For download: Exhibit B – Records of communications with Respondent (Loh Hui Xin Cheryl) & Mr Loh Meng Chong Stanley

Exhibit B submitted to Small Claims Tribunal: Record of communications with Ms Loh Hui Xin Cheryl and Mr Loh Meng Chong Stanley

Exhibit B supported Claim for default in payment by Loh Meng Chong Stanley & Loh Hui Xin Cheryl

 

Detailed description and records of communications (calls, SMS and WhatsApp) with Ms Loh Hui Xin Cheryl and Mr Loh Meng Chong Stanley in April and May 2018, in chronological order. Note that, unlike other students:

 Communication for lessons was mainly with Ms Loh Hui Xin Cheryl (not the parents).

 Decisions whether to have and when to have lessons were made by Ms Loh Hui Xin Cheryl, not Mr Loh Meng Chong Stanley.

 There were frequent procrastination and delaying of lesson time by Ms Loh Hui Xin Cheryl.

 There was a last-minute cancellation of scheduled lesson on 08 May within minutes of starting time.

April 2018 1st Lesson in April: 5pm Sat 14 April 2018

Communication with Respondent (Ms Loh Hui Xin Cheryl): Ms Loh Hui Xin Cheryl had lesson scheduled for 7.30pm on Thu 12 April. She called at 7.30pm on the very day of lesson and asked to change the time of lesson to Sun 14 April 5pm. On 14 April, Claimant SMS her at 4.36pm to reconfirm lesson. There was no reply. Call made to Ms Loh Hui Xin Cheryl’s number at 4.58pm. A girl answered the call, claiming to be Ms Loh Hui Xin Cheryl’s friend, and informed that Ms Loh Hui Xin Cheryl had left her mobile phone in school.

Communication with Mr Loh Meng Chong Stanley: Claimant was taken by surprise and a SMS was sent to Mr Loh Meng Chong Stanley at 5.06pm on 14 April on arrival at his condo, seeking confirmation if Ms Loh Hui Xin Cheryl was at home. No reply to SMS. Mr Loh Meng Chong Stanley finally called at 5.21pm to confirm. Lesson proceeded.

2nd Lesson in April: 7pm Mon 16 April 2018

Communication with Respondent (Ms Loh Hui Xin Cheryl): during lesson only.

Communication with Mr Loh Meng Chong Stanley: none.

 

3rd Lesson in April: 7.30pm Thu 19 April 2018

Communication with Respondent (Ms Loh Hui Xin Cheryl): On 18 April, Ms Loh Hui Xin Cheryl sent a WhatsApp message to ask if there was tuition lesson on Thu 19 April. Claimant confirmed. Claimant reminded Ms Loh Hui Xin Cheryl to get proper bendy rulers required for Math quadratic graph drawing.  Ms Loh Hui Xin Cheryl only purchased the required tools by the tuition lesson on Wed 09 May, a day before her exam. Later in the day at 5.04pm, Ms Loh Hui Xin Cheryl WhatsApp to further delay lesson to 7.30pm.

Communication with Mr Loh Meng Chong Stanley: none.

 

4th Lesson in April: 7.45pm 26 April 2018 (payment by Mr Loh Meng Chong Stanley)

Communication with Respondent (Ms Loh Hui Xin Cheryl): Claimant asked Ms Loh Hui Xin Cheryl on 21 April for permission to move tuition lesson from Monday 23 April to Wed 25 April. Ms Loh Hui Xin Cheryl agreed. She was reminded to finish homework. At 3:37pm on day of tuition (Wed 25 April), Claimant sent reminder to Ms Loh Hui Xin Cheryl for lesson at 7pm. Ms Loh Hui Xin Cheryl replied at 6.23pm “I thought it was tmr gdhshsbsbdve. Can you come tmr instead very sorry”. Lesson was then moved to 7pm 26 April. Ms Loh Hui Xin Cheryl promised to do extra homework. Claimant skeptical. No extra homework completed. At 5.38pm on 26 April, Ms Loh Hui Xin Cheryl sent a WhatsApp message to further delay lesson to 7.45pm.

Communication with Mr Loh Meng Chong Stanley: Lesson ended near 10pm and Claimant was walking out of Ms Loh Hui Xin Cheryl’s home. Mr Stanley was sitting in the living room. He got up, went to get his wallet, and made payment in cash for the four lessons in April.

May 2018

1st Lesson in May: 7pm Thu 3 May 2018

Communication with Respondent (Ms Loh Hui Xin Cheryl): During lesson, Ms Loh Hui Xin Cheryl asked to bring forward remaining lessons for the month of May, to be completed before her exams. She wanted to enjoy herself without studies after her exams (“lepak” in her own words), unless her results turned out badly. Ms Loh Hui Xin Cheryl agreed on schedule with Claimant during lesson. Claimant sent her a WhatsApp message at 8.07pm on the spot during lesson for mutual reference.

Communication with Mr Loh Meng Chong Stanley: Mr Stanley was in the living room. At the door, when Claimant was leaving, Mr Stanley asked Claimant about Ms Loh Hui Xin Cheryl’s readiness for exam. Claimant warned Mr Stanley that Ms Loh Hui Xin Cheryl was still too slow, finishing only half the questions within the allowed time, and was not able to do many questions without help. Ms Loh Hui Xin Cheryl informed Mr Stanley of intention to bring forward lessons. Mr Stanley checked with Claimant for availability on preferred dates. Claimant told Mr Stanley that lesson dates were already agreed upon with Ms Loh Hui Xin Cheryl.

 

2nd Lesson in May: 7pm Mon 7 May 2018

Communication with Respondent (Ms Loh Hui Xin Cheryl): At 4.48pm on day of lesson, Ms Loh Hui Xin Cheryl asked Claimant to arrive at 7pm, instead of agreed 6pm. Ms Loh Hui Xin Cheryl asked Claimant for tuition on Science instead as there was a topic “Moments of a Force” she did not attend in school and had homework to submit.

Communication with Mr Loh Meng Chong Stanley: none.

 

3rd Lesson in May: 4.30pm on Tue 8 May 2018 (last-minute cancellation)

As agreed and documented on WhatsApp on 3 May, lesson was scheduled for 4.30pm on 8th May. Ms Loh Hui Xin Cheryl called at 3.18pm. Claimant was in a lesson with another student. Claimant called back at 4.33pm while at bus-stop outside Ms Loh Hui Xin Cheryl’s home. Ms Loh Hui Xin Cheryl asked to cancel the lesson as she was not at home and did not want to go home yet for tuition. There were no more after-school activities during exam. Per terms of engagement, change in lesson schedule, had to be notified to Claimant at least a day in advance. In the absence of advance notice, the lesson was chargeable as the time slot was no longer available to other students.

Communication with Mr Loh Meng Chong Stanley: none

4th Lesson in May: 7pm on Wed 9th May 2018

Communication with Respondent (Ms Loh Hui Xin Cheryl): Ms Loh Hui Xin Cheryl informed Claimant she had Math and (? Grade 1) Music exam the next day. She said she spent the afternoon tingling on the piano and loafing around at home. Math homework was still not completed by 7pm.

Communication with Mr Loh Meng Chong Stanley: After the lesson ended, Mr Stanley was spotted sitting alone in the dark living room. He was engrossed with his TV. He commented that he was waiting for the Malaysian election results. He did not get up. As usual, Ms Loh Hui Xin Cheryl opened the door. Claimant left. No payment made.

June 2018

No lessons scheduled for Ms Loh Hui Xin Cheryl.