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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45310
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I need some advice

Resolved Question:

hi i need some advice
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.
Hi, thanks for your question. Please could you elaborate on the issue and i will see if I can assist you.
Customer: replied 11 months ago.
Hi my husband joined a driving school as a trainee driving instructor he has a pink trainee instructor liceence which expires 25th april. Now the school he is with he has been getting loads of work and he is working nearly 12 hours a day.They are supposed to offer him 20hrs extra training with a trainer before his first part 3 test if fails he is supposed to have another 5 hours. he did his first 20hrs and failed the test and has 2 more chances to do the test and he is still awaiting for the remainder of the 5 hours training which they dont want to offer. They have also told him that he must honour a pupil who has a test coming soon but we had contacted the company 3 weeks ago to say we dont have the time. They are now expectiong him to work up till 9pm to do this guys lessons. They say in their terms and conditions that they were advertise locally but as of yet they havent i was wondering can we terminate as at the time of taking out the contract they didnt give us a choice of 1 or 2 year contract and said the 2 year is better for us as its cheaper and signed up. when i trie to cancel within the 14 days i was told there was no cooling off period so cant cancel. i can send you a link to the driving schools terms and conditions
Customer: replied 11 months ago.
i have already paid a goodwill deposit
Expert:  Ben Jones replied 11 months ago.
Hello, my colleague has decided not to continue with this question so I will try and help instead. Can you please provide the link to the terms and conditions so I can examine them?
Customer: replied 11 months ago.
ok the link to the terms and conditions is www.surepassdrivingschool.com/wp-content/uploads/2015/03/Franchise-contract-terms-conditions.pdf
Expert:  Ben Jones replied 11 months ago.
Thank you. If you are looking to terminate then you would initially be bound by the termination clause 16, in particular 16.2 which applies to termination by the driving instructor. It states that the contract may be terminated by the Driving Instructor by giving one calendar months’ notice to Surepass Ltd in the event that:· Surepass Ltd fails to promptly provide necessary Training to the Driving Instructor as per the provisions of the Terms and Conditions· It is clarified that either party can terminate the Contract if a material breach is not remedied within a period of seven days of a written notice of default from the non-defaulting party. So you can argue that they have not provided the necessary training but you must identify where this is stated in the terms and conditions, bearing in mind that they only state they ‘may from time to time decide that it is necessary for the Driving Instructor to undergo further Training for example, Check Test failure’. It does not guarantee such training. The other argument would be the failure to advertise locally which you can try and include in the second ground to cancel above but if they remedy it within 7 days then you would not be able to rely on it. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 11 months ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45310
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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