Contract for driving lessons
LatinDancer
Posts: 21 Forumite
Advice please
in Sept 2015 I paid over £1600 for a booking of driving lessons for my two children.
the written contract included
35 hrs of driving lessons each,
preparation for theory test,
test fees for both theory & practical tests.
We all informally agreed they would go out for lessons together or separately for 2 hrs minimum. Instructor said his availability was 6pm-9pm each evening.
Both passed the theory test in December 2015. In April 2016 lessons were cancelled as the instructor went away. I contacted him in July asking for him to finish the contract or refund the outstanding hours and practical test fees. (21 hrs total outstanding)
Instructor replied saying the lessons should have been at least 4 hours each and he should have only collected my children 17 times. He said he was on holiday and would work out the contract as soon as possible.
We waited to hear from the instructor ... Meanwhile my children moved on to higher education away from home. In April 2017 I contacted him asking for a refund of the cost of outstanding hours stating he had fundamentally broken the contract, and I had given him plenty of time to complete the hours.
I contacted DSA and CAB for advice, they advised mediation or that I seek legal advice.
In June 2017 I sent a letter before action stating my claim, and my evidence plus suggesting ADR.
I received a reply ignoring the ADR suggestion and saying if I proceed he will counter claim that my children breached the contract and cancelled 2 hours of lessons each time they were out for a 2 hour period. He is claiming that I owe him money. At no time did he say they had cancelled lessons, and my children did not say to him at any time that they wanted to cancel. He decided when to bring them home each time, and on occasion they arrived home earlier than the 2 hour lesson, plus they were often stationary whilst he berated them for minor mistakes.
Both my children subsequently took lessons with a different instructor and passed the practical test first time. I would be happier about getting my money back via ADR rather than going through the court. However as he's ignored my request, and threatened a counter claim (for which he has no written evidence) what are my options?
The contract clearly stated what he would provide. I have receipt for my payments and appointments cards completed by him for each pupil showing the hours completed.
thank you in advance for comments.
in Sept 2015 I paid over £1600 for a booking of driving lessons for my two children.
the written contract included
35 hrs of driving lessons each,
preparation for theory test,
test fees for both theory & practical tests.
We all informally agreed they would go out for lessons together or separately for 2 hrs minimum. Instructor said his availability was 6pm-9pm each evening.
Both passed the theory test in December 2015. In April 2016 lessons were cancelled as the instructor went away. I contacted him in July asking for him to finish the contract or refund the outstanding hours and practical test fees. (21 hrs total outstanding)
Instructor replied saying the lessons should have been at least 4 hours each and he should have only collected my children 17 times. He said he was on holiday and would work out the contract as soon as possible.
We waited to hear from the instructor ... Meanwhile my children moved on to higher education away from home. In April 2017 I contacted him asking for a refund of the cost of outstanding hours stating he had fundamentally broken the contract, and I had given him plenty of time to complete the hours.
I contacted DSA and CAB for advice, they advised mediation or that I seek legal advice.
In June 2017 I sent a letter before action stating my claim, and my evidence plus suggesting ADR.
I received a reply ignoring the ADR suggestion and saying if I proceed he will counter claim that my children breached the contract and cancelled 2 hours of lessons each time they were out for a 2 hour period. He is claiming that I owe him money. At no time did he say they had cancelled lessons, and my children did not say to him at any time that they wanted to cancel. He decided when to bring them home each time, and on occasion they arrived home earlier than the 2 hour lesson, plus they were often stationary whilst he berated them for minor mistakes.
Both my children subsequently took lessons with a different instructor and passed the practical test first time. I would be happier about getting my money back via ADR rather than going through the court. However as he's ignored my request, and threatened a counter claim (for which he has no written evidence) what are my options?
The contract clearly stated what he would provide. I have receipt for my payments and appointments cards completed by him for each pupil showing the hours completed.
thank you in advance for comments.
0
Comments
-
Raise a claim (MCOL) and let him try to counter-claim.0
-
LatinDancer wrote: »However as he's ignored my request, and threatened a counter claim (for which he has no written evidence) what are my options?
Your options are as pointed out in the Letter Before Action you sent.
He's ignored the request for ADR, so it looks like you now need to follow though and issue a claim in the Small Claims Court.0 -
Thank you ... do you think there's any chance of the counter claim being taken seriously?0
-
Of course it all depends on what exactly you said in your letter, but the whole point of an LBA is to basically make them aware "look, this is your last chance, if you don't do x within 14 days, i'm going to begin legal proceedings". Providing your letter says all the necessary things, theres really no reason you shouldn't just go ahead and issue proceedings against him.
You could try to give him one more chance and ask him to clarify whether he's willing to enter ADR or not (wouldn't have to ask him formally, could do so via email). I can't see the claim going against you, but it wouldn't hurt to have something in writing proving that court action really only happened because he refused to negotiate (could potentially see costs being awarded against him even if - theoretically - he won his counterclaim).
The downside to this is that it undermines your LBA threat.
Although I'd perhaps point out that his claim the lessons were supposed to be 4 hours doesn't fit in with his availability of 6-9pm being a 3 hour time slot (perhaps something to make a note of, especially if you have his availability in writing somewhere). And also if the contract doesn't mention the 4 hour lessons, that he was contracted to provide 35 hours + book their tests, not 17 lessons of 4 hours each (especially since that only adds up to 68 hours of lessons.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Thank you, yes I do have in writing from him the 3 hr availability slots, and nothing in writing about 4 hour lessons. Nothing verbally about that either until after he'd disappeared in April '16, when it seems he'd tired of teaching my two!
I will go ahead and make a claim through MCOL thanks again for the advice.0 -
Hi >>> it all takes a long time but ... I did got through MCOL and he put in a counterclaim, as he said he would.
The case was heard mid January, the judge threw out his counter claim and after 2 hours of hearing evidence, I was awarded a victory and he was told to pay me the full amount of my claim within 14 days. I received a cheque 14 days later which cleared 5 days after I paid it in.
The DSA wanted to know the result and have said they will take action against him. I dont know what exactly that means.
Im happy with the outcome. Thank you to all that posted.0 -
Well done, and thanks for coming back with the update.0
-
LatinDancer wrote: »The DSA wanted to know the result and have said they will take action against him. I dont know what exactly that means.
The DSA is now the DVSA and they licence, test and approve all driving instructors, they do not take kindly to any instructor that brings the profession into disrepute, after any court case that appears to do so they will usually revoke the instructors licence to instruct.0 -
Thank you ..
Just hope if this happens to him, that he doesn't come and put a brick through my window in the dead of night. He lives around 7 miles from me.0 -
How much was the claim for0
This discussion has been closed.
Categories
- All Categories
- 343.2K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 608K Mortgages, Homes & Bills
- 173K Life & Family
- 247.9K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards