HGV driving instructor complaint

pauline12

It is a really long story; I would try to make it as short as possible. I booked my HGV training for C and C+E licence. So I paid this company, let’s call it company A and they were liaising with a training school (let’s call it company that actually provided the training and the driving instructors. After the 1st series of trainings, I complained about my instructor because he was smoking in the lorry, he was using his phone and he was shouting at me. I complained to someone at company A, since they are the ones I paid for the service. The lady on the phone apologised and she offered to assign me a different instructor however I had to pay another £250 to book the day and I agreed.

On the day of the training, the person coming out of the lorry was the same instructor I complained about. I was obviously discontent; however I went ahead with the training so I don’t lose my £250 paid for that day. I passed and I got my C driving licence. I decided that I don’t want to continue with C+E and I requested a partial refund of my remaining money that should have been used for C+E licence.

Company A is denying a refund saying that company B has made an investigation and they came to the conclusion that they have done nothing wrong. I have quoted the smoke free law, the road traffic act and the supply goods and services act 1982.

Any advice on what are my options to get my remaining money back?

Thank you.

bod1467

An HGV cabin is a place of work ... thus smoking regulations are applicable. Do you have any evidence to support your claim?

pauline12

Unfortunately I don't have any evidence. Not sure how can I get such evidence. The only evidence I have is the phone conversation with the lady from company A, she confirmed that she has spoken with the instructor and apologised, therefore confirming that he has smoked.

Herzlos

Did he smoke on the 2nd lesson? Or had he apologised and changed his behaviour?

pauline12

He didn't smoke on our last day of training (which was just after my complaint) and he didn't apologised to me. Not sure if that would help, I have received an awful service and all I am asking for is the partial refund of the money that haven't been used yet for the C+E licence.

Car_54

It seems to me that while you had a valid complaint about the smoking, you haven't suffered any loss as a result (you passed). You've had an apology.

The refund for the unused training is an entirely separate matter, and would depend on the terms of your contract.

pauline12

This is were it gets complicated. I have not received the T&C, they have "nicely" attached them to an email after I complained. Also I don't have a contract, it was a verbal contract and the only proof I have is the receipt of the payment. Is there really nothing I can do to get my remaining money back?

Car_54

pauline12 wrote: »

This is were it gets complicated. I have not received the T&C, they have "nicely" attached them to an email after I complained. Also I don't have a contract, it was a verbal contract and the only proof I have is the receipt of the payment. Is there really nothing I can do to get my remaining money back?

You have a contract, albeit not in writing.

What does the receipt say you paid for?

What do the Ts & Cs say about refunds (if anything)? Or about complaints/disputes?

pauline12

Yes, I agree about the contract.

The receipt says I paid for all training classes, C and C+E.

"Cancellation and refund policy:

- If the Trainee Driver has successfully completed the category C portion of a Back-to-Back package the C+E course must be booked within 3 months of passing the category C course: pursuant to clause 4(j) this therefore extends a Trainee Driver’s overall contractual period to 9 months and if the C+E course has not been booked within 9 months of initial transaction the C+E course will become null and void with no refund owed. In such instances the Trainee Driver may pay an extension fee allowing them to attend the C+E course."

I apologise for the long reply.

My point in all this matter is that the issue is not about me cancelling the course or not, it's about them not offering the service I paid for. I complained and requested another instructor, however they obviously ignored me and lied to me and assigned the same instructor with my training.
I am sure the law is above their T&C, their service was awful so I don;t want to be forced to do business with them, I want my remaining money back so I can continue with my licence at another company.

Thank you all for the replies so far.

Spicy_McHaggis

pauline12 wrote: »

Yes, I agree about the contract.

The receipt says I paid for all training classes, C and C+E.

"Cancellation and refund policy:

- If the Trainee Driver has successfully completed the category C portion of a Back-to-Back package the C+E course must be booked within 3 months of passing the category C course: pursuant to clause 4(j) this therefore extends a Trainee Driver’s overall contractual period to 9 months and if the C+E course has not been booked within 9 months of initial transaction the C+E course will become null and void with no refund owed. In such instances the Trainee Driver may pay an extension fee allowing them to attend the C+E course."

I apologise for the long reply.

My point in all this matter is that the issue is not about me cancelling the course or not, it's about them not offering the service I paid for. I complained and requested another instructor, however they obviously ignored me and lied to me and assigned the same instructor with my training.
I am sure the law is above their T&C, their service was awful so I don;t want to be forced to do business with them, I want my remaining money back so I can continue with my licence at another company.

Thank you all for the replies so far.

No, you booked a course without a specified instructor, they provided training and you passed. So what didn't you get?

Herzlos

You did get the service you paid for though; the training requested without the smoke.

You'd need to convince company A that not getting a new instructor counts as not getting what you paid for. Have you lodged an official complaint with them?

I think by this stage you're best accepting that you can't control the choice of instructor (who obviously did well enough for you to pass) and just get on with the course. You'll waste a lot of time and money getting a (probably partial) refund to then have to start again with someone else.