. Is the school just her agent, or are they the principal in the contract with the pupil ?
It’s not a matter of live or death, but any advice or information would be greatly appreciated !
Thanks in advance.
Ian
The agreement with the school is for the pupil to pay the instructor directly (and the instructor pay a commission to the school) – however, if a pupil wishes to pay in advance for a block of lessons the cheque is to be made payable to the school – who pay the instructor as the lessons are called off.
This seems reasonable, as it allows the instructor to deal directly with “as and when” clients and protects the school if an instructor is unable to complete a block of lessons paid for in advance.
This has worked without a hitch for the last 12 months, but last week Mrs RR was told that a cheque (payable to the school) had bounced and they would not pay her for the lessons she had already given to the pupil – and that they consider it to be the responsibility of the instructor to collect payment.
She contacted the pupil who was very apologetic and explained that it had been a mistake and asked that the cheque be re-presented. The school banked the cheque again, and it has been returned for a second time.
Mrs RR is going to try and get the pupil to pay the outstanding fees in cash, but if this fails I guess we have to try to use the county court to recover the money.
So (finally) my question – from whom should she try to recover the debt - the pupil or the school ?
There is nothing in writing between Mrs RR and the school that covers such a situation. My knowledge of contracts is very old and vague – but I guess the intention was that she would teach and the pupil would pay. Is the school just her agent, or are they the principal in the contract with the pupil ?
It’s not a matter of live or death, but any advice or information would be greatly appreciated !
Thanks in advance.
Ian
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