National Intensive Driving School - delays regarding tutoring - court claim won trouble enforcing judgement

[DilysFiller]

Morning,

I need, I think, some legal help please.

My daughter signed up for an intensive driving course and has had no end of problems. I think we need to go to the small claims but we don't know how or if this is the right course. 

The course was advertised at £450ish deposit and then £360 to the instructor, paid in two blocks, on the day after the first lesson and the second later. She took out finance through their credit company. had a nightmare trying to book up the lessons, the instructor allocated to her wasn't replying and seemed dubious. He kept asking my daughter when he would get his money rather than answer her questions. (Seems odd he wasn't contacting the company?)

kept asking him where he was based to work out if she should do the course near home or her work, he wasn't answering, several times she had to get the company to contact him. Finally he said he would do the lessons in 4 blocks

she replied saying could do the Friday (lesson 1), Tuesday (lesson 2) and Friday again (lesson 3) and that she would confirm final lesson when she had checked her calendar. She also asked in this message whether he could do the Tuesday of the first week. Ages later he replied saying he had two tests that day so could only do the evening. nothing more was said in that, my daughter confirmed on the system her first lesson would be the Friday (1).

On the Tuesday he sent her a message saying he would see her that evening and please could she let the company know they were having a lesson that night. replied saying that they hadn't ever arranged this and would be at work and not be home in time for this lesson and could they stick with Friday. heard nothing. 

That evening he phoned to say he was outside the house, she said this had been explained and wasn't possible as wasn't home. He got angry and said he had spent an hour driving there in rush hour and would still charge her. She said it was never confirmed and had told him that morning NOT to turn up.

Contacted the company and explained all this and that she no longer wanted to use them after all the messing around and the guy instructor clearly wasn't from her area, why had he been allocated to her?

Contacted the finance company and her bank explaining what was going on to find they had additionally charged her £50ish extra to try and find her an earlier test but she had heard nothing on this either and didn't want to start the course and then find her test was months away.

After chasing them up again and again she discovered 

1) they paid him on the Wednesday despite this lesson not going ahead or ever being confirmed. 

2) she let them know Tuesday evening prior to any lessons that she was making a formal complaint and cancelling

Gradually we get half stories from them and she was told to speak to the instructor "like an adult". This is disgraceful. She kept copies of every message and email and is never anything other than polite. 

Also the amount that was handed over by the finance company is higher than the advertised price on the website and this was supposed to include a 30% discount from a code she entered. They agree she got the discount but said "you have to add on VAT to the amount online" ( it doesn't say this anywhere) 

The company take days to reply and have said all they will refund is the second instructor cost and the test money.

Of the £840ish we assume this would only give her about £220 back. 

They won't confirm how much it all costs or how much they will refund.

We sent a letter saying under the Consumer Act sections we require a full refund because the services haven't been provided properly but they keep ignoring this. 

Sorry for long message but please can anyone help?

[Bazooka Boo]

What is the name of the driving school?

[DilysFiller]

National Intensive

Driving Courses – National Intensive

NATIONALINTENSIVE.COM

Does this make a difference?

 

[BankFodder]

 

NATIONAL INTENSIVE LIMITED people - Find and update company information - GOV.UK

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

---

NATIONAL INTENSIVE LIMITED - Free company information from Companies House including registered office address, filing history, accounts, annual...

 

 

Google Maps

WWW.GOOGLE.COM

---

Find local businesses, view maps and get driving directions in Google Maps.

[BankFodder]

I'm afraid that this looks very suspicious.

Having done a companies check, I have found their address which simply seems to be a mailbox shop where you can hire mailbox and have correspondence sent to that particular mailbox.

The address is apparently office 275 – but I suspect that is simply the number of the mailbox.

This means that these people would be extremely difficult to reach. It is difficult to know how you could bring a claim against them and on the basis that you won the claim – which you probably would – it would be impossible to enforce against the mailbox.

Can you tell us more about the finance company please.
If this was a proper finance arrangement then you would be covered under section 75 of the Consumer Credit Act 1974 and so the finance company would be responsible. If you did pay for this on finance then you should be reassured that probably your money is safe but it will be a bit tricky to get it back.
If it really is a scam then it is a bit strange that they are operating using some kind of credit facility.

What is the name of the finance company?

[BankFodder]

I notice also that they have a Twitter account 

DrivingMooreLeeds

@DrivingMoore

 

But which doesn't seem to have been used since 2017 and a Facebook account which seems to be currently in use

DrivingMoore

WWW.FACEBOOK.COM

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DrivingMoore, Leeds. 174 likes · 8 talking about this · 5 were here. DVSA 'Grade A' Instructor guaranteed to make a safe driver. For life. No nonsense coaching.

 

Also a LinkedIn account

https://uk.linkedin.com/in/anthony-moore-73118594

 

[DilysFiller]

Finance company is called Bumper who seem to be a separate company. 

Thanks for your help so far.

[BankFodder]

0% Finance Car Repairs | Pay Monthly Instalments | Bumper

WWW.BUMPER.CO

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Split the cost of your car repairs and servicing into manageable monthly instalments with 0% interest. Fix it. Split it. Sorted.

 

[DilysFiller]

It looks as though they are exempt, it says Consumer Credit Act Exempt on her T&C documents.  I feel like we are going round in circles with both companies. Not sure what to do now?

