To think driving instructor is taking the p***?

[Beagle26]

My DD paid a lot of money for driving lessons, use of the car on the test day and a pre test lesson. She has already had lots of lessons and booked this chap on the understanding that she could use his car on test day. During the first lesson, he said that she was not ready for her test and could not use his car as he would be ‘liable’. Her test ended up being cancelled due to a Covid outbreak at the test centre (with a week’s notice). When she turned up for her next lesson, the instructor said there was no point continuing with the lessons, given the test cancellation.

To cut to the point, instructor is refusing to issue a refund for any of the lessons (including use of his car for the test, despite his saying on first lesson that he wouldn’t be allowing her to use it). She asked to transfer the lessons but he is not responding to messages and is being very vague about whether he will agree to this. Basically, he is taking her money, despite being the one to suggest stopping the lessons and saying she couldn’t use his car for the test. There is no contract

Has she got a leg to stand on here?

Goodness, I don't see how that's anything except out and out theft! To be clear, he took the money for lessons that he is now refusing to provide? Fair enough if she's not ready for the test and he doesn't want to risk his car with someone who could damage it, but surely that means that she's an obvious candidate for lessons. Which he provides? I'm not sure what the situation in the UK is, but there must surely be a regulator of sorts for driving instructors, or trading standards at the very least.

This may be helpful: www.gov.uk/complain-about-a-driving-instructor

That is a very useful link, thank you!

I knew someone who knew what they were talking about would be along shortly

@JustHavinABreak yes, exactly! that’s what I think it is. He clearly thinks that he can just take advantage because she is young . There is no professionalism

Bloody hell op he's clearly a con man. It's fine for him to not allow her to take her test yet in his car but obviously if she's paid he then needs to refund as well as for the lessons.

That’s appalling, that government link looks useful. Is this something you could take to the small claims court? I know you say there is no contract but do you have anything in writing? Emails or texts? Presumably you transferred the money so you have evidence that he received your money in the first place.

Small claims court, I suggest. It’s not difficult or expensive to open a case.

How did you pay?

If it was by debit card, contact your bank and ask them to initiate a charge back, citing fraud/service not supplied.

If it was credit card depending on the value they can do a charge back or claim via section 75 citing the same reason as above

Was he with a chain (AA, BSM etc) or on his own? Did he display a green or pink badge in the windscreen during lessons and was the car dual control?

DH is a driving instructor & he's come across a few rogues who weren't even qualified or licensed to teach. If he is legit definitely contact the link above with his teaching licence number. It's very dodgy he said he can't use the car for the test. That's pretty much the point of learning in the damn car.

Always pay with a credit card if possible as it is easier to get your money back. Also possible with a debit card but not always so easy. Never pay with bank transfer as this is the method scammers use.

This is a known scam. Complain to the bank and dvla.

Thanks for all your responses. Knew I’d get some great responses on here

@iklboo he is not a chain, but is operating on his own. DD can’t remember whether he had badges. We will def use that link if we don’t get anywhere with a refund. How would we get hold of his teaching license number without asking him? She can’t even find his details now on google. Starting to wonder if he is even licensed to teach! He said he would be liable to be struck off if she used his car in the test if she wasn’t ready... she was never told that by her previous (excellent ) instructor

@SimonedeBeauvoirscat @Whynotnowbaby yes will def do that if he persists in not issuing refund. It’s 200 pound so not a small amount

@memberofthewedding @Flamglimglubberty debit card unfortunately but thanks for tip re credit card

He had a car with dual controls , which makes me think he is prob legitimate

A debit card isnt unfortunate. Speak to your bank and tell them service not provided.

@Beagle26 - that's absolute bollocks about him being 'struck off' if she failed using his car! No driving instructor has a 100% pass rate during their career. He sounds worse & worse.

THIS IS A USEFUL SITE for advice.

@Beagle26

You can still get the money back if it's a debit card. Call your bank and ask about a charge back - it's similar to the protection offered on a credit card, but starts at a much lower threshold (I think it's £25). If you explain to your bank that you've paid the money but the service /goods haven't been provided they'll start a claim on your behalf.

I successfully claimed back £400 from a rogue travel agent through this method during lockdown.

Are you in the Southampton area op?

OMG He is not on the database!

Depends which bank you’re with but Barclays are good with things like this. I once ordered something online which never turned up and the shop didn’t reply to me at all so I contacted Barclays and they forced a refund through. You should try the bank just in case they will allow this. It’s fraud though so I’d also consider the police.

No. In East Sussex 😊

Not good at direct replies - rubbish with simple technology! Thanks for advice everyone. Have looked up links and seems that he is not on the database, so is probably a scam merchant. Got him through a private message on Nextdoor when asked if anyone was available to provide driving lessons. Feel sorry for DD as on a low salary and he owes her nearly £300.

So have you called your card issuer then?

We had very similar. Message him for his ADI number. I do believe you need to be registered to be a driving instructor.

Fiddliestofsticks - it was a bank transfer and Pilates daughter is reading threads and is going to contact him and ask for his number. She will also contact DVSA. All this is very helpful. Thank you 🙏