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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68265
Experience:  Qualified Solicitor
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Assistant: How can I help? I am just wondering if I can get

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Hello,
Assistant: Hello. How can I help?
Customer: I am just wondering if I can get some advice- I paid for an intensive driving course through a company and paid upfront, over £1000. My instructor was appalling, cancelled several lessons, used his phone whilst driving, turned up late, was just generally useless. I asked for a refund of my remaining hours (around 20 hours, I used 20- paid for 40) and they’re refusing to give me anything. They’re claiming they have destroyed all paper work, have no log of my lessons and are ultimately siding with the instructor even though he cannot provide proof of the lessons I have remaining. I have sent proof of text messages confirming the dates of our lessons, but this still isn’t enough for them.
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: It was discussed with the manager at their company.
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: They said to me they technically work as an agency and use self employed drivers.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so no, thank you.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 6 months ago.
That’s fine, thank you.
Customer: replied 6 months ago.
I’m at work at the moment, could we do it via this platform rather than over the phone?

How long ago was this and are you able to upload a copy of their terms and conditions on here please?

Customer: replied 6 months ago.
I booked my course back in August I think, however I started the complaint process in November and have no luck since. Yes I will look for a copy now
Customer: replied 6 months ago.
I have attached them.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Whilst you have grounds to challenge them, you simply cannot force them to agree with you and to refund you as requested. On that basis, you may eventually have to consider using the Small Claims Court in order to try and get something back, which would be done by making a claim for compensation.

If a party wishes to pursue another for financial compensation 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 compensation 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 6 months ago.
Thank you so much for your help, I will definitely take your advice into consideration!

All the best

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