Claiming driving instructor course money back

Tina197

Hiya,

I hope someone can help me.

Back in May I enrolled onto a driving instructor course online with a seemingly legit company. After months of them taking ages to do anything and me failing the first exam twice I decided that this wasnt for me anymore and requested a refund in writing in Sept docking off the appropriate fee's for tests etc.
After many chasing phone calls and getting fobbed off I sent a letter yesterday (a month after the first) logging all the contact I had made with them and no-one speaking to me. I said that if I dont hear from them in seven days or get my money back I'll forward the matter onto a small claims court.
They must of sent a letter at exactly the same time as I receive one from them today refusing me my £2000 back as it was a 14day free trial after that no refund is given. It took a month to be told that.

I didnt do any part of the course, I met the instructor once, so how can they keep the money?

Do I have a chance at court to claim this back?
Will they read my letter today and ignore it as they might see the one they sent me today is part of the seven day contact?

Thanks in advance for any response

Tina

dmg24

Hi Tina,

Welcome to MSE.

When you signed up to the course, what did the terms and conditions say about refunds? If it said that refunds were only available within the first fourteen days, then in order to get any money back, you would need to prove that the company were in breach of contract.

Tina197

What kind of breache? Time scales etc?
sorry abit thick with this and frustrated after receiving that letter.

Thankyou for the welcome

dmg24

Tina197 wrote: »

What kind of breache? Time scales etc?
sorry abit thick with this and frustrated after receiving that letter.

Thankyou for the welcome

A breach is where they have not adherred to their part of the agreement, and it has to be something quite fundamental for you to get out of the contract e.g. they are refusing to provide you with tuition, or continually cancelling appointments.

Often, a letter threatening legal action can prompt a company to make a refund, as they do not want to incur the costs of legal action. Give them a reasonable time period to respond, and then, if you do think that they have breached the contract, issue court proceedings through Money Claim Online.

Anything else, feel free to ask! x

moneysaver

Whats the name of the company please?

Tina197

I wasn't sure whether I was allowed to post the company name but I guess it must be.

It's Surepass.

custardy

the problem is you deciding its not for you isnt a valid reason for a refund.
what do you feel they didnt do that entitles you to the refund?

Tina197

Well the slow time it took them to do anything really was frustrating, initially sending the course out, meeting my instructor, all took ages.

moneysaver

How soon after joining the course did you recieve the part 1 study material?

Tina197

Well I checked all the dates when things happened with Surepass, they didn't send me my study material within the quoted time scale, that took up some of the 14day trial, then the first week of enrollment my paperwork was suppoe to be done and I was supposed to of met my instructor. He didn't contact me until weeks later.
Then he was suppose to book my test for me, weeks later again- no word.
I phoned Surepass and they knew nothing about it, they had to booked my test for me.
So they didn't really keep to the time scales they quote on their web-site.

I've wrote to them with this info and all time scales etc.

I await a response though it took a month to get the last one.

hollie.weimeraner

Tina197 wrote: »

Hiya,

After months of them taking ages to do anything and me failing the first exam twice.

I didnt do any part of the course, I met the instructor once, so how can they keep the money?

Do I have a chance at court to claim this back?

Tina

How can you say you did not do any of the course when you have failed the part 1 exam twice? If they provided you with the necessary study material they appear to have met their initial obligation.

I do sympathise with you because I know how these companies operate and you will have been promised untold riches once you part with your money and pass the 3 parts of the course. You have been sucked in by the promise of £30,000 per year earnings which unfortunately is untrue. I cannot see that you have any recourse via the court system.