Advantage Learning Center

September 18, 2017Dear [redacted] ***:This letter concerns the above numbered complaint, involving the "failure" of my company to give a "refund" to the complainant, ** [redacted] ignores some significant facts, and misstates othersThis letter corrects the recordI am including several pages of email and texts to support my claimrefer to them with a boldface # and a numberThis may seem like overkill, but for years I was a professorIn my research I would analyze and point out strengths and weaknesses in the arguments of other scholarsSo this kind of analysis comes naturally to mePlease bear with me, [redacted] ***, as I explain what really happenedI am including all the communication, to give you a full picture.A mutual friend gave me the **'s name by, and contacted her 7/7/by emailAfter several emails and texts, we talked by phone for minutes, (source: [redacted] bill)gave her my background, explained the different SAT packages offered, and learned about her daughter who was said to be anxious but intelligentI have had similar conversations with many clients since started tutoring in I have never used contracts, and have never had problems with clients over thisUntil last summer.I contacted [redacted] two days later #2, asking whether she'd made any decisions about tutoringAlthough usually give a new student a diagnostic test, [redacted] claimed that the student "cringed when I mentioned taking another one right now"#So agreed to use her previous test for diagnostics, which in hindsight was unwiseThe complainant and I texted back and forth trying to find a suitable day and time, and then in #texted to ask her which package she wantedLM "How many sessions are we doing? The basic package: sessions, hours for or sessions hours for $2000? I'll need a check for a quarter or a third of the amount, whichever one you decide?" After half an hour, she texted back **" will do the sessionsI think that will take us up to the October test".That means, according to Pennsylvania contract law, that we had a binding written agreement (texts are considered written)made an offer, sessions of hrseach, for $1500, and she acceptedIf only I'd known about contracts a month ago!On July 17, less than hours before the appointment, received the following message:# [redacted] Little problemhad a migraine yesterdayAnd it still has not gone awayHer focus will be off todayI know it's late notice but can we reschedule for Sunday or Monday,I was annoyed, and wondered why she hadn't told me on Sunday, rather than at the last minute But, I reasoned, this was the first session, so agreed to reschedule for the following weekI learned from our mutual friend that the student was very anxious and seemed to get a lot of migraines when pushed by her mother into doing things.We scheduled the session for Monday 7/24, at pmI showed up for the appointment on time, and the complainant remained in the next roomI had planned to go over the student's test with herBut her previous tutor had already done thisThat's when realized should have insisted on a new testSo instead I went over vocabulary, testtaking strategies, and gave her some timed passages and problems, etcThe complainant later alleged couldn't focus and went off on tangents about my lifeThese were in fact efforts to put the student at ease, trying to break the iceIt is completely untrue that cut her off when she answered a questionShe was very shy, and it was hard to get her to talkBut she seem to enjoy the session, which lasted hours and minutesWhen the session ended, the complainant gave me a check for $(the consideration), and [redacted] and went out together, laughing and agreeing to meet again the following week, At NO time did either the student or the complainant indicate that there had been a problem.I heard nothing from the complainant until 7/30, less than hrsbefore the next appointment, when I received the following:#pm **: LM, Sorry this is short noticeWe have decided to go a different route with [redacted] and her SAT prepI appreciate what you did for her last week Could just pay you for Monday's session and have the rest refunded backwe are leaving for vacation on Friday so it would help if you can put it in the mailI was stunned, and didn't realize what she had done was actually a breach of contract, unilaterally ending an contract without my agreementhave never, in years of being in business, been asked to return part payment, especially when was willing to deliver the servicesMoreover, I had already spent the money, So I thoughtlessly wrote something which greatly angered the complainantThe following exchange took place#10:pm LM I'm sorry you've decided to go in a different directionHowever, given that you cancelled one session on very short notice, had a session, then cancelled another one with sess than hours notice, I think it is reasonable for me to charge for two and a quarter hour sessions, not oneTotal hours due 6.75"$50, my hourly rate = $I will send you a check for at the end of the weekThank you [redacted] I am sorry you feel that wayBut I was not informed of any of these policies nor did agree to themAnd I do not feel that that is fair in any wayI know others canceled on you with short notice a After speaking with you we figure out you were 60-an hourI would appreciate you sending me back and that is fair.