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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a self employed franchisee PDI trainee driving instructor.

Resolved Question:

I am a self employed franchisee PDI trainee driving instructor. I am due to take a test for ADI qualification by August 2015.
To date I have accrued a huge debt with the school and am seeking to get out of my agreement with them they are refusing to allow me to do this.. I am not earning a living standard income and they are trying to hold me to a five year contract which will place me at age 67/8
They are also attempting to hold us to a guarantor which was wrongly headed and had to be corrected which was not signed by my wife the company tell me that the old one is still active.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Does the agreement have a termination clause or anything?

Alex Watts :

Does it provide for minimum earnings please?

Customer:

In answer to your questions. The clause is 6 months notice if accepted by the company

Alex Watts :

Ok. In that case does it say on what basis it would be refused?

Customer:

There is no minimum agreement until reaching ADi qualification then there is a ball park figure according to hours available

Customer:

No it does not say on what basis it can be refused

Alex Watts :

How much is owing?

Customer:

Trainee fees are currently in the region of £1500 circa

Customer:

plus a franchise fee of £120 per week

Customer:

my pupil diary does not cover this and supply an income for the family budget #

Alex Watts :

Ok, what is it you want to achieve?

Customer:

To quit the agreement as I have not reached an ADI qualification yet.. therefore I believe I can not be held to a 5 year contract

Alex Watts :

What is the wording on the 5 year contract?

Alex Watts :

Does it say WHEN it becomes effective?

Customer:

it became effective on the start of the training programme they have altered the goal post twice so far which was an initial 2 year agreement with the provision of a new car then moved the goal post to 5 year they have not provided me with a new car.

Alex Watts :

Sure. What does it say when the 5 year becomes effective?

Customer:

the trainee licence is only guaranteed employment for 6 month upto qualification on becomeing a fully qualified ADI should I pass the exams

Alex Watts :

But what does it say about when the 5 year contract becomes effective?

Alex Watts :

When does that apply from ?

Customer:

they say it became effective on receipt of the supplied vehicle 17 the february

Customer:

which in fact nulls the agreement if I fail the test as I can only take it one time #

Alex Watts :

Is that what the contract says?

Customer:

No

Alex Watts :

Ok. What does the contract say about when the 5 years start?

Customer:

it states that he can give 6 months notice if I fail to pass the test

Alex Watts :

Have you failed to pass the test?

Customer:

they will only guarantee one attempt at the test

Alex Watts :

Or you have not completed it yet?

Customer:

not taken the test until 14th August at the latest date which then nulls the PDI

Alex Watts :

And thats the ONLY time the 5 years comes into force, once you pass the test?

Customer:

yes but he has refused my 6 month notice as of today

Alex Watts :

Well the contract does not say on what basis the notice can be refused, so I don't think he can.

Alex Watts :

Also they can NOT tie you to 5 years unless you pass the test.

Alex Watts :

If you do not take the test then you can not pass it

Alex Watts :

On that basis I think you can get out of it

Customer:

That was my thoughts exactly so thank you..

Alex Watts :

You are only tied once you pass the test. So clearly if you don;'t pass you are not liable. If you don't take the test you can't pass it

Alex Watts :

The contract sounds like it is not worded very well.

Alex Watts :

I know what they meant to say, but it is not what they actually say

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I think this has been amazing thank you .. I feel we may need to now present the contract on a face to face meeting with a local solicitor to bring it to a final end

Customer:

you have helped me feel confident that the law is on my side

Alex Watts :

Great. Is there anything else I can help with?

Customer:

Thank you so much I will now seek a face to face meeting with a local solicitor to take this forward

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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