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Tricky one...

Right then, I'm a student pilot and have been flying for the last three years on and off.

I only had a few hours left to complete my license so I purchased a 15 hour package from my flying school. The package was around £3,000. This was in september. I could only fly a few times before christmas due to poor weather and just before christmas my wife recieved news that her mother was suffering from cancer in Brazil. We did the only right thing you can in these circumstances and dropped everything to fly over there and spend some time with her during the operation etc. While we were out there, my wife and I discussed the possibility of leaving everything in England and moving to Brazil so we could spend time with her mother as we didn't know the extent of the illness. I told my instructor that I was going away for Christmas to Brazil and I would be in contact when I returned in January. When we returned, we decided to get everything arranged to go to brazil for an unforseen duration of time, this meant speaking to the flying school and asking them if they could please refund me my original amount minus any hours that I had taken since purchase of the package. I called the school and spoke to the operations manager and they told me to put everything in an email to the directors as they have a no refund policy. I explained my situation without going into minute detail and asked if they could please consider my case on an individual basis. I recieved no reply from this email so after 2 weeks I called them again and was told that they were looking into it and would get in touch with me in due course. I have been calling them non-stop every 2 weeks for the last 5 months asking what is happening and was told exactly the same thing everytime. It was getting infuriating but I remained polite. Today I called them saying that this had gone on too long and said I wanted to speak to the director directly. They refused to talk to me and I've just recieved an email from her stating that the course was only valid for 3 months and since the course was purchased in September and it is now July, they are even refusing to honour my original package. Basically speaking, they are taking my full money and telling me to go and do one. I just called them and in no uncertain terms told them what I thought about their reply and I was told that if I had any problems they could email me their solicitors details.
Obviously I'm fuming but want to get as much advice as I can before making my next move. I can't afford a solicitor and my wife and I are trying to save every penny for the move abroad.
I was not informed of the conditions of sale when I bought the package and no-one during this time as anyone said anything to help. Particularly after I'd completed around 40 hours at the school previously at a cost of around £8,000 you'd expect them to be a little bit nicer to their customers.

Can anyone tell me if I have a leg to stand on here? :mad:
«1

Comments

  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Paragraphs please!
    Gone ... or have I?
  • BluHed
    BluHed Posts: 6 Forumite
    dmg24 wrote: »
    Paragraphs please!

    If that's the extent of your advice, please refrain from comment. Or is that how you rack up your post numbers by commenting on grammatical issues?
  • BluHed wrote: »
    If that's the extent of your advice, please refrain from comment. Or is that how you rack up your post numbers by commenting on grammatical issues?

    It's not grammatical, it's just for you to help yourself. If you cannot be bothered to set your post out in a nice easy to read way you will find a lot of the regulars will not be bothered to read it.

    Anyway, my contribution is what did the original contract say? when you signed up... I assume you had some paperwork.
    Thinking critically since 1996....
  • BluHed
    BluHed Posts: 6 Forumite
    There was no paperwork to sign. They just took my money and issued a till reciept.
  • Well then you need to ask for the T&Cs that suggest that your lessons need to be taken within 3 months. If they didn't give this to you before or at the time of signing then they cannot suggest it forms part of the contract that you entered with them.

    From now on correspond with them only in writing (sending recorded delivery so you have proof of it). Ask for the T&Cs, if they cannot provide (or did not make you aware before signing) then issue them with a letter before action giving them 14 days to pay up and then do Money Claim On Line and seek your money through the small claims court if they continue to ignore you.
    Thinking critically since 1996....
  • Whiteknight
    Whiteknight Posts: 483 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    My opinion only I'm afraid...

    You purchased something from a company (they sold it to you in good faith), your circumstances changed so that you no longer needed or wanted what had been purchased. I get the impression from your post that rather than no longer wanting to get your licence you just wanted the money back - no doubt to help fund your stay overseas.

    I would have thought that they are well within their rights to refuse to give your money back to you, if you purchased anything else and decided afterwards that you have overspent/no longer required it most businesses are not legally required to refund you the money. They should have responded a lot quicker to your correspondence - I am sure you would have been happier if they had told you back in January that they were not going to refund you.

