Bill Plant refusing refund

Hannah_m73

I’m writing regarding an issue I’m having with Bill Plant Driving school. I signed a contract in November 2020 to complete their intensive driving school course and paid £995 in total. Unfortunately initially due to Covid we were unable to complete the training. Now the training is back up and running but I am unable to book a test due to long delays and backlog – it does not look as though my part 2 (of 3) will be able to be booked before Christmas in my area.

 I emailed Bill Plant advising this and as a result will be unable to complete the training and therefore require a refund. (The training is only provided within a year period). They have refused to provide a refund. I advised that as a consumer I was in my rights to have a refund due to the change in circumstances. They responded stating that as per the contract I am not a consumer but rather a business.

 Having reviewed the contract I’m shocked that it provides literally no opportunity for a refund. I don’t believe this is fair and have been emailing them back and forth but they are refusing to budge. They have offered an extension for me to take the training but without being able to book a test I cannot undertake the training. I have also just found out I am pregnant and due in February 2022 my life is therefore changing and I no longer am able to pursue a career as a driving instructor and I need to save every penny available. I have asked for a refund on medical grounds and they failed to respond to this.  

 Basically Bill Plant have drafted a contract that enables them to take people’s money for no reason at all. They are not providing a service because I am unable to book a test, they are not hindered in any way, nor am I stopping them providing my training to anyone else. They have not lost out in any way, just myself.

 Looking back I shouldn’t have signed such a bogus contract but I was unable to foresee what was to come. Can anyone provide any help or assistance? i'm considering issuing a claim in the small claims court. From a simple google search a can see that they have done this over and over again to numerous people and feel that this is really unjust.

 

Any help would be appreciated!

[Deleted User]

Their stance seems reasonable. They're still able and willing to provide you with the training and the availability of driving tests isn't their responsibility.

You have the secondary issue of whether you are a business or not, but fundamentally, they appear to be in the right. The contract certainly doesn't appear to be 'bogus' from your description of events and neither noes it allow them to take money for no reason at all.

Hannah_m73

Deleted_User said:

Their stance seems reasonable. They're still able and willing to provide you with the training and the availability of driving tests isn't their responsibility.

You have the secondary issue of whether you are a business or not, but fundamentally, they appear to be in the right. The contract certainly doesn't appear to be 'bogus' from your description of events and neither noes it allow them to take money for no reason at all.

Why is there stance reasonable? I'm simply asking for a refund of training i'm not able to complete. The training is contingent on me being able to pass the tests of which there is no availability. They are able to provide this training to anyone else - they have not lost out. Why do they get to keep my money for not providing anything?

neilmcl

Can you clarify exactly what type of course this is? Are you learning to drive or are you taking a course to become a driving instructor?

If it's the latter then it's a B2B contract and therefore consumer rights don't apply. Also they've offered training extensions, it's not their fault that you're choosing a different path now.

Also, I don't see anywhere that their courses are contingent in you being able to take a test at the end of it, in fact quite the opposite.

https://www.billplant.co.uk/driving-instructor-training/intensive-instructor-training/

[Deleted User]

Hannah_m73 said:

Deleted_User said:

Their stance seems reasonable. They're still able and willing to provide you with the training and the availability of driving tests isn't their responsibility.

You have the secondary issue of whether you are a business or not, but fundamentally, they appear to be in the right. The contract certainly doesn't appear to be 'bogus' from your description of events and neither noes it allow them to take money for no reason at all.

Why is there stance reasonable? I

Because you asked them to provide you with training, which they are willing to do.

They're only keeping your money for not providing anything if you refuse to do the training.  But they can't control that - only you can.

They're simply asking you to keep to the contract.

k3lvc

Hannah_m73 said:

Deleted_User said:

Their stance seems reasonable. They're still able and willing to provide you with the training and the availability of driving tests isn't their responsibility.

You have the secondary issue of whether you are a business or not, but fundamentally, they appear to be in the right. The contract certainly doesn't appear to be 'bogus' from your description of events and neither noes it allow them to take money for no reason at all.

Why is there stance reasonable? I'm simply asking for a refund of training i'm not able to complete. The training is contingent on me being able to pass the tests of which there is no availability. They are able to provide this training to anyone else - they have not lost out. Why do they get to keep my money for not providing anything?

