driving instructor won’t refund

l0tti3

Hi, hoping someone can offer some advice short of going through small claims.

so i booked my last set of lessons in a block, but passed my test with a few hours left over - driving instructor had already agreed to refund any left over since it was down to him i couldn’t get all the hours in. 

fairly sure he also owes me for more than he claims but at this point i’ll settle for the 2 hours, which should be £70.

i passed my test about 6 weeks ago, and he’s since ignored all my messages about a refund. i’ve got all the messages proving he’s agreed to refund me etc, he asked for my details and everything but still hasn’t sent it, and i don’t know what i’m meant to do at this point. going through small claims doesn’t seem worth it, since the fees are half of what he owes me anyway. reporting to dvla won’t help me get my money back, although he was repeatedly late, cancelled and generally unreliable but doing this would be out of spite, wouldn’t actually help.
even my mum has tried to ring him for me to ask him to refund me (even though i’m in my twenties🤣) and he hasn’t picked up the phone. help!

Ebe_Scrooge

Might it be worth a complaint to the DVSA (not DVLA) ?  https://www.gov.uk/complain-about-a-driving-instructor

Not sure if it would do any good, but if you have proof that he agreed to refund you, and proof that you do indeed have "unused hours", he may bow to a bit of pressure from them?  Just a thought.

[Deleted User]

Send a letter before action

Car_54

Not really a motoring issue. Maybe better in the Consumer Rights section?

SiliconChip

The fee for starting a Small Claim is added to the amount that you're claiming so as long as you win you won't be out of pocket.

Car_54

SiliconChip said:

The fee for starting a Small Claim is added to the amount that you're claiming so as long as you win you won't be out of pocket.

Rather: so long as you win, and the other party pays up!

flower77g

I personally wouldn't issue a small claim for this one without written agreement that money from the block booking would be refunded, as the judge could well rule against.   

Possible counter arguments in court include: (a) the fixed block fee was for up to x hours until the original poster reached the driving test standard and passed the driving test, which they did (b) no part of the block is ever refundable (c) the driving instructor is waiting for the poster to provide mutually acceptable times so that they can do some motorway driving with the instructor now they have a license: the court should make an order to this effect and award  all court costs against the poster.  

doningtonphil

flower77g where did you get alll of that from?  Have you got a copy of the contract with the Driving Instructor tha the poster hasn't seen.
It seems the Op has it in writing that the 'excess hours' would be refunded, there is no mention of any of the gumpf you have mentioned.  Why would the court rule that way?

l0tti3

[Deleted User] said:

Not really a motoring issue. Maybe better in the Consumer Rights section?

hello, sorry this is my first time using this site/forum, i just went for the first one that looked applicable!

l0tti3

flower77g said:

I personally wouldn't issue a small claim for this one without written agreement that money from the block booking would be refunded, as the judge could well rule against.   

Possible counter arguments in court include: (a) the fixed block fee was for up to x hours until the original poster reached the driving test standard and passed the driving test, which they did (b) no part of the block is ever refundable (c) the driving instructor is waiting for the poster to provide mutually acceptable times so that they can do some motorway driving with the instructor now they have a license: the court should make an order to this effect and award  all court costs against the poster.  

i do have all the messages where he’s agreeing to refund me, along with a lot of me trying to book lessons in and him being busy - i did also say in one “i thought i had x amount left because you said we would do y & z but you couldn’t fit me in”. 

don’t want to go through small claims at all but i do want the money back, im a student with a car to pay for and £70 is nearly 2 full tanks🤣 but i don’t want to go through the hassle if it’s going to be thrown out because i don’t have some sort of paper contract

l0tti3

just been back through all the messages, and along with a lot of back and forth about how many hours are left etc i do have a message from him saying “you will be refunded from 10 lessons” - surely all of this is enough for me to have a leg to stand on?