No cooling off period on financed driving lessons?
Discussion
Appreciate any help on this as I'm properly confused!
A friend of mine has booked a driving lesson course with a business he found online.
He signed up last Friday (19/8/22) and the T&C's make clear that they have a strict cancellation policy - citing that "once instructors are booked cancellations result in lost revenue" and such.
The lessons were paid for on interest free finance via the driving lesson business' affiliated partner. I presume the driving lesson business receives payment in full from the finance company right away less a commission and then the finance company debits my friend each month. Currently, he has had one payment of £340.81 taken.
Over the weekend, he has changed his mind. A number of reasons but it didn't help when they tried to book him a theory test in just a few days time!
So far, he has not got an instructor allocated, nor any lesson dates and they have cancelled the theory test for him. No replacement theory test has been booked as yet.
When he did call to cancel he was told that was impossible as per the T+C's - I felt confident that he would be covered under distance selling and also 14 day cooling off period, especially since he has been sold financial services. Not to mention the fact that no instructors had been allocated, and he hasn't even sat in a car yet!
We called citizens advice for some help on the best approach and were amazed to hear them say that because of the T+C's in this case there is absolutely no redress! CA cited the fact that in the T+C's it says a test will be booked and so that makes it a time-bound service.
This just doesn't quite feel right - how can they write strict T+C's that are backed by the law, when as a retailer if I write "No returns without original packaging" that is not something that I can enforce?
If anyone can shed any light on this in either direction that would be appreciated as it's a lot of money over the next few months and he's most concerned that he isn't going to get good service and feels that he has made a really bad choice.
A friend of mine has booked a driving lesson course with a business he found online.
He signed up last Friday (19/8/22) and the T&C's make clear that they have a strict cancellation policy - citing that "once instructors are booked cancellations result in lost revenue" and such.
The lessons were paid for on interest free finance via the driving lesson business' affiliated partner. I presume the driving lesson business receives payment in full from the finance company right away less a commission and then the finance company debits my friend each month. Currently, he has had one payment of £340.81 taken.
Over the weekend, he has changed his mind. A number of reasons but it didn't help when they tried to book him a theory test in just a few days time!
So far, he has not got an instructor allocated, nor any lesson dates and they have cancelled the theory test for him. No replacement theory test has been booked as yet.
When he did call to cancel he was told that was impossible as per the T+C's - I felt confident that he would be covered under distance selling and also 14 day cooling off period, especially since he has been sold financial services. Not to mention the fact that no instructors had been allocated, and he hasn't even sat in a car yet!
We called citizens advice for some help on the best approach and were amazed to hear them say that because of the T+C's in this case there is absolutely no redress! CA cited the fact that in the T+C's it says a test will be booked and so that makes it a time-bound service.
This just doesn't quite feel right - how can they write strict T+C's that are backed by the law, when as a retailer if I write "No returns without original packaging" that is not something that I can enforce?
If anyone can shed any light on this in either direction that would be appreciated as it's a lot of money over the next few months and he's most concerned that he isn't going to get good service and feels that he has made a really bad choice.
Unfortunately I can not help you on the legal side but I can help you going forwards (no pun intended).
You are right, your friend did make a really bad choice. DO NOT book lessons with random companies on the internet. Find a reputable school locally, preferably one recommended by friends who have used the same instructor. Then phone them up and talk to them, I know this is an old fashion concept, but you will get a feel for what type of company you are dealing with. The instructor should be able to explain briefly how the finances will work and how the lessons will pan out, when tests should be booked (subject to the pupils standard of driving) and when they can fit you in for lessons.
Remember, we are just crawling out of covid and all the teenagers are celebrating their exam results. Everybody is wanting to learn to drive now, so there will be a waiting list before a good instructor will be able to fit you in. Anyone who says they can fit you in straight away does not have a full book so is probably not that good!
Book the test yourself. If you're old enough to drive a car you are old enough to be responsible for the paperwork that goes with it. Book it direct with the government website. The instructor can advise you when to think about booking tests, remember there is massive backlog at the moment. Do not book tests through random internet companies that block-book test appointments and sell them on, they will promise you the earth but will be a lot more expensive and invariably go wrong!
You are right, your friend did make a really bad choice. DO NOT book lessons with random companies on the internet. Find a reputable school locally, preferably one recommended by friends who have used the same instructor. Then phone them up and talk to them, I know this is an old fashion concept, but you will get a feel for what type of company you are dealing with. The instructor should be able to explain briefly how the finances will work and how the lessons will pan out, when tests should be booked (subject to the pupils standard of driving) and when they can fit you in for lessons.
Remember, we are just crawling out of covid and all the teenagers are celebrating their exam results. Everybody is wanting to learn to drive now, so there will be a waiting list before a good instructor will be able to fit you in. Anyone who says they can fit you in straight away does not have a full book so is probably not that good!
Book the test yourself. If you're old enough to drive a car you are old enough to be responsible for the paperwork that goes with it. Book it direct with the government website. The instructor can advise you when to think about booking tests, remember there is massive backlog at the moment. Do not book tests through random internet companies that block-book test appointments and sell them on, they will promise you the earth but will be a lot more expensive and invariably go wrong!
andburg said:
I would guess this falls into a grey area
The finance contract is probably a loan agreement which will have a 14 day cooling off period but the instructor booking is not so will have different terms.
