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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have paid for an intensive driving course lasting 1 wk and

Customer Question

I have paid for an intensive driving course lasting 1 wk and the instructor is not able to fit me in to the date that we agreed on when i paid him in full and is only fitting me in around other lessons this has gone on over 3 wks now i took 2wks holiday to take the course and am back at work i should have had 30 hrs in 1 wk and have only had 12 hrs in 3 wks .can i ask for all my money back as he had agreed to a weeks driving.please advise me .thank you
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
On what basis do you want a full refund if you have had 12 hours of lessons already please?
Customer: replied 2 years ago.

when i booked the course i made it clear i needed an intensive course of 30 hrs to be taken over 1 week ,and the instructor agreed to this i have a recepit stating this ,the basis i want a refund is that he has failed to deliver the service i booked with him

Expert:  Jo C. replied 2 years ago.
Yes, that is true.
However, you have had 12 lessons and you do have to pay for that I'm afraid.
Also, he is not saying that he cannot fit you in. He is just saying its to be done at different times. Unless you made it a condition of the 'essence' in the contract that the lessons were to take place at a particular time I'm afraid the movement of times and dates is not a material breach striking at the heart of the contract.
If you want to cancel then he might well refund you the pro rata amount but he is entitled to be paid I'm afraid for the work he has done.
I'm very sorry if this is bad news.
Can I clarify anything for you?
Jo

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