Driving lesson cancellation

RWinter1993

Hello all,
A few weeks ago I booked a refresher lesson of an hour and a half with a local company as I hadn't driven for a while. However since taking my car out I feel much more confident and have also been asked to cover a work commitment on the day I booked the lesson for, so this morning via email I asked to cancel the prepaid lesson with 48hours notice.

I was then informed they couldn't offer me a refund, when I later after work tried to argue this on the phone I was told it was 'managers policy' when I asked to speak to the manager I was told they were not in and would ring me this evening- they still haven't done so.

No where on their website does it mention a no refund policy for refresher lessons (the only one it seems to briefly mention is the intensive driving course and even the info there is minimal) I cannot find any terms/conditions, and when I signed up via emails at no point was it mentioned the money I paid was non refundable it was just to confirm the slot. Do I have a leg to stand on in regards to getting my money back? They are offering me a changed lesson but I no longer want one full stop (especially considering their conduct) any advice would be appreciated, as a young female I feel like I'm being taken for an easy target :mad:

RWinter1993

Also I do accept that I should have asked for terms before paying but did not anticipate this bring a problem, I have never had an issue with previous instructors.

unholyangel

When you say "a few weeks ago", when exactly did you book? Did they give you any information regarding cancellation rights under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013?

RWinter1993

I enquired about booking on the 6th of July and paid on the 12th so not that long ago really. They gave no information about any cancellation rights at all, would I have any?

Svein_Forkbeard

With only 48 hours notice I doubt it. But then again that might just be commonsense and not etched in tablets of stone.

unholyangel

The CCRs (that I referred to above) give you the right to cancel a contract without liability other than the narrow liability the regulations specifically state.

Part of those regulations is that the retailer needs to provide you with certain information before you are bound by the contract. In addition to this, they need to provide confirmation of that information in a durable medium (email is durable but links to a website that are sent by email are not). Part of this information includes that you will have the right to cancel (or that you wont have the right to cancel/the right to cancel will be lost in certain circumstances).

The normal period for cancellation if they provide that information is 14 days. However, if they fail to provide that information then its 14 days from the time they do provide that information, up to a maximum of 1 year and 14 days.

Ask them for proof they complied with their obligations under the CCRs and remind them that misleading a consumer about their statutory rights can amount to a criminal offence. Send a letter before action if necessary and perhaps ask who their ADR provider is.

DoaM

As this was for a specific event on a specific date/time, would this fall within the exclusions to the cancellation rights?

DCFC79

Would just moving the appointment or would you like a refund now your more confident ?

hollydays

I do think you are being unfair.

Pennywise

Cancelling with 48 hours notice is pretty unreasonable as it give them little opportunity to find a replacement who wants that slot, so it's basically lost money whilst the instructor is sat twiddling his thumbs.

MB69

To me it sounds like you have changed your mind.

I am not sure what kind of work you do , if you work shifts or Mon-Fri?

Assuming that you took the time off for the day of the refresher course, so why has your work asked you to do work for them on that day? Surely you can tell them sorry I have other commitments on that day?

48hrs for a driving lesson is not long at all to cancel and as have been said it is loss revenue for the instructor.

Your right under the 14day also don't apply since you have booked for a certain time and day which falls under the exceptions.

If you genuinley can't make the day, then I suggest you rebook it with them for another day. They have been kind enough to allow you that where they didn't have to in the first place.

And please don't use the 'I am a female driver and ...' card! Not good!