Refund for driving lessons-HELP

pinkshoes

Why did you not take the lessons?

Unless the instructor was at fault for not being available at convenient times, or there was a physical reason you couldn't drive, you don't have any reason for a refund.

frugal_mike

pinkshoes wrote: »

Why did you not take the lessons?

Unless the instructor was at fault for not being available at convenient times, or there was a physical reason you couldn't drive, you don't have any reason for a refund.

OP has breached the contract so the driving company can claim their losses, but if their losses don't equal the total money paid then I think the difference should be given back as unholyangel said.

Marzydee

I simply never got around to booking the lessons which is obviously my fault and as said I'm happy to pay an admin fee but I don't see how this company would be out of pocket by a further £85.
As someone mentioned above I think their terms are unfair and under the Limitations Act I would've thought that technically I could claim a refund anytime within a six year period after the payment & booking was made.

hawk30

Marzydee wrote: »

I simply never got around to booking the lessons which is obviously my fault and as said I'm happy to pay an admin fee but I don't see how this company would be out of pocket by a further £85.
As someone mentioned above I think their terms are unfair and under the Limitations Act I would've thought that technically I could claim a refund anytime within a six year period after the payment & booking was made.

The Limitations Act is about time limits for legal claims, not refunds.

wealdroam

hawk30 wrote: »

The Limitations Act is about time limits for legal claims, [STRIKE]not refunds[/STRIKE].

That's right.

The Limitations Act says that OP has up to six years (in England and Wales) to make a legal claim for the return of her money.

hawk30

wealdroam wrote: »

That's right.

The Limitations Act says that OP has up to six years (in England and Wales) to make a legal claim for the return of her money.

Agree. But that's not exactly what the OP said.

arcon5

Marzydee wrote: »

I simply never got around to booking the lessons which is obviously my fault and as said I'm happy to pay an admin fee but I don't see how this company would be out of pocket by a further £85.
As someone mentioned above I think their terms are unfair and under the Limitations Act I would've thought that technically I could claim a refund anytime within a six year period after the payment & booking was made.

To clarify, the statute of limitations doesn't for example mean you can cancel and claim a refund after 5 years. Statute of limitations would form any part of your claim

BobQ

unholyangel wrote: »

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.

True.

unholyangel wrote: »

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.

Mmmm. Well assuming the contract was clearly explained and accepted (we have no evidence one way or the other), what money is owed? The service was not faulty it was never used. Nobody has broken the contract. The OP paid for the right to have driving lessons during a defined period and did not use that right. The supplier presumably had to employ sufficient staff and vehicles capable of delivering that service at a reasonable notice during that year. The period of a year is hardly unfair of itself and affords plenty of time to book the service. The OP did not give the supplier an opportunity to find an alternative customer in that year.


I do hope that the firm refunds some of his payment or perhaps agrees to extend the contract, but I am not convinced they have behaved unfairly.

unholyangel wrote: »

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

Well he has not stated a valid reason and had their been one (eg that he was medically unfit to drive for a year) I suspect he might have said so!

BobQ

wealdroam wrote: »

That's right.

The Limitations Act says that OP has up to six years (in England and Wales) to make a legal claim for the return of her money.

Limitation Act applies to breaches of contract. What contract has been breached here? OP forgot to use the service, supplier was willing to supply it during the year.


I think that rather than issuing threats of legal action and demanding a refund, the better approach is for OP to write to them explaining that due to some stressing personal situation she delayed booking and did not realise there was a 12 month limitation on doing so. Then ask them to consider extending the contact for a further 6 months for a small fee and see what they say.

unholyangel

BobQ wrote: »

True.




Mmmm. Well assuming the contract was clearly explained and accepted (we have no evidence one way or the other), what money is owed? The service was not faulty it was never used. Nobody has broken the contract. The OP paid for the right to have driving lessons during a defined period and did not use that right. The supplier presumably had to employ sufficient staff and vehicles capable of delivering that service at a reasonable notice during that year. The period of a year is hardly unfair of itself and affords plenty of time to book the service. The OP did not give the supplier an opportunity to find an alternative customer in that year.


I do hope that the firm refunds some of his payment or perhaps agrees to extend the contract, but I am not convinced they have behaved unfairly.




Well he has not stated a valid reason and had their been one (eg that he was medically unfit to drive for a year) I suspect he might have said so!

The lessons being taken within a year is a term of the contract. OP is in breach of that term, therefore there is a breach of contract.

You may want to read up on unfair terms in consumer contract regulations, unfair contract terms act and also OFT's unfair contract terms guidance.

As for hiring instructors....OP didn't book for specific dates. The lessons were likely to be taken subject to availability and arranged between OP and instructor on a mutually agreeable basis.

However, that still doesn't change the fact there is no entitlement to any sum they could save by finding another customer. Given the lessons were never booked, they were never removed from the "market" (so to speak) for the OP and instructor has lost nothing other than some time having to deal with it - hence why an admin fee would be reasonable.