driving instructor won’t refund

Mildly_Miffed

Why not just take a couple of post-test lessons?

OK, you can now go on motorways pre-test, but passing the test is nowhere near the end of learning how to drive.

[Deleted User]

l0tti3 said:

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

As I said way above, send a letter before action, this is all a waste of your time continuing to respond on here when you could already be posting off the letter (send it with proof of postage)

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/Problems-with-goods---letter-before-court-action/ 

Given you have dates of chasing etc just tailor the above letter with the dates, messages etc and send it to his address, it doesn't cost you anything beyond a stamp and should make him wise up.

l0tti3

Deleted_User said:

l0tti3 said:

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

As I said way above, send a letter before action, this is all a waste of your time continuing to respond on here when you could already be posting off the letter (send it with proof of postage)

Given you have dates of chasing etc just tailor the above letter with the dates, messages etc and send it to his address, it doesn't cost you anything beyond a stamp and should make him wise up.

replying to people to be polite, and the one you quoted was to gain a better understanding of what they were telling me. since i don’t have his address and i’m currently in the middle of a 12 hour shift, unfortunately i can’t just post the letter. 

to everyone who replied, thankyou i appreciate your help! i *think* it’s sorted.

diystarter7

Hi OP

Do you have evidence of paying the DI?

How do you chose the DI, was it word of mouth, yel pages etc etc?

Why in your opinion is he not giving the money back?  

Thanks

[Deleted User]

l0tti3 said:

Deleted_User said:

l0tti3 said:

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

As I said way above, send a letter before action, this is all a waste of your time continuing to respond on here when you could already be posting off the letter (send it with proof of postage)

Given you have dates of chasing etc just tailor the above letter with the dates, messages etc and send it to his address, it doesn't cost you anything beyond a stamp and should make him wise up.

replying to people to be polite, and the one you quoted was to gain a better understanding of what they were telling me. since i don’t have his address and i’m currently in the middle of a 12 hour shift, unfortunately i can’t just post the letter. 

to everyone who replied, thankyou i appreciate your help! i *think* it’s sorted.

If he's registered as a business you will be able to get his address from companies house

Car_54

Deleted_User said:

l0tti3 said:

Deleted_User said:

l0tti3 said:

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

As I said way above, send a letter before action, this is all a waste of your time continuing to respond on here when you could already be posting off the letter (send it with proof of postage)

Given you have dates of chasing etc just tailor the above letter with the dates, messages etc and send it to his address, it doesn't cost you anything beyond a stamp and should make him wise up.

replying to people to be polite, and the one you quoted was to gain a better understanding of what they were telling me. since i don’t have his address and i’m currently in the middle of a 12 hour shift, unfortunately i can’t just post the letter. 

to everyone who replied, thankyou i appreciate your help! i *think* it’s sorted.

If he's registered as a business you will be able to get his address from companies house

Almost all (99%?) instructors are self-employed sole traders, so not registered.