But they will provide something when you are in a position to complete and in offering that it's likely to negate any option in court.

I'm assuming that this is a driving instructor course hence the B2B rather than B2C status - did you understand this when you took out the contract ?

Given DVSA are apparently crying out for instructors it seems strange you can't book a test - is that a local issue or anywhere ?

Hannah_m73

This is to be a driving instructor, at the time of signing the contract there were no issues and obviously booking the intensive course i wished to pass this as quickly as possible. I have to pass the Stage 2 test in order to do the stage 3 training and then the stage 3 test. 

I can't book a stage 2 test from now until Christmas - they don't show availability yet for after this - this is for the west midlands/london/liverpool i've looked everywhere. Travelling further to take such a test is unrealistic as this isn't where i will be taking my training or driving. 

Is there nothing in contract law that says due to a change in circumstances a party can reasonably terminate the contract? Again there is no hardship to them. They are unable to provide the Stage 3 training until i pass the Stage 2 test which I can't book. 

It just seems that there is not a single way i can get a refund of my money, at all. The contract provides me with no protection just them. 

Thanks for your help and info 

Aylesbury_Duck

Hannah_m73 said:

This is to be a driving instructor, at the time of signing the contract there were no issues and obviously booking the intensive course i wished to pass this as quickly as possible. I have to pass the Stage 2 test in order to do the stage 3 training and then the stage 3 test. 

I can't book a stage 2 test from now until Christmas - they don't show availability yet for after this - this is for the west midlands/london/liverpool i've looked everywhere. Travelling further to take such a test is unrealistic as this isn't where i will be taking my training or driving. 

Is there nothing in contract law that says due to a change in circumstances a party can reasonably terminate the contract? Again there is no hardship to them. They are unable to provide the Stage 3 training until i pass the Stage 2 test which I can't book. 

It just seems that there is not a single way i can get a refund of my money, at all. The contract provides me with no protection just them. 

Thanks for your help and info 

Without seeing your contract wording I can't be certain, but I suspect that test availability isn't in their control and therefore not their concern.  The test stages will be available at some point, which means you could then do the Stage 3 training.  They can still provide the service you paid them for, it's just that it's no longer convenient to you in terms of timescale, distance and personal circumstances. 

If this were a consumer contract (e.g. you had pre-booked driving lessons and some advanced lessons post-qualification) then you wouldn't have the option of a refund just because the driving tests weren't available for months.  

I'd try negotiating with them.  The contract doesn't sound bogus, nor are they being unreasonable, so the best you're going to get is some goodwill if you approach it in the right way.

MattMattMattUK

Hannah_m73 said:

This is to be a driving instructor, at the time of signing the contract there were no issues and obviously booking the intensive course i wished to pass this as quickly as possible. I have to pass the Stage 2 test in order to do the stage 3 training and then the stage 3 test. 

I can't book a stage 2 test from now until Christmas - they don't show availability yet for after this - this is for the west midlands/london/liverpool i've looked everywhere. Travelling further to take such a test is unrealistic as this isn't where i will be taking my training or driving. 

That would be legally regarded as your issue, not theirs.

Hannah_m73 said:

Is there nothing in contract law that says due to a change in circumstances a party can reasonably terminate the contract?  

No, there is not.

Hannah_m73 said:

Again there is no hardship to them.

Yes there is, they lose revenue for a service they are willing to provide.

Hannah_m73 said:

They are unable to provide the Stage 3 training until i pass the Stage 2 test which I can't book. 

That is however your issue, not theirs. You booked training for Stage 3 training, as part of that you are required to have passed the Stage 2 test, they are willing to provide that training.

Hannah_m73 said:

It just seems that there is not a single way i can get a refund of my money, at all. The contract provides me with no protection just them. 

That is correct, you have contracted for a service and they are willing to provide that service, hence you are not eligible for a refund. It would be a very odd contract if it prevented you for what is essentially a change of mind.

JJ_Egan

Forumites is this actually a business contract . or only when OP becomes an instructor ??

Aylesbury_Duck

JJ_Egan said:

Forumites is this actually a business contract . or only when OP becomes an instructor ??

I'm not sure.  Depends in what capacity OP signed up.  Even so, as a consumer, do they have any other lawful exit from the contract in the circumstances?  I inferred that the training had started and was stopped by covid, so the service was/is being provided.