(Im emphasis added) GI gave you hour notice which is the for the majority of cancellation policiesLM Excuse meMy session with [redacted] was two hours and minutes long, not one hourAnd the first season was cancelled at Monday morning, barely two and a half hours before we were to beginI had scheduled the time for you but I didn't complain because you were a new clientToday you cancelled again at pm, again less than Hours beforeSo sessions, hours each =hours, per hourGood nightI am going to handle this through email from now onAgain You did not inform me of any policy and are now holding on to my money and deciding what you want to give back Obviously have to get my husband and others involveI was extremely angry that she only wanted to pay me for an hour, as well as by the threatening tone she immediately took.A day later, her tone had changed in a nicer email, that nonetheless contained several significant inaccuraciesI will skip the accurate part of when and where we met [redacted] ***, After the initial appointment with you, it was decided that [redacted] was not comfortable working with you and would not be able to benefit from meeting with you.This was the FIRST TIME I was told that [redacted] had been uncomfortable during the session [redacted] kindly asked you for the remaining money to be refunded and mailed to me in a timely manner.untrueIn a text dated She ordered me to refund $[redacted] Instead you took it upon yourself to decide what you were refundingYou believe that you can now decide to go back and charge me for a rescheduled appointment and charge me again for a notice of cancellationNo verbal or written policies are in placeI tried nicely to asked for our money to be refunded minus the cost for the services renderedAt this time you decided what you were charging and became very rudeThe cost for those services would be $for two hours and fifteen minutes.This is what I agreed to payCompletely untrueI was the person who mentioned $as the proper charge, and she NEVER accepted it.PL and will ask again for the remaining money of $to be mailed out immediatelyif I do not hear back from you with a response and agreement to refund money requested by 5pm on August 1, 2017, will have to file a complaint with the Revdex.com on August 2, as have been advised.[now she was giving an unreasonable ultimatum)The next day, I sent an extremely conciliatory letter, #8, where first tried to correct the record about the factsThat the session had not gone badly and that she hadn't "nicely asked for a refund," but had used ultimatums and bullying to try to get her wayPerhaps unwisely, I tried to point out the impact pf her behavior on others.Let's be honest **, the real reason you canceled the first session at the last minute and cancelled SAT lessons are your daughter's anxiety, and how you contribute to itShe gets anxious and wants to call things off, and instead of addressing the roots of her anxiety, you try to push her into doing things, (because you've already paid money or made a commitment) which give her migrainesI'm being honest because come from a dysfunctional family, I got over it through therapy years ago; I'm married (years) to a Psychology Ph.D., and recognize a dysfunctional pattern of interactionYou and are in the middle of an anxiety-bullying dance that is not healthy for either of you.In the email, I acknowledged that my initial reaction, inflating the bill to cover the canceled appointments, was unwise and that my cancellation policy was unclearoffered a compromise: that be paid the $due plus $for the cancelled appointmentsBut I could only pay $by the middle of August, and the remaining $by the end of AugustexplainedHer response the next day was both unilateral and revealing:**As far as refunding the money, you can choose from two options:Refunding the entire amount due of $in two installments by the end of AugustThis will offset the cancellation noticeThe first payment made in two weeks and paid in full by the end ofAugustRefunding the $less the 50$ you want for the inconvenience immediately.[I had already made it clear did not have the funds immediately, but if waited until the end of August wouldn't get the other $At this point it seemed that all she cared about was winning a battle SHE'd started]**We are now being affected financially because we will not have those funds available for our vacationAlso just want the situation settled.When I saw this, I began to think that perhaps the "buyer's remorse" was not because her daughter didn't want to work with me, but because she needed the money or vacationBut I didn't mention thisI made a counteroffer on Aug7.LM deleted my original Sarcastic response and sat on this till cooled offEven though I'm having financial issues (trying to fix a dead car, which is essential to my business) can send $in two weeks (821) and $two weeks laterhope you accept thisI heard NOTHING from the complainant for several weeksAs I mentioned to her on Aug7, my husband and were having financial problems trying to repair a car that could use for businessBut [redacted] ignored that **ea for compassionOn Aug23, she wrote: [redacted] lt is August 24, I have not received a check from you yetThis was our