Refund for driving lessons-HELP

Marzydee

Hi all,
Really need some help.
Briefly, I purchased a block of 5 driving lessons last October & paid via paypal. Due to unforeseen circumstances I have never got around to booking them so a couple of days ago I contacted the company & asked for a refund, acknowledging there would be an admin fee of £10 to pay. I was very surprised to subsequently have been informed I am not entitled to any refund. Apparently on the Terms of Business on the website it states:
"All credited driving lessons must be used by you within 1 year".
I have tried to argue this is unfair, advised I will contact the OFT etc to no avail. The attitude I have met with has been totally inflexible & I am constantly referred back to the TOB's. I am now at the stage where I have advised I will be sending a letter before action. Just wondering if anyone can help. Is it worth pursuing?
I can't believe this company are able to keep my money for what essentially equates to nothing.

Hintza

Sounds as if their terms are quite clear. Your only argument could be that you view them as unfair. Not sure a court a would agree with you.

ThumbRemote

Did you, at any point, agree to the terms of business on their website?If you booked the lessons online and ticked the box to say you agreed, then there's not much that can be done.

spacey2012

A court would most likely find any term that places the consumer at a disadvantage unfair.
I would issue them a letter before county court Action for the full amount.

InsideInsurance

spacey2012 wrote: »

A court would most likely find any term that places the consumer at a disadvantage unfair.
I would issue them a letter before county court Action for the full amount.

Then why do gift vouchers etc still typically have an expiry date if its such a clear cut case that they should have indefinite expiry? Of cause driving lessons are even more contentious because its not just £100 credit thats being held but a guarantee of 5 lessons which obviously in 20 years time would cost a lot more than £100

To the OP - there is a potential argument on unfair terms but I am not convinced that its anywhere close to a clear cut case. But like Spacey2012 I am not a legal expert and you may want to get a professional opinion before throwing good money after bad

Marzydee

spacey2012 wrote: »

A court would most likely find any term that places the consumer at a disadvantage unfair.
I would issue them a letter before county court Action for the full amount.

Is there a template for this type of letter or would I need to instruct a solicitor to draught something?

wealdroam

Marzydee wrote: »

Is there a template for this type of letter or would I need to instruct a solicitor to draught something?

Letter Before Action sample here:

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

You will need to adjust the text to suit your situation.

Google Letter Before Action for more samples.

bris

Any action will fail, the contract has been rescinded by you not them so your rights are to get back the petrol costs at most.

The terms are not unfair the instructor can't sit about forever waiting for you to take the lessons.

tinkerbell28

The LBA maybe enough for you to get a refund. I'm not sure if you went to court they would rule in your favour however...

BobQ

I cannot see how this is unfair. The contract was for one year and you have no valid reason for not complying with it. How long is it reasonable to expect a business to await your booking them? If the one year has no force in law surely we could all invest in driving lessons for our babies.


Good luck with your letter, but I cannot see you have been treated unfairly. The analogy with a gift card is quite reasonable.

unholyangel

BobQ wrote: »

I cannot see how this is unfair. The contract was for one year and you have no valid reason for not complying with it. How long is it reasonable to expect a business to await your booking them? If the one year has no force in law surely we could all invest in driving lessons for our babies.


Good luck with your letter, but I cannot see you have been treated unfairly. The analogy with a gift card is quite reasonable.

You are confusing matters. A 1 year clause is fine if it is used to limit the suppliers obligations in providing the service. That is to say, its "fair" for them not to have to provide 5 lessons 5 years later.

However, that does not necessarily mean there is no money owed to the customer. The Limitations Act states you have 6 years to take legal action for money owed.

In the event of a breach of contract, the innocent party is entitled to their losses reasonably incurred as a direct result of the breach. There is no entitlement to any sum which could be reasonable saved - by finding another customer for example. In these circumstances I would expect an admin fee to be deducted.

As for OP having "no valid reason" not to comply, I wasn't aware you're psychic. Have you won the lotto yet?