Driving instructor disputes

aquablue_2

Hello - long time board reader, first time poster!

I need some help/advice. Have been having driving lessons with an independent instructor, paid in advance for 20 lessons. Instructor said he would book test for me so also paid him test fee.

The service has been terrible, he turns up late, doesn't turn up at all and when he does turn on 50% of the lessons he cut the 2 hour lesson to 1.5 because he had someone else booked in, yet he didn't tell me till instructed to pull up at my house. Problems again this weekend and I have had enough, so I called and said ( after waiting 45 mins for him to turn up - he didn't) I was going elsehere and wanted my money back.

He wasn't happy, reckoned he has been more than reasonable etc. He also said he never uses the advance lesson money until I have had the lessons. He said he wuld bring the money to me yesterday (monday0 I waited in all day - he didn't turn up. He phoned midday and said he would right a cheque - he couldn't give cash as was close to his OD limit. I reminded him he had told me he doesn't use money from the chq till I have had lesson and he said he would borrow it from some one.

Never turned up all day, by 10:30 this morning still not phonecall or explanation as to why he didn't arrive. SO I phoned him and kept phoning as he would't answer. I texted and asked him to call, I left messages on mobile voicemail asking him to call. I said I would be in till12 so wanted ot hear from him.

Nothign till 3 when he claims his girlfriend had had his phone all day ( he made a similar claim after not turning up for a lessona nd then refusing to answer phone which tunred out to be a lie)

So he texts back and says he has been to the police as I am harrassing him.

After speaking to the DSA today I have also found out that the test he took money from me for was never booked though he gave me a time and date etc saying it was.

He claimed he would be round tonight but will not confimr time and I don't believe he will.

I haven't got his address as I booked through a driving school booking service who took my number and gave it to him. All I have is his phone number.

I spoke to my bank who said they can't do anything about the cheque I gave him and to speak to the police. The police say recovering the funds I am owed is a civil matter and I need to go to a solicitor.

I have just finished uni, am on JSA and don't think I can afford a solictor. How do I get money back from him? He refuses t answers my calls or any specific question i ask about when he will be round.


Help!!!!

shellsuit

Can't you report him to the DSA?

I would be wanting my money back too!

shellsuit

I haven't got his address as I booked through a driving school booking service who took my number and gave it to him. All I have is his phone number.

I'd get onto the driving school service too.

hjb123

Is there any regulator for driving instructors? It sounds like the instructor doesnt really care - however I think by the sounds of it you maybe have got on at him a bit too much - though I can understand that you would be wanting the money or the lessons

shellsuit

hjb123 wrote:

Is there any regulator for driving instructors? It sounds like the instructor doesnt really care - however I think by the sounds of it you maybe have got on at him a bit too much - though I can understand that you would be wanting the money or the lessons

I've found this http://www.dsa.gov.uk/Category.asp?cat=5

shellsuit

http://www.dsa.gov.uk/OrganisationDetails.asp?id=SXFF46-A77FA859&cat=5

aquablue_2

Thanks! I have been ringing the driving school booking service all day and that has just been an answer phone too. I know I called him too much but he never turned up yesterday like he said, he hasn't been doing lessons as I paid , then when I found out the test he claimed to have booked for me wasn't booked at all ( 2 separate dates he claims he has booked me for, the second one being an earlier date) I began to get worried. Then he wouldn't answer his phone, the booking service wouldn't answer I got stressed and I can't afford to lose the money. I am meant to be a supply teacher which I realy need a car for and if I don't pass I won't be getting much work according to the agency.

I've made copies of all the lessons and problems and lateness etc, transcribed all our texts from today so if he does turn up tonight he'll need to explain all the lies.....

But I will get in touch with ADI as well!
Thank you very much

shellsuit

Let us know how you get on - touch wood my instructor is fine (at the moment! lol)

C_Ronaldo

Was your instructor a member of the ADI, ask around re your next instructor, thats how i found my one 7 years ago

regularsaver1

Yeah ADI

my grandad was a driving insturctor for 30 years. i'll ask him later

what poor service

regularsaver1

I found this

http://www.driving.org/ADIsLaw.html

NOTICE OF LESSON CANCELLATION

Many ADIs include in their Terms of Business a clause indicating to pupils that they must give at least 48 hours (or another multiple of 12 hours) notice of cancellation of a booked lesson, or of their non-availability for such a lesson. Failure to give at least this notice may (or will) result in the instructor exercising the right to charge pupils at the normal rate for any lesson/s cancelled at short notice.

In the past, this has seemed a reasonable safeguard to ensure that young people were not careless when making appointments and did not cause a loss of revenue to instructors in a situation where it would be unlikely that the time booked could be resold at short notice. Despite having such a clause in their printed Terms, most instructors tend to use their discretion about actually charging pupils, depending upon the circumstances that led to the late cancellation or upon their ability to fill the slot in their diaries at short notice.

However, the Office of Fair Trading has ruled (in Unfair Contract Terms Bulletin 21, published in 2003) that such a clause imposed on pupils does not comply with the requirements of the Unfair Terms in Consumer Contracts Regulations 1999 (EC Directive 93/13/EEC) and is potentially unfair. The OFT has ruled that such a clause must work both ways, i.e. the service supplier (the ADI) has a 'duty to mitigate losses, and allow for the consumer to recover equal compensation if the supplier cancels'.

Since all lesson appointments are legally binding (verbal) contracts, the pupil has an equal right to claim compensation if the ADI is late, or fails to turn up, or telephones to rearrange the appointment giving less than the same (48 hours) notice period. As a result of this ruling, the wording on DIA appointment cards has been changed and DIA members are advised that they should ensure that they can keep all the appointments they make, or take steps to rearrange them earlier than 48 hours before the time of the lesson appointment.