"Cheque's in the post..."

susieseventyseven

Hi folks, thank you for taking the time to check this out.

Back in October I signed up for a 20hour intensive driving course, paying a £225 deposit to a booking company and the balance of £400 direct to the instructor. I booked dates with the instructor for weekends (due to work and child care reasons) with a provisional test date for one month after I started with him. By the time that date came round I had had just 5hours of tuition due to his repeated cancellations- (often at less than 24 hours notice).

After contacting the booking company, they investigated, found in my favour and refunded me the full deposit (including the £2.50 charge it had cost me to make an online payment). I am still however waiting on the instructor to return the rest of my money. Any time I contact him, it's always something on the lines of "my apologies/our fault; money will be in your account by tomorrow/end of the week". Including the most recent contact when I informed him that if not paid by the end of the month then I would be pursuing legal action. Thank goodness I wasn't holding my breath.

I'm guessing that a small claims is the way to go, I just wondered if anyone had any advice for me? Also wondered if the fact that I'm in Scotland and he's based in England would make any difference?

Thanks for your time x

bod1467

As he's based in England I'm presuming English law will apply to the contract. As such you should be able to use MCOL (Money Claim Online) to raise the claim; the only issue would be any hearing would likely need to be in an English court.

wealdroam

How did you pay that £400 to the instructor? By card I hope.

If so, consider a section 75 claim or a chargeback.

susieseventyseven

I paid via BACS...

agrinnall

Then bod's advice in post #2 is your answer. Not relevant to your question but I presume you must live very close to the border to make it worth having lessons from an England-based instructor?

LadyDee

I should get that claim in ASAP - you've virtually no chance of getting anything back through the Bank if you paid via BACS. Sounds as though he could be having money problems and being paid up front, your £400 has probably been spent.

forgotmyname

Why would you pay a booking company instead of an instructor directly?

Whilst learning I had to cancel a couple and he did the same, swings and roundabouts.
Paying a 3rd party though?