She hasn't received any good or services from the intensive company and cancelled 48 hours before the first confirmed lesson, they acknowledged this but still paid the instructor. My daughter is £840 out of pocket 

[BankFodder]

It may say that on their terms and conditions – but it needs doublechecking. I'm not too sure why it should be exempt.

 

Have you paid all the money?

 

@dx100uk

[dx100uk]

how did your daughter pay bumper 

by debit card i hope, please don't say by bank BACS transfer...

dx

 

[DilysFiller]

I can find out this morning. I know that Bumper have paid the company the whole amount, my daughter has made the first payment. But the second one will be due shortly. It's over 6 months I think. 

[BankFodder]

Their website confirms that they are not regulated and that there are no Consumer Credit Act protections. I don't understand why. However it does seem to me that if you withhold payment from them, they can probably claim from you they will not have any power over the driving school.

I haven't come across this before and I'm not sure the answers if the driving school are unreachable.

You have any other contact names or addresses for them? If you could find out their residential address and it would be very helpful.

[DilysFiller]

She paid by debit card for the first payment. 

Edited September 14, 2023 by DilysFiller

[dx100uk]

then i would be contacting her bank and investigating doing a chargeback for what's been paid to date and also cancelling the continuous payment authority that exists for bumper finance.

i notice we have no dates for anything so it's worthy to get these confirmed for going forward.

when did she 1st sign up for the course?

when did she agree to the bumper finance?

On 12/09/2023 at 11:20, DilysFiller said:

Contacted the company and explained all this and that she no longer wanted to use them after all the messing around

what date?

On 12/09/2023 at 11:20, DilysFiller said:

Contacted the finance company and her bank explaining what was going on

dates for both too

dx

 

 

 

[DilysFiller]

Signed up for both on 4 August. 

 

She tried through her bank and they seemed to initiate a chargeback but she was then told it should affect her credit rating. 

Citizen Advice just said as the address is a mailbox she cannot small claims court them. Which seems terrible. 

[dx100uk]

a chargeback will not affect her credit file!

get it done as i advised above.

then bumper can argue with them about getting the rest of their moneyback for a service that was never provided.

dx

 

[DilysFiller]

Bumper have said a chargeback would affect it though, so is this bullying tactics?

She was worried she made a second payment.

We can't seem to get anywhere.

The intensive people said they will refund the test and second half on instructor money which amounts to about £225ish but that's about £600 she's fine at the moment for nothing. 

Does she need to keep paying Bumper if she's in dispute with N.I. either? 

 

[dx100uk]

go do a chargeback to her bank.. nothing to do with bumper,  none of their business to speculate and stop paying .

let them argue between themselves about the money as i said.

she should not be out of pocket at all

shes cancelled.

dx

 

 

[DilysFiller]

Right to clarify, because I can't get my head around all this. 

Bumper have paid £835 to N.I. for the course. 

My daughter has paid - Deposit £140 by card 

A couple of weeks later she told N.I. she was cancelling the whole course. Told Bumper she was cancelling the whole course. No lessons had been undertaken and no test booked.

Early September she tells her bank they start a chargeback for the deposit.

But second payment is taken by Bumper.

NIDS do not accept compliant but say they will refund expedited test fee and half the instructor costs. So due £225ish back to Bumper. 

Last week Bumper scared her about the chargeback. Her bank haven't given her the money back yet but because Bumper scared her into believing she could be sued or chased by a DCA she went and repaid them the chargeback money despite not having received this back from the bank.

at the moment she is 3 X payments down and no money back from bank.

do we tell the bank it's actually 3 X payments we need them to chargeback?

Won't Bumper send in a DCA?

Then what happens?

Eventually NIDS should release the refund of £225 leaving £630ish outstanding, so how do we get this removed?

 

 

 

 

[dx100uk]

thats better.

she should go get ANY money paid to ANYONE by HER by her DEBIT CARD back under the chargeback scheme,

explain to the bank that she got scammed and defrauded and was threatened with escalation to a DCA (hence extra payments since 1st chargeback) that she though had the powers of a bailiff, which they DO NOT THEY ARE POWERLESS TOTALLY. and now feels a fool.

 

as for whatever money is owed to/from outside of this. let them argue it out, nothing to do with your daughter, she cancelled within the time limit under her consumer rights allowed her to do. not her problem

dx

 

 

[DilysFiller]

Hi, Apologies if the incorrect forum, I wasn't sure where to place this.

We won a small claim against a business yesterday. I know a copy of the judgement will be sent to the defendant but they seem to have two different registered addresses. So I have a few questions if possible. 

1) Should we somehow let the court know we have found two different addresses and ask where this is being sent?

 

2) Are we allowed to contact the company directly and ask how they will be refunded us? Is it too soon?

 

Many thanks.

Edited March 7 by DilysFiller
Spelling

[honeybee13]

Thread reopened.

HB

[DilysFiller]

Thank you.

Follow up questions.

Because of the finance element of this she was threatened with credit score problems.

Eventually we took them to the small claims court to claim back what she had paid as she never received anything from this company as far as service is concerned.

The Judge found in her favour and she has a judgement now of several hundred pounds.

Do we contact the company now by email and ask when we can expect payment or do we have to wait for the letters to come out?

[jk2054]

Hi,

 

Rarely make contact with them. Personally I just wait for them to contact me. If they don’t I send in DCBL (High court enforcement) to collect the monies owed