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Do I have a basis to take a person to small claims court over unpaid refund? (£130)

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  • Do I have a basis to take a person to small claims court over unpaid refund? (£130)

    Hi, I have this issue:
    In May 2021 I paid a driving instructor £200 cash for 10 hours of driving lessons.
    He was teaching me for 2 hours and couldn’t give me more lessons due to health issues.
    So, I texted him if he will be able to give me some lessons or if it is not possible, can he issue the 80% refund (£160) and I provided my bank account information.
    He replied: “I think it’s best if I refund your money back it’s going to be about 2/3 weeks tho before I will have your money”.
    After 3 weeks I asked again about the money because he didn’t transfer the money and I found out he was in hospital so I agreed to wait some more.
    After sometime In August 2021, he texted me that he can bring me my money and asked how my test go so I replied that I failed.
    Then he offered his help for my next test and I agreed but I had to wait almost 6 months for the new driving test.
    Close to the test in February 2022 I began to text him again and finally got 1.5-hour lesson from him but then I got an email that my exam was cancelled and they automatically rebooked me for July. In that case we didn’t have any more lessons in February.
    Near the rebooked exam in July, I mostly used help from another instructor who prepared me and I almost forgot about the one who owes me money and I somehow didn’t contact him until few days (4-5) before the exam. He had no time. (I don’t blame him he had no time; it was my fault I didn’t contact him at least 2 weeks earlier).
    Anyway, I passed this time and texted him if he can issue the refund of £130 as together, we have driven 3.5 hours so with the agreed rate of £20/h it should cost me £70.
    He simply replied: “Yeah when I have it I will text you”.
    I asked him for more details so he wrote that he will text me next week. He didn’t.
    I am afraid he may not want to return me my money back.
    I don’t have any receipt that I paid him £200 but I have his texts acknowledging that he needs to provide me the requested refund.
    I am going to keep reminding him that I would like to receive my money back but I need to know if what I have described above, is that enough evidence to take him to the small claims court if all communication will fail?
    I have quoted here 2 of more relevant texts from our long correspondence but there is more I could use to build up the context.
    Tags: None

  • #2
    Make a court claim for money - GOV.UK

    Comment


    • #3
      the answer to the headline question is Yes.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        you must send the person a letter before action explaining that if you do not receive the refund by a certain date you will commence court proceedings against them to recover the money. If they do not pay go straight to Moneyclaim online

        Comment

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