question about breach of contract

[scoobydoo]

Hi - not sure if any "oldies" still here ? If so hello .

I will try and keep a long story short . My sister booked an intensive driving course on line. As she is an older driver and has suffered panic attacks in the past she was very specific about her requirements for the instructor e.g he knew the area etc etc. The web site very specifically said all our instructors are fully qualified and display their green badge. The lessons were terrible - the instructor did not display his badge and fell asleep on one lesson . she complained several times but had no choice but to continue as the instructor took all the money up front. On the day of the test she found out the instructors was actually not fully qualified . She failed the test. I know that is not illegal as such, but we have done a LBA on the basis that the website constituted a critical part of the contract- so breach of contract - she was misled and the choice of changing to a fully qualified instructor was taken away from her because she did not know until the day of the test. They have basically said go ahead with the action as she carried on with the lessons and did not complain not true she complained several times . Also they refused to give the instructors full name and it turned out he had given a false name anyway. Should we continue to small claims court or could trading standards help?

[scoobydoo]

Re: question about breach of contract

any ideas?

[Kati]

Re: question about breach of contract

[MENTION=19071]teaboy2[/MENTION] might be able to advise xx

[Kati]

Re: question about breach of contract

or maybe [MENTION=5354]mystery1[/MENTION] or [MENTION=39710]des8[/MENTION] xx

[des8]

Re: question about breach of contract

Hi, nice to see you again.

I would certainly start with a word with Trading Standards.

Also have a look at the Misrepresentation Act 1967
The Which guide is quite a good resume: http://www.which.co.uk/consumer-righ...ation-act-1967

If successful she should not only recover some (if not all of the fees) but also other costs eg driving examination fees.

[scoobydoo]

Re: question about breach of contract

thank you

that's helpful I thought I had done a pretty good LBA but they are sticking to their guns at the moment . The DVSA or what ever they are called have told her she must report the instructor as it is illegal not to display the badge - and I am not sure what the deal was with giving a false name .

[nemesis45]

Re: question about breach of contract

thank you

that's helpful I thought I had done a pretty good LBA but they are sticking to their guns at the moment . The DVSA or what ever they are called have told her she must report the instructor as it is illegal not to display the badge - and I am not sure what the deal was with giving a false name .

There has been instances of so called driving instructors falsifying qualification and/ or using identity theft in London and Manchester I seem to recall, forged badges and documents being used.

nem