AA Driving School

[JohnWalton]

I joined AA Driving Instructor Training program in Feb 2006 and embarked on Stage 1 of the 3-stage process. I was advised to read through the first 11 units in the workbook, then call for a stage1 mock exam paper. I did this in July 2006. I got a call a month later saying "terribly sorry for the delay, we're running behind due to staff sickness. We'll get the papers out to you in a couple of weeks". I thought that this was reasonable enough.

However, I never heard from them again. I wrote to them last month saying that their failure to carry out their stated duties had frustrated any contract that existed and that I wanted a refund.

I got a reply today stating the their terms and conditions will only allow a refund if learning materials are returned within 7 days of receipt and therefore "I would be unable to process this refund". There is still no mention of the materials I am waiting for!

I am intending to reply along the lines of "The lack of service received from AA has repudiated the contract AND the terms and conditions to which you refer. In addition, you have breached the express and implied terms of the contract. You have not discharged your duties in a timely and professional manner as required by the supply of goods and services act. Therefore if I have not received a positive response to my request for a refund within 7 days I shall issue a Letter Before Action restating my request and warning the I shall begin court proceedings for breach of contract if not satisfactorily resolved."

How does this look?

Thanks all
Martin

[buzby]

Looks good - do you have any written proof of the original non-performance/delay? They could try and say you did nothing, they were blameless, and you are now just wanting you money back.

[JohnWalton]

Second Preliminary Request for Refund

I am writing in reply to the letter dated 8th September 2007 from Lesley Johns. This letter says that you are “unable” to process the refund of my tuition fees I requested because your Terms and Conditions require materials to be returned within 7 days of receipt.

Please review my letter dated 31st July 2007. It seems evident to me that the total lack of a suitable degree of service received from AA Driving Instructor Training has repudiated the contract that exists between us, and this would invalidate the terms and conditions that your letter referred to. In addition to this, you have breached the express and implied terms of the contract. You have not discharged your duties in a timely and professional manner or with a “reasonable degree of skill and care” as required by the Supply of Goods And Services Act 1982.

Therefore if I have not received a positive response to my request for a refund, within 7 days of the date of this letter, I shall then issue a Letter Before Action restating my request and warning that I shall begin legal proceedings for breach of contract if this is not satisfactorily resolved within 14 days of that letter.

Yours faithfully,


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This is going in the post tomorrow by recorded delivery.

[GuidoT]

You need to clearly say that by not providing the materials, this amounts to a repudiatory breach and that you accept the repudiation (and effectively treat the contract as at an end).

Where there is a repudiatory breach (that goes to the root of contract that shows one party has not intention of fulfilling their part of the bargain) you have the option of either re-affirming the contract and or bringing the contract to an end. You need to clearly state your position.

How much money are we talking about here?

[gyzmo]

I would have thought the need to return materials firstly necessitated the need to be sent to you in the first place......
Just to add to the above point, I would say that your initial request would count towards repudiating the contract - just get it in writing!

[Lefty]

I think your position is very clear, and the advice you have been given so far is right on the money.

I would just like to add that you are wise to get out now... before you lose even more money... Trust me... I know...



Cheers
Lefty (ex AA Driving Instructor)

[JohnWalton]

Since this is not quite a "standard template" case - can anyone suggest a suitable text for an LBA which accepts the repudiation of the contract?

Thanks,

Martin

[Chesterexpress]

Just wondering why you left it over 12 months to embark upon this action? Did you not follow up your request when they failed to materialise in August/September 2006?

[JohnWalton]

ChesterExpress,

I just got caught up doing other things, too busy to chase tbh.



Any ideas for the LBA text anyone?

Thanks,

M

[JohnWalton]

How's this?

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LETTER BEFORE ACTION

Dear Sir,

AA Driving InstructorSchool, Ref xxxxxx

I am writing further to my letters of [DATES]. I have received no response to my letter of 19th September 2007 restating my request for a refund, despite this being sent by recorded delivery.

It is plain that the failure by AA Driving School to supply materials and guidance in relation to the DSA Stage 1 examination represents a “repudiatory breach” of the express and implied terms of the contract that existed between us. I accept this repudiation and therefore treat the contact as at an end and that the terms and conditions referred to in your letter of 8th September 2007 are therefore void and invalid.

I require the full repayment of the tuition fees paid. If you do not comply within 14 days I will begin a claim against you for the full amount plus interest plus my costs and without further notice or correspondence.