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Ask Michael Holly Your Own Question

Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6536
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Just advice at present Will keep it as short as I can but

Customer Question

Hi just advice at presentWill keep it as short as I can but will be longI am a self employed driving instructor who accepts work for intensive courses from one week driving .com ( and while training one of there pupils would be under there t/c s am I right) please look at these for any help you needI started. A pupil 30/8/15 on a course and now he is demanding his money back (40 hr course £800) as he has not completed the trainingAnd now threading me with the small claims courtHe has breached the contract on a few things but will keep to the basics1. 19. The balance of course to be paid to instructor at start of your course
He did not pay this till 9 hrs in and only after I cancelled lesson due to non payment2. 9 once course agreed pupil cancels that lesson forfeitedHe cancelled the last 3 lessons (4hrs per lesson) same day3 7 pupil has 3 mths to complete course / should we not hear from pupil within 3mths any remaining deposit is forfeited and no refundsPupil cancelled last lesson 3/10/15 and neither I nor office heard from him till 25/5/16 when he started all this demands4. The course 13. Once payment done and pupil does not complete course the remaining hours valid for a period of 1 mths then forfeitedAs aboveThe pupil is saying as I am self employed then these t/c s do not apply but the course was THRU owd not booked THRU meAny advice great fully appreciated as worrying my self sick but don't think I need to but please help and have a look at there t/c to determine if I am right or wrongPupil had 12 hrs of lessons cancelled 12 hrs I admit I also cancelled lessons but these were added back to the remaking hours so no loss to the pupilDon't know if it makes any difference but live in Scotland booked THRU English company
Submitted: 6 months ago.
Category: Law
Expert:  Michael Holly replied 6 months ago.

He is bound by the conditions of the course provider which means he is not entitled to any money back.

He was not prevented from finishing the course by you or the course provider he simply chose not to. Having chosen not to he is bound by the course conditions and under those he is not entitled to a refund.

I hope this helps if there are any further points please reply and I will be happy to respond.

Best wishes

Michael

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