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bsm advice please

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please can someone tell me where i stand with bsm? I purchased a driving lesson at the cost of £52.50 as a gift for my others birthday online, i filled out the online form when we wanted the lesson to take place, no contact from bsm to confirm, after a few days i went into the local bsm office who informed me they have no instructors who cover the area where my mum lives and the best they could do would be to get someone there in approx 8 weeks:mad::mad:

I was told to go away and think about it. think we did and mum decided she would like to start asap and i asked for a refund of my money so mum could go with an independant instructor. BSM now say ia am not entitled to a refund as they can give her a lesson its just not when we want it!!!!!!! I would really like my money back and give it to mu to put towards her other lessons, please help, oh and the lady in the local office said that i should get my money back as they cannot provide me with the service???

And they wont give me a telephone number to complain to either you can only email:mad:
Determind to make a better life for ME and my children


Thanks to hangingbyathread for making me include myself in the above xx
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Comments

  • Sunnylooloo
    Sunnylooloo Posts: 4,295 Forumite
    Eeek - just giving you a bump up really.

    Def send them an email they should respond to you quite quickly.

    Hope someone will be along soon with some advice for you, what a pain!

    x
    The worst cliques are those which consist of one man ~ George Bernard Shaw
    Holiday Saving fund 2010 = £25.00 :DWeightLoss 2010 = +6lbs :(
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  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    Over £50 for one driving lesson?!! Please tell me that price wasn't for one....?! What do the T&Cs say?
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • cloverfan
    cloverfan Posts: 635 Forumite
    It was for a 2 hour lesson, it let you put in the time and day you wanted your lesson and no one ever contacted us....its been going on for nearly 6 weeks now......apparently i am only entitled to a refund if mum passed her test in the last 7 days with them.......am so disappointed i really thought bsm were good and had planned that all 6 of my children would learn through them too, not now i can tell you!! and they are so rude on the phone.....just keep saying its not their job and email customer care =(
    Determind to make a better life for ME and my children


    Thanks to hangingbyathread for making me include myself in the above xx
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    Seems you got a pretty rotten offer as they are currently advertising 2 hours for £20.

    Having said that their conditions seem pretty miserable too
    http://www.bsm.co.uk/terms-and-conditions

    Number 7 being the worst from your point of view.

    It appears they can provide the service when they say so not when you want it.
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    I'm a bit shaky here, but they haven't actually provided you with the service you wanted so you're trying to break the contract. They can recoup any losses that they incur as a result of you breaking the contract, but they have to make an effort to recoup those losses, i.e. fill this appointment (that's actually yet to happen) with another client. I'd argue that they're not doing this. And hence should refund your money. They might argue an admin fee is appropriate, and maybe that wouldn't be too unreasonable but I think they should give you most of your money back. After all, they've not actually lost anything. Hopefully someone will read your post and give you some advice re. the actual legalities of this.

    And their prices are ridiculous! Over 26 quid for an hour is a rip-off! You can get lessons independently for a tenner!
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • cloverfan
    cloverfan Posts: 635 Forumite
    Thanks Fluff,
    Its just mum,well all of us really, had such a rotten year my Dad passed away suddenly and enexpectedly and i really wanted to treat her to something special.....am absolutely gutted they have turned out so rubbish.......the call centre is saying no to refund and will give her the lesson but the local office is saying they cany because their is no one to do it because she lives in the middle of no where and without dad she is totally stranded hence the need for lessons!!!
    Determind to make a better life for ME and my children


    Thanks to hangingbyathread for making me include myself in the above xx
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    I thought they could provide a lesson, albeit 8 weeks away?

    Are you saying that they can't, at all.

    If the latter is the case then any money should be refunded as they cannot provide a service.
  • cloverfan
    cloverfan Posts: 635 Forumite
    Yes the person in the call centre is saying they can and the local office is saying they cant, as the BSM instructors are self employed not only arethey full atm they also wouldnt want to take mum on because she is so rural it would be another lesson they would have to miss in driving to her! its all round a big mistake but think i might just end up losing my money
    Determind to make a better life for ME and my children


    Thanks to hangingbyathread for making me include myself in the above xx
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    cloverfan wrote: »
    Yes the person in the call centre is saying they can and the local office is saying they cant, as the BSM instructors are self employed not only arethey full atm they also wouldnt want to take mum on because she is so rural it would be another lesson they would have to miss in driving to her! its all round a big mistake but think i might just end up losing my money

    If they are unable to fulfil their part of the contract then you are entitled to your money back.

    Phone up the call centre, and local branch and ask for the head office contact details.
  • I was in a similar position and this is the best advice I can give after much research

    For anyone who has started lessons and wants a refund,
    Check the terms and conditions in the track record

    It says that after 7 days you will not be entitled to a refund on lessons already taken hence any untaken lessons must still be refundable.

    Distance selling regs state that you must be informed verbally at point of sale and confirmed by post within 7 days of full details and terms of the service you have bought,were you?

    If you bought via the site you are effectivly stuffed as the t&cs are on there

    The new owners according to search engine are Abu Shafi and Niko Kesting this must be their decision as Bsm were never like this in the past,ask for them or the appropriate regional manager,the shop managers have no power to make decisions now
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