My rights to a refund

MurrayG

Hi all.

I am in a bit of turmoil here.

Months ago I looked into buying a folding camper for our family holidays. I wasn't sure about my driving licence restrictions as I only have a Full UK Licence and I passed in 2007. So I made some phone calls. My local driving centre said I would need to take a B + E but this isn't what I had read online so I decided the best people to call were the DVLA. They told me that I was fine to tow a trailer upto 750kg with a MAM of 4250kg. If the trailer was over 750kg then my MAM would be reduced to 3500kg. Fine, so I bought the folding camper which weights 1000kg. A friend of mine questioned me about it a few weeks ago which prompted me to call the DVLA again.

This time the DVLA told me that I had a provisional entitlement for towing a trailer heavier than 750kg so I would need a towing licence holder in the car with me. I called my local driver training centre and again they told me that I would need to get category B + E.

Please bear in mind that I had told all of them my car is a Mitsubishi Outlander which weights 1800kg unladen and the trailer is 1000kg. Combined MAM of 2.8 tonne.

So based on the fact that the driver training centre told me that I would need it, I booked it.

Still worried that I am wasting my money, £520 to be precise, I phoned the police to ask them what I am allowed to tow on my current licence. They agreed with the first person I spoke to at the DVLA and the .gov website That I am allowed to tow my trailer with my existing licence.

So because of that I phoned to cancel and request a refund. The company told me they do not give refunds but it is up to me if I turn up or not for the course.

Here are the relevant facts:

• I was given wrong information by the training centre which led to me booking the course,
• I booked the course over the phone and paid in full upfront with a credit card,
• I booked the course on the 12th April and requested to cancel on the 24th,
• The Terms and Conditions do state no refunds,
• The course date is on the 2nd May.

Where do I stand? Can I get my money back

unholyangel

The following .gov page seems to indicate you should get a refund providing you give at least 3 working days notice:
https://www.gov.uk/change-driving-test

Cancel your test. You’ll get a full refund if you give at least 3 clear working days’ notice.

[Deleted User]

unholyangel wrote: »

The following .gov page seems to indicate you should get a refund providing you give at least 3 working days notice:
https://www.gov.uk/change-driving-test

That's a link to the basic driving test.
The OP states that he/she has booked a day-long course with (I assume) a private company.

MurrayG wrote: »

The company told me they do not give refunds but it is up to me if I turn up or not for the course.

It doesn't sound like you'll get your money back..

MH1927

Are you sure about your MAM?

Lightest MAM on an Outlander is 2260Kg, is the 1000kg Trailer the plated MAM or the physical weight?

If there is no plated MAM you look at the load rating on the tyres and multiply by the number of tyres to get the MAM.

Are all the wheels on the Trailer independently braked (Not just a parking brake)? If the Trailer doesn't have a braking system that operates in conjunction with the towing vehicles brakes the weight limit remains 750Kg.

DoaM

Cancellation rights under the CCRs are limited when the item in question is an event or service that is planned for a specific date.

So what you need to focus on is the mis-selling angle ... they misinformed you that you needed those specific licence requirements. (Assuming what you've told us is accurate). You could send them a Letter Before Action for a full refund of monies paid due to their mis-selling, followed up by small claims action (MCOL) if they don't.

OR ... as you paid by credit card, you could raise a Section 75 claim.

[Deleted User]

DoaM wrote: »

So what you need to focus on is the mis-selling angle ... they misinformed you that you needed those specific licence requirements.

Depends whether the Company running the course also gave the OP the information he claims the DVLA gave him..

Doesn't appear to be cut-and-dried either way.

MurrayG

Hi All,

I have spoken to a solicitor who has advised me that the contract is void due to the misrepresentation of facts and thus a full refund should be issued. If they continue to contest then the next step is CCJ.

The Kerb weight of the Outlander is 1845kg, trust me, I've checked lots! Everything is legit, Just need to get my money back.

MurrayG

Just had an email back.

Driver training centre offered me a part refund (less test fees because he cant reclaim them) as a gesture of good will.

I contact the DVLA who said that as it is more than 3 working days before the test they can cancel with full refund.

So I phoned the training centre and told him that I know the facts and I got a full refund.

Case resolved! Thanks for all your advice guys!

wealdroam

MurrayG wrote: »

Hi All,

I have spoken to a solicitor...

MurrayG, why did you start this thread?

MurrayG

Same reason as all other threads on here I think?

To get advice from people and also others may find themselves in the same situation so they might come across this thread and find a solution for their problem?

MH1927

Yes but the MAM is at least 2200kg.

Combined MAM = Vehicle MAM + Trailer MAM

Kerb weight is only used to calculate the 85% capacity value and can't exceed the combined MAM or 750Kg for an unbraked trailer as the lowest value is the legal max.