agreement and another check due on September 4, I would appreciate your prompt payment as promised.On 8/29, pointed out that she had never agreed to my counterproposal.LM please show me where you agreed to my proposalNot where you stated an ultimatumnever sent anything because you never agreed to what I'd proposed,Now, I know the Revdex.com would say "the customer is always right" or that should have bent over backward to reach an agreement, but honestly, I triedShe didn't ask how we could resolve the situation, she ordered my to do thingsWhen, on several occasions, I made proposals, she never responded, and then she castigated me for not living up to an agreement she'd never made! I think the record shows that she was a textbook example of a bully, "one who is habitually cruel, insulting, or threatening to others who are weaker, smaller, or in some way vulnerable" She is used to getting her way with her daughter, with sales people, and with teachers, so when I pointed out the flaws in her logic she became infuriatedOn Aug29, she emailed**I am done with your gamesThe bottom lineyou are holding onto money that is not yours, This has showed myself and will others how your business is runThe stress is too much for myself and my familyhave filed my complaint with the Revdex.com and will share my experience with my communityNobody should ever be demeaned and bullied by someone, let alone a professional business owner All you had to do was just send a check when originally askedYou took this way to far I am sorry that you did that.I hadn't demeaned her, unless describing her actions as bullying is demeaningThe only comment I made about her daughter was #BTW how did she do on the test? I'll bet she could have benefited from some tutoring, yah think? I wonder how she felt about this little disagreement you concocted? Yes, that was taunting the mother, and was in hindsight rather childish of meBut no one could seriously argue that this was demeaning the daughter, I was instead pointing out the possible consequences of **'s somewhat hysterical insistence that she get her own wayit's difficult to reason with a person who acts as though she's entitled to her own facts and can misrepresent what she'd previously demanded (why? because she has money? Because she thinks I won't remember? I feel sorry for her daughter, who will need counseling to address the "anxiety-bullying dance" mentioned.The problem, as see it, is that the complainant seems to think that business negotiations consist of making an unreasonable offer, take it or leave it, and NOT responding to counteroffers, when in fact an contractual agreement is complete when BOTH sides agree to the termsAn important dimension of business, indeed of life, is emotional intelligence, or the ability to understand another person's point of viewBut [redacted] only valued her own opinion, and rearranged facts to suit her argument.On Aug29, she contacted the Revdex.comand two days later reviewed my business on [redacted] #and Google, twice on Sept and Sept 7, even though told her that I'd sent a check 8/(Labor Day Weekend) These contained many falsehoods, such as that the session ended in tears, and that I criticized her daughterShe also claimed that she turned over ALL correspondence to the Revdex.comSomehow, [redacted] ***, I doubt that1, on the other hand, have sent everything, even where it makes me look bad.But was tired of the squabble, and sent a check for $the next day, Augtold her to check her mailTwo days later, she maliciously sent me the Revdex.com complaint she'd filedI sent an angry response which thought was going to the Revdex.com, said:# [redacted] is a bully and a serial liarWe had an oral agreement which she ended by claiming her daughter was upset, when the opposite was the caseI have never had ANY problems with my services, in more than years in businessWhen get home, I will forward the ALL e the texts and emails we exchanged, so that the Revdex.com can see just how unreasonable and, i'm sorry to say, hysterical she has beenI made a reasonable offer to her and she never accepted it, and yet she makes outrageous claims which are harmful to my reputation.Nonetheless, I have -already-sent more than half of what she claimed I owe her, just to shut her upThe remainder will be sent in two weeks,She didn't tell me she hadn't received the check I'd sent until SeptSo I put a stop payment order on it, (Cost $30) and sent another on September She did not cash that check until September 13th.However, given the considerable undeserved damage she has inflicted on my reputation, I don't think should pay the remaining $that l owe until she removes the libelous [redacted] and [redacted] review and notifies her friends that she has done soWhat do you think, [redacted] ***? I think I have been very reasonableThis has been an extremely difficult experience, and want to put it behind meI hope the Revdex.com can help with this "dispute".SincerelyLM, (Elizabeth M***)Director

September 18, 2017Dear [redacted]:This letter concerns the above numbered complaint, involving the "failure" of my company to give a "refund" to the complainant, **. ** ignores some significant facts, and misstates others. This letter corrects the record. I am including several pages of email and...

