Btw the only way I found out it was cancelled was because I was doing a search on my emails and came across the one in junk box . They don’t ring you or check you have email . I quoted the package holiday regulations at them because they said if we had found a similar holiday that was more money we would have to pay , which seems to contradict the regulations. They just ignored me.

Long story but tui cancelled package holiday 8 days before leaving but email went into junk . They could offer no alternative holiday that week so I had no chocice but to cancel and book elsewhere . Also their system had let me check in and print all my holiday documents 3 days before we were due to leave which is bizarre considering they said they cancelled it. Their customer service is rubbish and although we booked elsewhere it was a more expensive holiday and they have offered 200 pounds in vouchers . Don’t want vouchers and still not happy with them at all .

any other comments before we send the letter?

thank you .

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.

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

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.

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

We have now done letter before action. So will see what happens

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 .

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?

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.

Well just an update. My sister was only given the instructors first name - guess what the was not his real name. The government DVSA are going to contact him with her comments and they are willing to take it further but they can not get her money back. they have advised her to go to trading standards about the original website she booked through.

Our reply basically is She was not aware he was a trainee until the morning of the test The website states all drivers are fully qualified. He did not display his badge He fell asleep because he was working long hours. We thanked them for their reply and confirmed we will be taking the matter to Trading standards and DVSA.

To be clear the extra hours were offered as she complained about him falling asleep etc and the fact he had not covered all the test routes and using the sat nav on his phone. At that stage she did not know he was a trainee. she got an extra 2 hours before the test .

this is the reply today: After reading through your complaints letter and investigating this issue with xxx the area manager we have come to the conclusion that the course was completed successfully. As for the issues which you had with xxxx: the reason you had to change lanes on the roundabout was because another drivers dangerous driving forced lane chnage to prevent an accident, also xxxx did not have his ADI badge on show in the vehicle because it was in his other vehicle, we have stressed to our instructor that this should always be on display and we apologise on behalf of him for this. It was a mistake on our behalf to allocate a trainee instructor and we have made this clear to the area manager but xxxx did ask you if you were happy with the service and training provided and you stated that you were happy. You also had extra hours with the instructor which also proves you were happy with his training as you had time to let us know your were unhappy and arrange another instructor. But you are now complaining in regards to the instructor once the course is completed when you were happy with the training at the time and also completed additional lessons. To conclude we will investigate the issues further with xxxx so that it doesn't happen with any future pupils and can only apologise for any inconvenience caused to you.

we have done the complaint to the main company by recorded letter . They replied by email today. She can not contact the instructor direct as they refused to give his full name or address and now he has blocked her . As he did not give her a receipt she has no details from that either.

Interesting . The instructor admitted to her the hours he had been working and they were very long he was starting at 5 am some days and not finishing until 9 pm

Your point 7 is interesting - I am sure she would have been sent some paperwork to sign - so I think we are right to concentrate on the fact that they say all instructors are fully qualified. In fact verbally she was told that he was fully qualified. She did feel bad about reporting the fact that he had no badge in the car - until he blocked her calls . For all we know the badge number could in fact be false - so I think she has done the right thing. She is a bit worried as he did invite himself into her house at one stage and he will know she lives alone but I think also she is quite feisty and is willing to put up a good fight as she does feel she has been conned. She is aware he still could have taught her whilst training himself but she feels the choice has been taken away from her.

Oh yes also she tried to call the instructor as she realised he had not given her a receipt - and he had blocked her number. She called from another mobile and asked why he had blocked her number and he told her the company had told him to do it. He also said he had given her a receipt - which he had not.

Thank you for your reply . My sister has made an official complaint (with my help) to the company that were the "agents " She has received an email stating that the instructor had his badge in another vehicle ( strange as he said he has mislaid it ) They say that they gave her a couple of extra hours because she complained about him falling asleep and using a sat nav on the phone whilst instructing - and so as far as they are concerned the matter is closed . So we replied today saying that she did not know until the morning of the test that she was not being instructed by a fully trained instructor and that their website is therefore misleading . She has contacted the DVSA in writing and we have told the company we are going to trading standards about the way they have operated. So we are at the stage of now taking it further. .My sister explained to them right from the start that she suffers from panic attacks and needed someone who knew the area ( he clearly did not) And I know it seems a small thing to others but even being told to go in the wrong lane on a particularly horrendous roundabout to her was a big deal . She just wanted so badly to pass and feels really let down as if she has been foolish. And as a single mum it was a lot of money to her. One good thing was that the examiner told her to carry on and that she would pass eventually.

yes I did see that - not the same one. I have done her an initial letter with an official complaint about the driving instructor breaking the law by not displaying the badge etc. Also the tyre was so bad that the examiner had to ask a supervisor whether she could actually continue with the test. Also legally they have to pay full attention to the driving - I don't think using a phone sat nav and falling asleep counts. He did also ask her out for dinner- but I did not add that as I think that could be a matter of "perception" the contract was with the driving school so she is sending the letter there . On the website it says very clearly all instructors are fully qualified and display a green badge - so her research told he she would be taught by a qualified instructor . I have seen a text where they refused even to let her know his name let alone his badge number.

I think she paid the deposit to the driving school but cash to the instructor. The deposit included the theory and practical test

I have just checked the website and it says all their instructors are FULLY qualified and display their badge. There is lie number one.

yes but I think on a self-employed basis - My sister asked for his badge number several times and I think she may even have a copy of a text asking the driving school. She definitely got a text today after failing her test with his number - so that shows she had never been given it . I really want to try and get her a refund because she explained to them that she wanted someone who knew the area , he did not. He told her some days he was working from 5am until late at night . I feel that because of her past experience if she had known he was a trainee she would not have continued with him. When she asked the manager of the driving school if he was a trainee he said "not as far as I know"