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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69252
Experience:  Over 5 years in practice
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I paid £2,600 last year for a set of driving courses and tests,

Resolved Question:

I paid £2,600 last year for a set of driving courses and tests, due to my current employment taking me away from home i am unable to take the courses. I recently cancelled the the courses and asked for my monies returned to me, they have responded with that under their terms and conditions i am not entitled to my money back.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you agree cancellation rights?
Customer: replied 2 years ago.

Didn't agree any as far as i am aware, it is in their terms and conditions. They now say that i am out of contract.

Expert:  Jo C. replied 2 years ago.
What do the terms and conditions say on that point?
Customer: replied 2 years ago.

The terms and conditions states basically that after 6 months i am out of contract, and would loose 100% of any fees paid.

I paid for the on line theory training, a course of driving lessons to hgv 1&2, including test fees for both.

to date all i have used is the theory training on line.

So what if someone can't pass the theory test, that means they cannot take up the driving lessons, so you loose everything you have paid. Also you have to pass a medical to be entitled to take up the driver training, if you don't pass that you will loose all your fees paid up front.

In order to take up training for the class 1 licence you have to have passed class 2, again if you don't pass you will loose your monies.

They say that they adhere to the legal requirements surrounding distance selling, how can they?. Had i known that when transferring my money to them that i would forfeit all the monies if i didn't take up the training within six months, i would not have given them the money. I believe that i was mis sold the training courses, no mention of the fact that you can pay for the training in installments as you progress through the course, this is something i found out later once they had taken my cash.

Expert:  Jo C. replied 2 years ago.
Thats bad news I'm afraid.

Do you accept you are outside of the 6 month period?
Customer: replied 2 years ago.

Yes i am outside the six month period.

Expert:  Jo C. replied 2 years ago.
That is bad news I'm afraid.

The contract seems fairly clear on this point. You have to complete within 6 months. That isn't hidden in the contract I imagine?

Its common with courses to impose a time limit upon completion.

You are right of course. If a person cannot get through phase one then they cannot progress but again that is fairly common too.

In relation to distance selling, all that requires them to do is offer an initial cooling off period of 7 days from the date of booking.

I'm afraid on the facts that you mention here, this would not amount to misselling. Misselling is essentially misrepresentation and the contract is quite clear here.

If you complain then they may make you some offer but if you went to court then you would lose I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo C., Barrister
Category: Law
Satisfied Customers: 69252
Experience: Over 5 years in practice
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