texts to support my claim. refer to them with a boldface # and a number. This may seem like overkill, but for years I was a professor. In my research I would analyze and point out strengths and weaknesses in the arguments of other scholars. So this kind of analysis comes naturally to me. Please bear with me, [redacted], as I explain what really happened. I am including all the communication, to give you a full picture.A mutual friend gave me the **'s name by, and contacted her 7/7/17 by email. After several emails and texts, we talked by phone for 60 minutes, (source: [redacted] bill). gave her my background, explained the different SAT packages offered, and learned about her daughter who was said to be anxious but intelligent. I have had similar conversations with many clients since started tutoring in 2001. I have never used contracts, and have never had problems with clients over this. Until last summer.I contacted ** two days later #2, asking whether she'd made any decisions about tutoring. Although usually give a new student a diagnostic test, ** claimed that the student "cringed when I mentioned taking another one right now". #3 So agreed to use her previous test for diagnostics, which in hindsight was unwise. The complainant and I texted back and forth trying to find a suitable day and time, and then in #4 texted to ask her which package she wanted. LM "How many sessions are we doing? The basic package: 11 sessions, 25 hours for 1500 or 16 sessions 36 hours for $2000? I'll need a check for a quarter or a third of the amount, whichever one you decide?" After half an hour, she texted back **" will do the 11 sessions. I think that will take us up to the October test".That means, according to Pennsylvania contract law, that we had a binding written agreement (texts are considered written). made an offer, 11 sessions of 2.25 hrs. each, for $1500, and she accepted. If only I'd known about contracts a month ago!On July 17, less than 2 hours before the appointment, received the following message:#5 ** Little problem. had a migraine yesterday. And it still has not gone away. Her focus will be off today. I know it's late notice but can we reschedule for Sunday or Monday,I was annoyed, and wondered why she hadn't told me on Sunday, rather than at the last minute But, I reasoned, this was the first session, so agreed to reschedule for the following week. I learned from our mutual friend that the student was very anxious and seemed to get a lot of migraines when pushed by her mother into doing things.We scheduled the session for Monday 7/24, at 1 pm. I showed up for the appointment on time, and the complainant remained in the next room. I had planned to go over the student's test with her. But her previous tutor had already done this. That's when realized should have insisted on a new test. So instead I went over vocabulary, testtaking strategies, and gave her some timed passages and problems, etc. The complainant later alleged couldn't focus and went off on tangents about my life. These were in fact efforts to put the student at ease, trying to break the ice. It is completely untrue that cut her off when she answered a question. She was very shy, and it was hard to get her to talk. But she seem to enjoy the session, which lasted 2 hours and 15 minutes. When the session ended, the complainant gave me a check for $400 (the consideration), and ** and went out together, laughing and agreeing to meet again the following week, 7131. At NO time did either the student or the complainant indicate that there had been a problem.I heard nothing from the complainant until 7/30, less than 24 hrs. before the next appointment, when I received the following:#6 730 251 pm **: LM, Sorry this is short notice. We have decided to go a different route with [redacted] and her SAT prep. I appreciate what you did for her last week Could just pay you for Monday's session and have the rest refunded back... we are leaving for vacation on Friday so it would help if you can put it in the mailI was stunned, and didn't realize what she had done was actually a breach of contract, unilaterally ending an contract without my agreement. have never, in 16 years of being in business, been asked to return part payment, especially when 1 was willing to deliver the services. Moreover, I had already spent the money, So I thoughtlessly wrote something which greatly angered the complainant. The following exchange took place#7 7130 10:44 pm LM I'm sorry you've decided to go in a different direction. However, given that you cancelled one session on very short notice, had a session, then cancelled another one with sess than 24 hours notice, I think it is reasonable for me to charge for 3 two and a quarter hour sessions, not one. Total hours due 6.75"$50, my hourly rate = $337.50. I will send you a check for 62.50 at the end of the week. Thank you** I am sorry you feel that way. But I was not informed of any of these policies nor did agree to them. And I do not feel that that is fair in any way. I know others canceled on you with short notice a After speaking with you we figure out you were 60-70 an hourI would appreciate you sending me back 350 and that is fair.