Driving Lesson Refund

bluenoseam

djcreedo wrote: »

How so? I feel he is being difficult about this.

Because you entered a legally binding contract which due to your circumstances you now seek to break, you have no entitlement to anything other than 8 further hours of driving tuition.

I think you need better understanding of your personal finances - keep track of what hours you work & this becomes a non-issue because you'll KNOW what you're going to be paid. In this case the driving instructor has done nothing wrong, you're the one who's made the mistake.

djcreedo

hollydays wrote: »

Your perspective is you need the money, so for that reason he should refund you. What's to say he doesn't need the money more.

I would understand if a month ago I bought them and asked for them now. But it was 3 days after I asked and he said: "If I gave you some of your block payment back, then you'll spend it on other things and then won't have any money for lessons later in the month". Which is a fair point, but he has certainly lost my custom and I won't be booking any additional hours with him.

frugal_mike

Surely this is no different to a situation where a deposit is paid and then the consumer cancels (there is an MSE guide about that). The OP is breaching the contract so the driving instructor is entitled to claim his losses but is not allowed to disproportionately penalize OP by keeping all of the money.

djcreedo

bluenoseam wrote: »

Because you entered a legally binding contract which due to your circumstances you now seek to break, you have no entitlement to anything other than 8 further hours of driving tuition.

I think you need better understanding of your personal finances - keep track of what hours you work & this becomes a non-issue because you'll KNOW what you're going to be paid. In this case the driving instructor has done nothing wrong, you're the one who's made the mistake.

Okay, that's fine - this is what I wanted to know, see where I stood. I've got no other option but to: A) take the lessons with him and find another instructor after, or transfer the hours I'm owed to a new instructor within the same company.

Thanks everybody for your replies.

bluenoseam

What I will say is that I wouldn't expect it to be any different with a new instructor, it might be a franchise, but the instructors no doubt still talk to each other. If you've been nippy or problematic with one, it could mark your card with everyone within the area - just be very wary.

Fosterdog

frugal_mike wrote: »

Surely this is no different to a situation where a deposit is paid and then the consumer cancels (there is an MSE guide about that). The OP is breaching the contract so the driving instructor is entitled to claim his losses but is not allowed to disproportionately penalize OP by keeping all of the money.

It is completely different, this want a deposit paid but the full amount for a service, that being ten hours of lessons. OP has already said that this is a special price for a block booking so by using two hours of the service has fully committed to the contract.

frugal_mike

Fosterdog wrote: »

It is completely different, this want a deposit paid but the full amount for a service, that being ten hours of lessons. OP has already said that this is a special price for a block booking so by using two hours of the service has fully committed to the contract.

Well I missed the fact that 2 hours had been used which changes things, but even so the price includes costs to the instructor which would no longer be incurred. I don't see it as totally different to a deposit at all.

unholyangel

Fosterdog wrote: »

It is completely different, this want a deposit paid but the full amount for a service, that being ten hours of lessons. OP has already said that this is a special price for a block booking so by using two hours of the service has fully committed to the contract.

The payment in question here wasnt a deposit. However the law relates to prepayments, not deposits (and of course a deposit is a prepayment).

4.3 Where customers cancel without any such justification, and the supplier
suffers loss as a result, they cannot expect a full refund of all
prepayments. But a term under which they always lose everything they
have paid in advance, regardless of the amount of any costs and losses caused by the cancellation, is at clear risk of being considered an unfair
penalty – see Group 5.

5.6 Cancellation penalties and charges. A term which says, or is calculated to
suggest, that inflated sums could be claimed if the consumer cancels the
contract is likely to be challenged as unfair. For example, a penalty for
wrongful cancellation that requires payment of the whole contract price, or
a large part of it,20 is likely to be unfair if in some cases the supplier could
reasonably reduce ('mitigate') his loss. If, for example, he could find
another customer, the law would allow him to claim no more than the likely
costs of doing so, together with any difference between the original price
and the re-sale price

hollydays

djcreedo wrote: »

I would understand if a month ago I bought them and asked for them now. But it was 3 days after I asked and he said: "If I gave you some of your block payment back, then you'll spend it on other things and then won't have any money for lessons later in the month". Which is a fair point, but he has certainly lost my custom and I won't be booking any additional hours with him.

The length of time is irrelevant.
You do not hand money over to a business, then demand it back, for future reference.

pmduk

djcreedo wrote: »

But it doesn't say anywhere in the terms and conditions about refunds on block bookings? Sorry, I'm completely un-knowledgeable in this area. I thought I would be able to get my money back if I wished to do so.

If your contract doesn't mention refunds, why assume they're available?