Refund driving lessons.

HelpAguyOut

Hi all I need some legal advise with a situation I'm having.

I bought and intense driving course (10 lessons and a test) in hope that I can pass my test by the end of the month before I move. I payed ~£330 for this. I made it clear on the website and even rang up the following day to tell them that I wanted it booked this before the end of the month as I would not be available. Later in the day they took the money and booked the test for 3 months away which I can not attend, I rang up a few times and asked for a refund which they kept avoiding saying they have to speak to the manager. Rang up today demanded to speak to the manger as I had the feeling they were purposefully dodging the question, although I did not speak to the 'manager' I got passed on to a woman who said they do not make refunds and it was in the T&C and that she'd get the manager to ring in 48 hours.


The T&C state :

In the Intensive Driving Course section it only says if I cancel/change the test (which I'm assuming it means i change it on the government website) is it non refundable and if im drunk or drugged. Hence I'm assuming they're referring to the "Learner Driver Tuition – Refund Policy" section. Which states

"All payments are non refundable, If You fail to complete your block booking within 6 months from the date of making the booking, any remaining hours will be lost.
We may request additional information from you to confirm your identity in order to comply with the Money Laundering Regulations 2007; we will also use this information to ensure adherence to Our Merchant Operating Instructions for card collection facilities."

Is this legal, do lessons not fall within Consumer Rights Act ? Do I have any case to take this to a small claims court? Or have I just lost £330, with hindsight I realise I was stupid to pay upfront to start with but I presumed since the company was big I wouldn't have problems.

Thanks

bod1467

Do you have confirmation in writing (either by email response from the website, or a screen grab of the form you completed) making it clear that Time Is Of The Essence (i.e. the date by which the contract must be complete)?

If yes then their failure to provide the service within that period is a breach of contract. How did you pay? Debit or credit card?

If no then it's your word against theirs.

Shaka_Zulu

You can't make something like that clear on the website, surely you should have called to discuss your requirements with them which you then ask for confirmation in writing before parting with the cash.

Sounds like poor communication.

HelpAguyOut

bod1467 wrote: »

Do you have confirmation in writing (either by email response from the website, or a screen grab of the form you completed) making it clear that Time Is Of The Essence (i.e. the date by which the contract must be complete)?

If yes then their failure to provide the service within that period is a breach of contract. How did you pay? Debit or credit card?

If no then it's your word against theirs.

I wrote within their website for the availability before they actually booked the test (which is when they take the money out) and I have a screenshot of it (cant post links cause I'm new to the site). It says in the Availability box "Early July not available 13th July and after 30th of July." and in the Preferred Test Date box "Soon as possible would like to complete within a week - cant do 13th July." In the past two phone calls they confirmed they made note of this and refereed to it when discussing my situation, so they definitely knew of it.

Also Debit card I don't have a Credit card.

unholyangel

As above, its better if you have something to evidence the deadline but even if you don't, i'd start now by putting it in writing to them (even email) detailing as much as possible. ie you spoke to their rep susan (for example) on x date around x time and made clear your deadline requirements. You were assured it wouldnt be a problem and entered into the contract on that basis. They are now seeking to alter the terms of the contract unilaterally and are in breach of contract and also possibly unfair terms in consumer contract regulations and the consumer protection from unfair trading regulations. Therefore, you are requesting a full refund of all monies paid free from any penalty or charge.

Depending how they respond to that, your next step would be a letter before action.

unholyangel

HelpAguyOut wrote: »

I wrote within their website for the availability before they actually booked the test (which is when they take the money out) and I have a screenshot of it (cant post links cause I'm new to the site). It says in the Availability box "Early July not available 13th July and after 30th of July." and in the Preferred Test Date box "Soon as possible would like to complete within a week - cant do 13th July." In the past two phone calls they confirmed they made note of this and refereed to it when discussing my situation, so they definitely knew of it.

Also Debit card I don't have a Credit card.

Break the link up with a few spaces.

HelpAguyOut

unholyangel wrote: »

Break the link up with a few spaces.

https:// imgur.com/CGgs2VD

Problem is though you can update this section online whenever you want (although I haven't done it since the money went out of my account).

glentoran99

unholyangel

HelpAguyOut wrote: »

https:// imgur.com/CGgs2VD

Problem is though you can update this section online whenever you want (although I haven't done it since the money went out of my account).

Write to them as I suggested and include that you also made them aware of your availability at the time of ordering as evidenced by your attachment (include the screenshot). If they want to dispute when you updated it, they can show evidence to the contrary such as a log of changes made by you afterwards, a back up of the website showing the request wasnt there until the service had already started etc. But then you could argue that under CCRs, they're not supposed to begin provision of the service without your consent before the cooling off period has ended (at least I cant think of any provision that would mean driving lessons arent covered by those regulations).

If this had to go to court it would go on the balance of probability - it shouldn't get to court imo, your bank might be able to do a chargeback for services not provided as agreed given you seem to have reasonable evidence time was of the essence (i say might as chargeback isnt as good as section 75 protection from a credit card) but you can also appeal to ombudsman so 2 free possible avenues that wont cost you a penny before you even have to consider legal action.

baza52

do you realise a test cannot be booked with such short notice?
Have you also passed your theory test?

HelpAguyOut

unholyangel wrote: »

Write to them as I suggested and include that you also made them aware of your availability at the time of ordering as evidenced by your attachment (include the screenshot). If they want to dispute when you updated it, they can show evidence to the contrary such as a log of changes made by you afterwards, a back up of the website showing the request wasnt there until the service had already started etc. But then you could argue that under CCRs, they're not supposed to begin provision of the service without your consent before the cooling off period has ended (at least I cant think of any provision that would mean driving lessons arent covered by those regulations).

If this had to go to court it would go on the balance of probability - it shouldn't get to court imo, your bank might be able to do a chargeback for services not provided as agreed given you seem to have reasonable evidence time was of the essence (i say might as chargeback isnt as good as section 75 protection from a credit card) but you can also appeal to ombudsman so 2 free possible avenues that wont cost you a penny before you even have to consider legal action.

Thank you

baza52 wrote: »

do you realise a test cannot be booked with such short notice?
Have you also passed your theory test?

No I did not, I thought the end of the month would have been ok and yes I have (passed it twice).