Red Driving school 'company policy' theft

AmyHadley

Problem has been resolved thank you for all your advice.

InsideInsurance

AmyHadley wrote: »

It also seems somewhat mischievous that the only way you can access the terms and condition is by using their website, and right at the beginning it states that just by using their website you agree to these terms.

Is that the only way? As in you contacted them beforehand and asked for a copy of the terms before paying and they refused? Didnt that ring alarm bells?

Or are you really saying you made no enquiries about the details of the contract you are entering into?

What was the reason for only having 16 hours of lessons in the initial period? Is it this driving instructor you were talking to that said you could fit the 40 in or a call centre?

AmyHadley

InsideInsurance wrote: »

Is that the only way? As in you contacted them beforehand and asked for a copy of the terms before paying and they refused? Didnt that ring alarm bells?

Or are you really saying you made no enquiries about the details of the contract you are entering into?

What was the reason for only having 16 hours of lessons in the initial period? Is it this driving instructor you were talking to that said you could fit the 40 in or a call centre?

When I phoned up to enquire and purchase the driving lessons, they gave me the run through of the terms and conditions you would expect, i.e. you have to leave 48 hours before cancelling a driving lesson, if you pass you driving test with funds remaining you are refunded whats left etc. What reason would I have to demand the terms and conditions when she's just given them to me. I have received nothing in writing from Red, nor have I signed a contract. It was a verbal agreement made on the basis of what she said, the terms she informed me of were agreeable, giving me no reason to make enquires about something I had not been informed of. So I suppose 'alarm bells should have rung', but If you've never experienced anything like this before you tend to be somewhat trusting.

The reason why I couldn't do more lessons is because the instructor obviously had other students and I booked lessons as often as was possible. It was the phone operator I bought the lessons with, but If you are selling a service, it would be beneficial to the consumer to provide realistic information regarding the service you are providing. For instance if I am purchasing lessons in an area where there is only one instructor available for a number of students, it might have benefitted me to know that I was going to get the service she talked me into.

Le_Kirk

See this link to the Motoring forum, someone else has run into the same issue as you.
https://forums.moneysavingexpert.com/discussion/5267474

unholyangel

AmyHadley wrote: »

When I phoned up to enquire and purchase the driving lessons, they gave me the run through of the terms and conditions you would expect, i.e. you have to leave 48 hours before cancelling a driving lesson, if you pass you driving test with funds remaining you are refunded whats left etc. What reason would I have to demand the terms and conditions when she's just given them to me. I have received nothing in writing from Red, nor have I signed a contract. It was a verbal agreement made on the basis of what she said, the terms she informed me of were agreeable, giving me no reason to make enquires about something I had not been informed of. So I suppose 'alarm bells should have rung', but If you've never experienced anything like this before you tend to be somewhat trusting.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

9.1 Terms which have the effect of making consumers agree to accept
obligations of which they can have no knowledge at the time of contracting
are open to serious objection. It is a fundamental requirement of contractual
fairness that consumers should always have an opportunity to read and
understand terms before becoming bound by them (see Part IV).

9.2 It is not 'hidden terms' themselves that are indicated to be unfair, but any
term which binds the consumer to accept or comply with them – or, in
legal jargon, 'incorporates' them 'by reference'. However, terms of whose
existence and content the consumer has no adequate notice at the time of
entering the contract may not be binding under the general law, in any case, especially if they are onerous in character.

However if they gave you a copy of the T&C's and a cooling off period in which you could cancel and get a full refund, then this might make it "fair". But essentially, you can only be bound by terms you had reasonable opportunity to become acquainted with prior to the contract being binding on you.

In they did provide a copy & cooling off period, you'd have to argue that you were mis-sold (presuming you told them you were going back to uni and wouldnt be able to take lessons during that time).

AmyHadley

Thank you so much, this is extremely helpful information!