I would also do breach of contract and go small claims. Letter before action demanding refund, 14 days to pay then prepare to issue a small claims.

thanks for your reply . Does the website wording count as the contract? they did admit in a text that they had made a mistake by giving her a driver that was not fully qualified.

I have to help my sister so do you think we should tell the "driving School" what we are intending to do? In other words give them one more chance to put things right - or just go ahead?

That is what the letter before action is for.

I would argue that the fact the advertising was fully qualled instructors forms part of the contract, you would also be able to refer to trading standards case and dsa etc if they gave you reference numbers.

Await others advice and then draft a Letter Before Action here and await feedback from other users.

thanks

I am a bit rusty - trust me I was quite active on the forum and I hope I helped a lot of people on bank charges . Just have had a bit of a break .

We have now done letter before action.

So will see what happens

u missed this bit then

"Await others advice and then draft a Letter Before Action here and await feedback from other users."

Actually it has apparently not been sent yet so if someone would be kind enough to have a look at the letter it would be appreciated . The Driving school told my sister they would not give her the drivers full name just said he was called Edward . In fact his name was actually John M*****

thanks

Pasted from the link to enable more people to feedback

From :

To:

Date:

LETTER BEFORE ACTION

Reason for claim

Breach of contract

I refer to previous correspondence and I am now sending you one last letter to give you the opportunity to deal with my complaint.

A summary of my complaint is :

Your web site which constitutes part of your contract clearly states that all your instructors are fully qualified and display their green badge. As you are fully aware , after my various verbal complaints about my instructor I found out on the morning of my test that my instructor was not fully qualified.

My instructor who I was informed was named Edward ( you refused to give me his second name ) did not display his badge at any time. This is breaking the law.

I have now found out that my instructor is not called Edward - his name is XXXX

I specifically requested that my instructor knew the area of Oxford . You assured me he did . But in fact he spent a lot of time using the sat nav on his phone to navigate the area.

My instructor fell asleep during lessons.

My instructor refused to provide a receipt for the cash that I paid him .This complaint is a summary and does not repeat all the other complaints I provided to you.

I re-iterate that I feel you removed my choice to have a fully qualified as instructor as advertised on your website. You did not tell me he was not fully qualified when I asked and I do feel this contributed to my lack of confidence which contributed to me failing my test.

As you have refused to give me the name of the instructor I have to pass the full claim to yourselves as you provided me with the contract.

My claim is for 20 hours of tuition £

2 days full pay from work that I lost £

Expenses for phone and correspondence £

I am willing to consider mediation before legal action if you wish to take that route.

I request a full response by date XXXX (14 days)

I would remind you that I will commence court proceedings if I do not get a response which may incurr extra expenses or interest on the sum claimed.

We are both bound by civil procedure rules and all correspondence should be in writing.

I'm not so sure that the fact your instructor was a trainee will carry a lot of weight; they are after all authorised by the Secretary of State under the Road Traffic Act, allowed to give tuition for money (or monies worth). That is something that a member of joe public isn't allowed to do. Trainees also have to have received the mandatory training, passed three of the four exams and been supervised for a certain percentage of the time they are teaching.

I'm not saying that you won't succeed in your claim because you clearly have other issues with this instructor, but I doubt you'll win in your entirety to the point of getting your money back.

If you failed with multiple serious or even dangerous faults, it might be persuasive enough (if presented) to suggest that it was more a matter of you not being ready for the test, rather than it being due to a lack of competence.

On the other hand, I could be completely wrong.

If a website constitutes part of a contract - then the fact he was a trainee is one of the main arguments. The website says "all instructors are fully qualified and display their Green badge"

So although a trainee can instruct she was not given the chance to change to a fully trained instructor and when she paid her money she thought that is what she was getting.

They have admitted in a text that that was their mistake but have inferred she was accepting the situation by carrying on with lessons . That was not true as she did not know he was qualified and when she complained about his teaching she had already paid up front so could not get her money back.

Also as he gave a false name we don't know how many exams he had passed?

Because the trainee licence is only issued after the driving exam, which is the 3rd out of 4.

There's the theory exam, the hazard perception, the driving exam (if passed the trainee can be issued with a licence at this point) and the final test is for teaching. Lest, that's as I understand it.

I take your point though.

Because the trainee licence is only issued after the driving exam, which is the 3rd out of 4.

 

 

 

There's the theory exam, the hazard perception, the driving exam (if passed the trainee can be issued with a licence at this point) and the final test is for teaching. Lest, that's as I understand it.

 

I take your point though.

so if he has a badge - he just may not have had the instruction on how to teach? That would make sense as he did not even know the correct lanes to use on a roundabout.

He'd have completed the course on teaching, just not yet been tested on that competency, or possibly failed x 2 and would be on the last attempt, after which the licence is revoked.

thank you .

any other comments before we send the letter?