(Im emphasis added) G. I gave you 24 hour notice which is the normal for the majority of cancellation policiesLM Excuse me. My session with [redacted] was two hours and 15 minutes long, not one hour. And the first season was cancelled at 1106 Monday morning, barely two and a half hours before we were to begin. I had scheduled the time for you but I didn't complain because you were a new client. Today you cancelled again at 251 pm, again less than 24 Hours before. So 3 sessions, 2.25 hours each =6.75 hours, 50 per hour. Good nightI am going to handle this through email from now on. Again You did not inform me of any policy and are now holding on to my money and deciding what you want to give back Obviously have to get my husband and others involveI was extremely angry that she only wanted to pay me for an hour, as well as by the threatening tone she immediately took.A day later, her tone had changed in a nicer email, that nonetheless contained several significant inaccuracies. I will skip the accurate part of when and where we met[redacted], After the initial appointment with you, it was decided that [redacted] was not comfortable working with you and would not be able to benefit from meeting with you.This was the FIRST TIME I was told that [redacted] had been uncomfortable during the session** kindly asked you for the remaining money to be refunded and mailed to me in a timely manner.untrue. In a text dated 7130. She ordered me to refund $350.** Instead you took it upon yourself to decide what you were refunding. You believe that you can now decide to go back and charge me for a rescheduled appointment and charge me again for a notice of cancellation. No verbal or written policies are in place.. I tried nicely to asked for our money to be refunded minus the cost for the services rendered. At this time you decided what you were charging and became very rude. The cost for those services would be $112.50 for two hours and fifteen minutes.This is what I agreed to payCompletely untrue. I was the person who mentioned $112.50 as the proper charge, and she NEVER accepted it.PL and will ask again for the remaining money of $287.50 to be mailed out immediately. if I do not hear back from you with a response and agreement to refund money requested by 5pm on August 1, 2017, will have to file a complaint with the Revdex.com on August 2, 2017 as have been advised.[now she was giving an unreasonable ultimatum)The next day, I sent an extremely conciliatory letter, #8, where first tried to correct the record about the facts. That the session had not gone badly and that she hadn't "nicely asked for a refund," but had used ultimatums and bullying to try to get her way. Perhaps unwisely, I tried to point out the impact pf her behavior on others.Let's be honest **, the real reason you canceled the first session at the last minute and cancelled SAT lessons are your daughter's anxiety, and how you contribute to it. She gets anxious and wants to call things off, and instead of addressing the roots of her anxiety, you try to push her into doing things, (because you've already paid money or made a commitment) which give her migraines. I'm being honest because come from a dysfunctional family, I got over it through therapy years ago; I'm married (33 years) to a Psychology Ph.D., and recognize a dysfunctional pattern of interaction. You and are in the middle of an anxiety-bullying dance that is not healthy for either of you.In the email, I acknowledged that my initial reaction, inflating the bill to cover the canceled appointments, was unwise and that my cancellation policy was unclear. offered a compromise: that be paid the $122.50 due plus $50 for the cancelled appointments. But I could only pay $120 by the middle of August, and the remaining $117.50 by the end of August. explainedHer response the next day was both unilateral and revealing:**As far as refunding the money, you can choose from two options:1. Refunding the entire amount due of $287.70 in two installments by the end of August. This will offset the cancellation notice. The first payment made in two weeks and paid in full by the end ofAugust.2. Refunding the $287.50 less the 50$ you want for the inconvenience immediately.[I had already made it clear did not have the funds immediately, but if waited until the end of August wouldn't get the other $50. At this point it seemed that all she cared about was winning a battle SHE'd started]**. We are now being affected financially because we will not have those funds available for our vacation. Also just want the situation settled.When I saw this, I began to think that perhaps the "buyer's remorse" was not because her daughter didn't want to work with me, but because she needed the money or vacation. But I didn't mention this. I made a counteroffer on Aug. 7.LM deleted my original Sarcastic response and sat on this till cooled off. Even though I'm having financial issues (trying to fix a dead car, which is essential to my business) can send $120 in two weeks (821) and $117.50 two weeks later. hope you accept thisI heard NOTHING from the complainant for several weeks. As I mentioned to her on Aug. 7, my husband and were having financial problems trying to repair a car that could use for business. But ** ignored that **ea for compassion. On Aug. 23, she wrote:** lt is August 24, 2017. I have not received a check from you yet. This was our agreement and another check due on September 4, 2017. I would appreciate your prompt payment as promised.On 8/29, 1 pointed out that she had never agreed to my counterproposal.LM please show me where you agreed to my proposal. Not where you stated an ultimatum. never sent anything because you never agreed to what I'd proposed,Now, I know the Revdex.com would say "the customer is always right" or that should have bent over backward to reach an agreement, but honestly, I tried. She didn't ask how we could resolve the situation, she ordered my to do things. When, on several occasions, I made proposals, she never responded, and then she castigated me for not living up to an agreement she'd never made! I think the record shows that she was a textbook example of a bully, "one who is habitually cruel, insulting, or threatening to others who are weaker, smaller, or in some way vulnerable" She is used to getting her way with her daughter, with sales people, and with teachers, so when I pointed out the flaws in her logic she became infuriated. On Aug. 29, she emailed**. I am done with your games. The bottom line... you are holding onto money that is not yours, This has showed myself and will others how your business is run. The stress is too much for myself and my family. have filed my complaint with the Revdex.com and will share my experience with my community. Nobody should ever be demeaned and bullied by someone, let alone a professional business owner All you had to do was just send a check when originally asked. You took this way to far I am sorry that you did that.I hadn't demeaned her, unless describing her actions as bullying is demeaning. The only comment I made about her daughter was #11 BTW how did she do on the test? I'll bet she could have benefited from some tutoring, yah think? I wonder how she felt about this little disagreement you concocted? Yes, that was taunting the mother, and was in hindsight rather childish of me. But no one could seriously argue that this was demeaning the daughter, I was instead pointing out the possible consequences of **'s somewhat hysterical insistence that she get her own way. it's difficult to reason with a person who acts as though she's entitled to her own facts and can misrepresent what she'd previously demanded (why? because she has money? Because she thinks I won't remember? I feel sorry for her daughter, who will need counseling to address the "anxiety-bullying dance" mentioned.The problem, as see it, is that the complainant seems to think that business negotiations consist of making an unreasonable offer, take it or leave it, and NOT responding to counteroffers, when in fact an contractual agreement is complete when BOTH sides agree to the terms. An important dimension of business, indeed of life, is emotional intelligence, or the ability to understand another person's point of view. But ** only valued her own opinion, and rearranged facts to suit her argument.On Aug. 29, she contacted the Revdex.com. and two days later reviewed my business on [redacted] #10. and Google, twice on Sept 1 and Sept 7, even though told her that I'd sent a check 8/30. (Labor Day Weekend) These contained many falsehoods, such as that the session ended in tears, and that I criticized her daughter. She also claimed that she turned over ALL correspondence to the Revdex.com. Somehow, [redacted], I doubt that. 1, on the other hand, have sent everything, even where it makes me look bad.But was tired of the squabble, and sent a check for $143.75 the next day, Aug. 30. told her to check her mail. Two days later, she maliciously sent me the Revdex.com complaint she'd filed. I sent an angry response which thought was going to the Revdex.com, said:#9 ** is a bully and a serial liar. We had an oral agreement which she ended by claiming her daughter was upset, when the opposite was the case. I have never had ANY problems with my services, in more than 16 years in business. When get home, I will forward the ALL e the texts and emails we exchanged, so that the Revdex.com can see just how unreasonable and, i'm sorry to say, hysterical she has been. I made a reasonable offer to her and she never accepted it, and yet she makes outrageous claims which are harmful to my reputation.Nonetheless, I have -already-sent more than half of what she claimed I owe her, just to shut her up. The remainder will be sent in two weeks,She didn't tell me she hadn't received the check I'd sent until Sept. 7. So I put a stop payment order on it, (Cost $30) and sent another on September 7. She did not cash that check until September 13th.However, given the considerable undeserved damage she has inflicted on my reputation, I don't think should pay the remaining $94.00 that l owe until she removes the libelous [redacted] and [redacted] review and notifies her friends that she has done so. What do you think, [redacted]? I think I have been very reasonableThis has been an extremely difficult experience, and want to put it behind me. I hope the Revdex.com can help with this "dispute".SincerelyLM, (Elizabeth M[redacted])Director