Driving Lessons Refund?

HeatherH

Ok so as expected, he's sent me his terms and conditions,
http://i74.photobucket.com/albums/i269/SCUZZIEMOO/scan0001.jpg
and they do cover him, but now I've got to find out if he can actually in force these. As in, do I have to prove I didn't receive them, or does he have to prove that I did?

PZH

HeatherH wrote: »

Paperwork I don't mind... dealing with mean people... I do mind!

Issue the Letter Before Action and keep to the facts. Try to remain factual rather than emotional - as at this stage it is down to black and white. You paid for lessons that you haven't had, so you want a refund of monies owed. The T&C's you agreed with are very clearly different to the ones he has just sent you...

HeatherH wrote:

...do I have to prove I didn't receive them, or does he have to prove that I did?

I would argue that you were never issued with the updated Terms and if it does go to court ask him to show at least proof of posting ( As they are very clearly NOT available on the website ).

And, if he DID actually change the T&C's would he also have to prove that he gave you the option of taking the remaining lessons or getting a refund if you did not agree to any new T&C's ??

I do think though, as previously stated on this thread, that he will actually settle before it reaches court - but be prepared to follow it through.

Morty_007

tamarto wrote: »

Would like to poont out that the CAB is a free service, they don't ever charge.:)

D'oh! *slaps forehead* makes perfect sense. Now you say it, of course it is! I truely DO have baby brain thanks to a 21 week foetus (baby!!) I think I was getting confused with the free half hour that most (some/ all!?!) solicitors offer.

OP I really hope you get this guy. I don't like him and I never even met him!! I'll be here for the moral support if you get totally fed up!!

pinkshoes

Normally you have to sign saying you've read the T&Cs, so ask him for a copy of the documentation you signed agreeing to these T&Cs.

The T&Cs sound all too convenient, as if he's just typed them! I certainly wouldn't sign up to T&Cs like that!

Morty_007

meant to say the other day....LMFAO @ the company name!! :eek:

Oh and agree with Pinkshoes about the T&C's ...He has changed those and probably created them to suit, in my opinion! They are brief enough to put on the back of the card you posted earlier and again In my opinion, some of those are more important than others to BE on the back of that card. i.e - the non- refund ones! Them NOT being there might almost be perceived as an attempt to deceive. :cool:

Sambucus_Nigra

And look in your trash for your deleted email.

loztiggy

OP, you could ask the instructor if he would mind, for evidential purposes, right clicking on the icon of the word document that contains the terms and conditions, going to properties, and then screenshotting.

This will show you when the file was last modified. It wont show you what was modified but may be evidence enough that they werent what you agreed to if they are dated anytime after the date you bought the lessons

olbas_oil

loztiggy wrote: »

OP, you could ask the instructor if he would mind, for evidential purposes, right clicking on the icon of the word document that contains the terms and conditions, going to properties, and then screenshotting.

This will show you when the file was last modified. It wont show you what was modified but may be evidence enough that they werent what you agreed to if they are dated anytime after the date you bought the lessons

... because its not very good evidence. Try googling 'date stamp file' and you'll come up with several utilities that would change the date. Or it would be trivial to change the date on the screenshot with a graphics program.

HeatherH

olbas_oil wrote: »

... because its not very good evidence. Try googling 'date stamp file' and you'll come up with several utilities that would change the date. Or it would be trivial to change the date on the screenshot with a graphics program.

As much as this is useful info, it puts too much reliability on my old intructor to have effort. Which I don't think he has any intention of lol