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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60451
Experience:  Qualified Solicitor
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I have purchased a service online (driving lessons) by

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Hi,
JA: Hello. How can I help?
Customer: I have purchased a service online (driving lessons) by mistake and the company refused a refund.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: in England (London) and the purchase was made on 23th Sept
JA: What steps have you taken so far?
Customer: I tried to come to an agreement with the provider, which failed and dispute the payment with my bank which also failed because of the T&S (which were sent only after the purchase) and the communication on the providers website was misleading in my view.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes - my mistake was confirming the course and I have not studied the fine print. I still think I should be issued a refund.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 6 days ago.
Hi Ben

When did you make the payment and how long after this did you request to cancel and be provided with a refund?

If possible, please also upload a copy of the terms and conditions on here so that I may take a look

Customer: replied 6 days ago.
Payment made on 23rd Sept. Then, on 7th and 8th Oct: Refund requested / effort to reach agreement with provier / dispute with bank started when the service was supposed to start and the issue became apparent that I made the booking by mistake. Will upload T&C now.

OK thanks. I will wait for you to send it through

Customer: replied 6 days ago.
Users/elsasosv/Desktop/5 Day payment dispute/TERMS.pdf
Customer: replied 6 days ago.
I'm not sure I can send you the file?
Customer: replied 6 days ago.
How do I upload?
Customer: replied 6 days ago.
Here's the text:
Terms and Conditions
COURSE BOOKING: 1. The course booked is for the date and time agreed on initial booking and as confirmed in writing by

London & Herts Driving Academy Ltd (North London) Passexpress Ltd (West & South London) who own and run a franchise of 5DAY (the company) and may be cancelled within 14 working days from the date of this confirmation in writing to the administration centre at 5Day, Suite 5

The Old Dairy, Elm Farm, Norwich Common, Wymondham NR18 0SW.
In any event this notice must arrive before the course start date over. Letters may only be received
during office hours which are Monday to Friday 9am to 5pm. If booking a course to
commence within 14 working days (eg short notice
booking) 5day must have your agreement to commence booking as this will mean your normal 14 working day cancellation right will
not
apply. 1A. After the period in 1 above you cannot move or cancel the course and or any associated accommodation without full loss of

fee, except where 20 working days notice is given in writing to the company at the address stated above in 1.
ACCOMMODATION: If requested, 5DAY® will book the local Travelodge. 5DAY® will be held responsible for any errors made when booking the actual accommodation if requested by a
pupil however they cannot be held responsible for any complaint arising with the accommodation facilities and their services.
DELIVERY: (A 5Day course is over five consecutive day’s)
Course A - Monday to Thursday 9.00am - 5.00pm and Friday 9.00am - 3.00pm*
 Course B – Monday to Thursday 11.00am to 7.00pm and Friday 2.30pm* - 7.00pm

(*times may vary due to driving test cover and be extended for retraining subject to candidates theory test results)
Each course includes one to one car tuition with a DSA car instructor and class based theory training with a DSA car instructor. The course will start and finish at our training centre, the
address of which is on the course confirmation letter and as such the pupil is responsible in getting themselves to and from the Training centre each day on time. If at any time the
pupil elects to finish the course early, arrive late, or miss any days out, no proportion of payment made for the course will be refunded, or will any hours be given in lieu of those hours
missed. 5DAY® shall have the right to use or substitute any DSA instructor and or vehicle for the purpose of giving all or some of the tuition both practical and theory on the course
week for whatever reason. The pupil agrees that he/she is duly licensed to drive the tuition vehicle and is able to read a number plate at a distance of 20.5 metres with or without
aided vision. 5DAY® shall have liability to the pupil under this agreement in respect of any injury, loss or damage arising from the use of the tuition vehicle if there is found to be
negligence regarding the contracted instructors’ vehicle not meeting required safety and maintenance requirements.
TRAINING: Training for both the theory and practical syllabus is delivered by Driving Standards Agency (DSA) qualified instructors who teach by the DSA guidelines. The 5DAY course is
designed to give an average pupil an overall grounding on all the topics of the DSA learning to drive syllabus and to help a pupil achieve if possible DSA test standard by the end of the
5 Days. There is no guarantee

implied written or otherwise that a pupil will get to the required standard to be able to pass a driving test as achieving this standard is entirely down to the pupils ability. For the
avoidance of doubt the standard required is level 5 as published on the Driving Standards Agency website and the Agency’s Drivers Record. In the case of non achievement further
training options include lessons from a DSA approved instructor or private practice until such time that the required standard is achieved. 5DAY are not responsible for any further
lessons agreed between the pupil and a 5DAY instructor, payment for such lessons are entirely the responsibility of the pupil and the instructor.
THEORY TEST: The course will include a pre booked official DSA Theory Test during the week. The date and time of this test will be given to you on the first day of attending the course
and you are expected to abide by the terms and conditions of this test found at www.dsa.gov.uk. You are required by the DSA to take along your UK Provisional Driving Licence plastic
card when attending for this test. FREE THEORY RE-TRAINING: Retraining is free to all and takes place at the 5DAY training centre. You may attend for unlimited days and use the
facilities during office hours only
DRIVING TEST: A driving test is not supplied on course A or B, as application for such can only be made once a theory pass is obtained. If requested to do so, 5DAY will fast track a
driving test to be 75% sooner than the national waiting list. The DSA do not supply a car for a driving test, however candidates may hire the school car fo
Customer: replied 6 days ago.
The issue was that I did not have my DSVA provisional drivers license yet and I wasn't aware I needed it (I'm from another country so every system is different). This means I cannot take the course and the provider should have issued a refund or agreed to reschedule the course (which they declined).

Can I just check how much you paid for the course?

Customer: replied 5 days ago.
1054GBP
Customer: replied 5 days ago.
Refund offered: 0 GBP

Ok thanks. Assuming you cannot come to an agreement with them and they refuse to issue a refund, your only option would be to take it further legally.

If a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the debt in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

Customer: replied 5 days ago.
Thank you Ben for the comprehensive response. After you have read the T&C, do I have a case though? I wouldn't want to spend lots of time if the chances are slim that the civil court would rule on my behalf. If so, would the other party be liable to cover legal expenses incurred?
Thanks

Whilst there are grounds to take it further, unfortunately, the rules I work under do not allow me to discuss your chances of success in court. When solicitors determine these, we would conduct a formal case analysis and take the full details and evidence that are available into consideration. On this site we deal with very limited information in a Q&A format, so inevitable certain details and evidence will be missed. Therefore, if we discussed prospects of success based on this limited information alone, we could end up giving misguided advice and prompt you into either making a claim or not making one, when in reality we may have advised the opposite had we known the full details. That is why we are only limited to discussing the legal position and your options, without actually commenting on how good or bad a case you have. Hope this explains things for you

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