No instructor is allocated to him at this time - he's not even sat in a car!The finance contract is probably a loan agreement which will have a 14 day cooling off period but the instructor booking is not so will have different terms.
Julian Thompson said:
We called citizens advice for some help on the best approach and were amazed to hear them say that because of the T+C's in this case there is absolutely no redress! CA cited the fact that in the T+C's it says a test will be booked and so that makes it a time-bound service.
I am not in a position to confirm or refute that statement, but if it is true that is probably the reason they booked the theory test. If he's on the hook for the money, it might be simpler to just take the lessons.Thanks Carl, the problem is that there are no lessons, no allocation of instructor. They cancelled the theory test for him as obviously nobody is going to be ready for that less than a week after booking the course in the first place, so, presently, there is nothing booked for him.
What I can't understand, specifically, is how he can be sold a financial product without any cancellation rights just because some company says "we will book a service at some point on your behalf".
What I can't understand, specifically, is how he can be sold a financial product without any cancellation rights just because some company says "we will book a service at some point on your behalf".
I think they need to split the finance and the lessons as 2 different things - a bit like when you buy a car on finance. You can cancel the finance but that doesn't cancel the fact that the lessons will still need to be paid for if that's what the T&Cs are and they aren't contrary to consumer rights (which take priority over the T&Cs).
Don't just cancel the DD - it doesn't solve the issue but could potentially cause issues with obtaining credit in the future. The finance company might be able to help though - worth a call to them to explain?
Don't just cancel the DD - it doesn't solve the issue but could potentially cause issues with obtaining credit in the future. The finance company might be able to help though - worth a call to them to explain?
Julian Thompson said:
Thanks, yes, he's worked that out - but he now faces the prospect of paying £350 a month for the next six months without actually getting any lessons and it according to citizens advice there isn't a resolution. Just seems strange/wrong.
In that case I'd say he MUST take the lessons! I would imagine they'd be more accepting of a delay but new, agreed course? That he has the payments on file as credit and together come up with a new course of action.(If it is impossible to get a refund)
anonymous said:
[redacted]
I haven’t looked at what the course does or doesn’t include or how the pricing works but suffice to say I think each lesson will be a lot more than £30.Back to status - a second call to citizens advice turned up the same result.
1) no cooling off period
2) no right to cancel
So, late in the day yesterday he put a call in to a lawyer for a bit of help. The lawyer also thinks citizens advice are wrong, and the the t&c’s can’t override the basic right to cancel.
Julian Thompson said:
I haven’t looked at what the course does or doesn’t include or how the pricing works but suffice to say I think each lesson will be a lot more than £30.
Back to status - a second call to citizens advice turned up the same result.
1) no cooling off period
2) no right to cancel
So, late in the day yesterday he put a call in to a lawyer for a bit of help. The lawyer also thinks citizens advice are wrong, and the the t&c’s can’t override the basic right to cancel.
Make sure you have written evidence of your wish to cancel the agreement while you explore the legal ramifications.Back to status - a second call to citizens advice turned up the same result.
1) no cooling off period
2) no right to cancel
So, late in the day yesterday he put a call in to a lawyer for a bit of help. The lawyer also thinks citizens advice are wrong, and the the t&c’s can’t override the basic right to cancel.
Julian Thompson said:
Thanks Carl, the problem is that there are no lessons, no allocation of instructor. They cancelled the theory test for him as obviously nobody is going to be ready for that less than a week after booking the course in the first place, so, presently, there is nothing booked for him.
What I can't understand, specifically, is how he can be sold a financial product without any cancellation rights just because some company says "we will book a service at some point on your behalf".
Think you're confusing the theory test with the practical test? You don't have to have had any driving lessons to do a theory test, it's all sat at a computer. What I can't understand, specifically, is how he can be sold a financial product without any cancellation rights just because some company says "we will book a service at some point on your behalf".
It sounds quite onerous for a consumer contract.
It's obviously absurd for him to pay for a service he's not getting and it's probably not reasonable for the business to insist on money over and above the costs they outlayed (or committed to).
So the question becomes is the contract unfair and so unenforceable.
OP I would make an offer to the driving school for early termination (perhaps the one payment already taken) pointing out to them that anything else is not fair and will be defended.
It's obviously absurd for him to pay for a service he's not getting and it's probably not reasonable for the business to insist on money over and above the costs they outlayed (or committed to).
So the question becomes is the contract unfair and so unenforceable.
OP I would make an offer to the driving school for early termination (perhaps the one payment already taken) pointing out to them that anything else is not fair and will be defended.
Canon_Fodder said:
It sounds quite onerous for a consumer contract.
It's obviously absurd for him to pay for a service he's not getting and it's probably not reasonable for the business to insist on money over and above the costs they outlayed (or committed to).
So the question becomes is the contract unfair and so unenforceable.
OP I would make an offer to the driving school for early termination (perhaps the one payment already taken) pointing out to them that anything else is not fair and will be defended.
But he hasn't got a contract with the driving school, he has a contract with the finance company who have leant him the money for the lessons. Which is exactly what they've done.It's obviously absurd for him to pay for a service he's not getting and it's probably not reasonable for the business to insist on money over and above the costs they outlayed (or committed to).
So the question becomes is the contract unfair and so unenforceable.
OP I would make an offer to the driving school for early termination (perhaps the one payment already taken) pointing out to them that anything else is not fair and will be defended.
It's just a big con job. Does the driving school even exist?
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