    As for the expiry of the package you may want to explain to them again the situation regarding why you were not able to fly the full 15 hours within the three months and also explain that you had been awaiting a reply from them regarding the possible refund. Hopefully they will give you some time to complete the remaining hours of your course.
  • poet123
    poet123 Posts: 24,099 Forumite
    You need to check the contract, but 3 months seems a very short time to use up the flying hours, and had you wanted to challenge that as an unfair t&C ( in view of the time of year purchased and weather issues) that may have been possible, but the issue of a refund is less likely to stick, as a non refundable clause is pretty standard in many contracts.

    I think that a refund is unlikely, your best course of action is to ask for a meeting and try and negotiate the use of the hours before you leave. I am sorry if that is not what you wanted to hear.
  • poet123
    poet123 Posts: 24,099 Forumite
    So,you handed over £3000 without being sure what you had bought?

    If no contract exists (written or verbal) then you could challenge it in court. My guess is they will produce a set of T's& C's which they will state you were apprised of, which will incluse a non refundable clause and the three month usage clause. It will then become your word against theirs. Your best bet is to try convince the court that having already been a long term customer you had never known of these condtions, and try to produce other customers who will back your claims.
  • Sandoval
    Sandoval Posts: 903 Forumite
    BluHed wrote: »
    If that's the extent of your advice, please refrain from comment. Or is that how you rack up your post numbers by commenting on grammatical issues?
    Do you fly model planes or real ones?

    I'd always been under the impression that pilots were relatively well-educated, at least enough to understand how paragraphs are used and why they are necessary.

    I feel like my entire belief system has been blown apart tonight.

    I'm going to watch Airplane! to calm down now...
  • gordikin
    gordikin Posts: 4,422 Forumite
    BluHed wrote: »
    Right then, I'm a student pilot and have been flying for the last three years on and off.

    I only had a few hours left to complete my license so I purchased a 15 hour package from my flying school. The package was around £3,000. This was in september. I could only fly a few times before christmas due to poor weather and just before christmas my wife recieved news that her mother was suffering from cancer in Brazil. We did the only right thing you can in these circumstances and dropped everything to fly over there and spend some time with her during the operation etc. While we were out there, my wife and I discussed the possibility of leaving everything in England and moving to Brazil so we could spend time with her mother as we didn't know the extent of the illness. I told my instructor that I was going away for Christmas to Brazil and I would be in contact when I returned in January. When we returned, we decided to get everything arranged to go to brazil for an unforseen duration of time, this meant speaking to the flying school and asking them if they could please refund me my original amount minus any hours that I had taken since purchase of the package. I called the school and spoke to the operations manager and they told me to put everything in an email to the directors as they have a no refund policy. I explained my situation without going into minute detail and asked if they could please consider my case on an individual basis. I recieved no reply from this email so after 2 weeks I called them again and was told that they were looking into it and would get in touch with me in due course. I have been calling them non-stop every 2 weeks for the last 5 months asking what is happening and was told exactly the same thing everytime. It was getting infuriating but I remained polite. Today I called them saying that this had gone on too long and said I wanted to speak to the director directly. They refused to talk to me and I've just recieved an email from her stating that the course was only valid for 3 months and since the course was purchased in September and it is now July, they are even refusing to honour my original package. Basically speaking, they are taking my full money and telling me to go and do one. I just called them and in no uncertain terms told them what I thought about their reply and I was told that if I had any problems they could email me their solicitors details.
    Obviously I'm fuming but want to get as much advice as I can before making my next move. I can't afford a solicitor and my wife and I are trying to save every penny for the move abroad.
    I was not informed of the conditions of sale when I bought the package and no-one during this time as anyone said anything to help. Particularly after I'd completed around 40 hours at the school previously at a cost of around £8,000 you'd expect them to be a little bit nicer to their customers.

    Can anyone tell me if I have a leg to stand on here? :mad:


    Needs to be sorted..but hey OP has been told!
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