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wonder if anyone can help . My sister just booked intensive driving course which has been a total disaster. On of the main things was that the instructor had no badge displayed and despite her asking several times she only found iust the number today and he told her ( just before her test ) that he is only a trainee.

 

 

should he have displayed his badge?

The car had a problem with a tyre which was noticed by the examiner

He fell asleep whilst giving her lessons ( and apparently had been working very long hours)

He lied about knowing the area and was constantly using a sat nav on his phone to get round .

Plus apparently he asked her out to dinner.

 

 

This was amongst other things as well.

 

 

She is totally gutted as the course cost her a lot of money

 

 

does she have any recourse?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

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offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

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Yes she does have a recourse

Was this instructor working for a driving school?

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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"

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

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offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Who did she pay - the school or the instructor?

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

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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I think that you had better find out the exact position and any documentation she may have. You can't so this for a third party on the basis of surmise. Isn't she prepared to come here and handle it herself? It would make things much easier.

 

We need to try and say that the contract is with the school - which it probably is - although they may try to say that it is not.

A secondary argument is that you relied on their skill and judgment in selecting an instructor for you

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Watchdog did a piece on a certain driving instructor company on Wednesday.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Which one? Can you link to it please.

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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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.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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First - before we all start offering advice, we need to understand the facts. I have been a fully qualified DVSA Instructor for the last 14 years and, although the OP IS (understandably) upset, there are some points that a layman might not fully understand.

 

1. Fully qualified instructors (passed all 3 exams) display a green octagonal badge in the windscreen.

2. Trainee instructors (not yet passed final exam) display a pink triangular badge in the windscreen.

3. Trainee instructors ARE authorised to provide paid instruction.

4. Trainee instructors can present candidates for test. Normally the examiner will write the instructor number on the marking sheet (DL25) If there is no instructor info, it means his badge was not displayed but this is not a legal requirement as instruction is not being given on the driving test.

5. Badges MUST be displayed while giving instruction. The instructor number should be plainly visible or produced when requested by th pupil.

6 Nearly all driving instructors are self-employed. They either run their own school or are franchised to a larger school. e.g BSM or AA etc.

7. You will most likely find that the contract is made between the pupil and the instructor, not the school. (read their terms and conditions.)

8. The Government Examiner is authorised to refuse to take the test candidate if he/she considers the vehicle to be unsafe or for any other reason.

 

Some of the larger (and well known) driving schools utilize trainee instructors as it is perfectly legal to do so. However, they should not state that ALL of their instructors are FULLY qualified. If you believe that the instructor has behaved in an improper manner, report it to the DVSA and the police. You should understand that it is your word against his and as there were only 2 persons in the vehicle, it will be difficult to prove your case. If you need any further help or info, post back here. Good luck.

Edited by Nimrod205
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  • 2 weeks later...

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.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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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.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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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.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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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

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Try not to use the phone unless you can record the calls. It might take a bit longer, but a letter is much better. If you feel he / they won't respond, then send it recorded.

 

What he means is - read our customer services guide first

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Try not to use the phone unless you can record the calls. It might take a bit longer, but a letter is much better. If you feel he / they won't respond, then send it recorded.

 

 

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.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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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.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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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 .

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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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.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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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.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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