Intensive Driving Courses

Archie_Duke

I’m trying to gather some intel on an intensive driving course provider (I believe they are set up to act as an intermediary with ADIs) who my partner’s daughter was foolhardy enough to pay a sizeable deposit to, but has yet to benefit from any meaningful performance of contract after about 6 months of chasing, but plenty of stalling when asking for a refund. 

I think it’s now building up towards a MCOL action, the amount is in the £300-500 bracket, so a £50 fee. The deposit she paid is not a trivial amount to her, it would be good to try and help retrieve it for her. She has no credit card, so there’s no automatic CCA Section 75 protection. She has requested her bank do a chargeback.

This providers Trustpilot and own Facebook page reviews are very poor. I’m deliberately not naming just yet as it may be against the forum rules, [I need to clarify this.] The teenage daughter has form for not taking advice, and went ahead with signing up with this provider because her sister had approached them (but had not had any lessons provided either at time of writing).

Is the providers assertion that it “will not refund any course due to delays out of our control” a reasonable clause? Verbally they say the root of the problem is delays due to COVID, therefore no refund. If a theory & a practical test has not been provided, then there’s been no expenditure for that part of the package, so is it reasonable to push for a refund of that part?

The teenager concerned needs to learn some practical lessons about spending money, I guess. She is now engaged with making a fraud report and the bank Chargeback process and will maybe think more carefully about financial agreements.

born_again

Archie_Duke said:

I’m trying to gather some intel on an intensive driving course provider (I believe they are set up to act as an intermediary with ADIs) who my partner’s daughter was foolhardy enough to pay a sizeable deposit to, but has yet to benefit from any meaningful performance of contract after about 6 months of chasing, but plenty of stalling when asking for a refund. 

I think it’s now building up towards a MCOL action, the amount is in the £300-500 bracket, so a £50 fee. The deposit she paid is not a trivial amount to her, it would be good to try and help retrieve it for her. She has no credit card, so there’s no automatic CCA Section 75 protection. She has requested her bank do a chargeback.

This providers Trustpilot and own Facebook page reviews are very poor. I’m deliberately not naming just yet as it may be against the forum rules, [I need to clarify this.] The teenage daughter has form for not taking advice, and went ahead with signing up with this provider because her sister had approached them (but had not had any lessons provided either at time of writing).

Is the providers assertion that it “will not refund any course due to delays out of our control” a reasonable clause? Verbally they say the root of the problem is delays due to COVID, therefore no refund. If a theory & a practical test has not been provided, then there’s been no expenditure for that part of the package, so is it reasonable to push for a refund of that part?

The teenager concerned needs to learn some practical lessons about spending money, I guess. She is now engaged with making a fraud report and the bank Chargeback process and will maybe think more carefully about financial agreements.

If she has not received the service, & made the purchase then it is not fraud (that is when a unknown 3rd party uses your card) but she can try a chargeback for non receipt of service. But do be aware retailer can reject.

Just what does the course supply?

Manxman_in_exile

Archie_Duke said:

...Is the providers assertion that it “will not refund any course due to delays out of our control” a reasonable clause? Verbally they say the root of the problem is delays due to COVID, therefore no refund. If a theory & a practical test has not been provided, then there’s been no expenditure for that part of the package, so is it reasonable to push for a refund of that part?...

If they are blaming covid, my understanding is that they should be refunding any service that they didn't provide due to lockdown restrictions etc.  See Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds - GOV.UK (www.gov.uk)

And in any case, if the contract has been frustrated "... due to delays out of [their] control ..." I think your daughter should still be entitled to a refund.  They can't fulfill the contract because of those circumstances, so why should she pay them for something they haven't done?  (The link above also explains what "frustration" is in the context of contract law).

Archie_Duke

born_again said:

If she has not received the service, & made the purchase then it is not fraud (that is when a unknown 3rd party uses your card) but she can try a chargeback for non receipt of service. But do be aware retailer can reject.

Just what does the course supply?

Get what you’re saying about fraud, that was her mums input, which I think was possibly incorrect.

It’s a ‘48 Hour’ package for driving beginners, with theory test and practical (the Driving) test. Just over £2000 in total, but it hasn’t got further than paying a deposit.

One thing I need to clarify with her mum is whether the theory test was booked, as passing that is the first step before any scheduling with a local driving instructor takes place.

Archie_Duke

Manxman_in_exile said:

Archie_Duke said:

...Is the providers assertion that it “will not refund any course due to delays out of our control” a reasonable clause? Verbally they say the root of the problem is delays due to COVID, therefore no refund. If a theory & a practical test has not been provided, then there’s been no expenditure for that part of the package, so is it reasonable to push for a refund of that part?...

If they are blaming covid, my understanding is that they should be refunding any service that they didn't provide due to lockdown restrictions etc.  See Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds - GOV.UK (www.gov.uk)

And in any case, if the contract has been frustrated "... due to delays out of [their] control ..." I think your daughter should still be entitled to a refund.  They can't fulfill the contract because of those circumstances, so why should she pay them for something they haven't done?  (The link above also explains what "frustration" is in the context of contract law).

A couple of things here to chew over, for sure. 

As it was all booked after COVID lockdowns finished, I think the delays are less clear - we’ve probably all heard about the long waits for the practical tests. As I understand it the verbal responses are vaguely referring to COVID but I need to clarify that over the next couple of days.

born_again

Archie_Duke said:

born_again said:

If she has not received the service, & made the purchase then it is not fraud (that is when a unknown 3rd party uses your card) but she can try a chargeback for non receipt of service. But do be aware retailer can reject.

Just what does the course supply?

Get what you’re saying about fraud, that was her mums input, which I think was possibly incorrect.

It’s a ‘48 Hour’ package for driving beginners, with theory test and practical (the Driving) test. Just over £2000 in total, but it hasn’t got further than paying a deposit.

One thing I need to clarify with her mum is whether the theory test was booked, as passing that is the first step before any scheduling with a local driving instructor takes place.

So given the long delays in getting a theory & practical tests. Not sure how these sort courses will manage. 

Best bet & a lot easier is to sort the theory herself. That will give a idea on the timeframe involved. 

This may give some idea on the problem.


https://www.itv.com/news/2022-02-03/how-learner-drivers-are-using-technology-to-beat-the-waiting-list-for-tests