Small claim but against who?

[walklikeme]

Hi, the son of friend paid over £900 to a driving school for 25 lessons. They have only provided 14 lessons, and despite repeated requests no refunds have been made nor any lessons. The school has this in its terms and conditions :- XXXXXX acts as your agent in locating a Driving Instructor to provide you with the Lessons. When you make a booking with XXXXXX you are entering into a separate contract for the Lessons which is solely between yourself and the Driving Instructor who is self-employed and who is independent from XXXXXX. This has been going on for some 2 months now and it seems the only resolution is via the small claims court, but given the above, who should he proceed against, the school or the instructor? Please advise. Many thanks.

[Sam101]

The Terms & Conditions shoul identify who is responsible to give you the answer. Usually the one you paid, but it could differ.

What was the reason the remaining lessons were not taken?

[atticus]

The wording quoted purports to make it clear that the driving school acted as agent for the instructor. On the face of it, the instructor would be your defendant. Do you have the name and address of the instructor? If not, then it will be difficult for the school to say it is agent for a disclosed principal.

I don't suppose you know whether the instructor has been paid.

Before starting a claim, I suggest that you write a firm letter before action to each (school and instructor). Consider the replies carefully. It may become sensible to name both as defendants.

[walklikeme]

The wording quoted purports to make it clear that the driving school acted as agent for the instructor. On the face of it, the instructor would be your defendant. Do you have the name and address of the instructor? If not, then it will be difficult for the school to say it is agent for a disclosed principal.

I don't suppose you know whether the instructor has been paid.

Before starting a claim, I suggest that you write a firm letter before action to each (school and instructor). Consider the replies carefully. It may become sensible to name both as defendants.

The instructor has been paid. My friends son has screen images of instant messages between the instructor and the school. The school says something to the effect 'if you send the money to us we will pass it on to the client.' In addition he is not the only person that this instructor has failed to fulfill his agreement with, there is another young woman owed about £60. I believe that the lessons were cancelled in part due to covid and becasue the instructor decided not to carry on giving lessons once the restrictions were eased.

I should also add that the instructor insists that he wants to repay the money, and on one occasion claims to have refunded the amount to the school. From reading all the texts and other messages that the friend has I have a clear impression that the instructors words are empty of sincerity.

Thanks to all for your help thus far, anything else you can offer is welcome. Thank you.

[atticus]

OK, that points to the instructor. Write those letters.

[walklikeme]

Ok, then I will compose and email suggesting that payment must be made within 5 working days or he will institute proceedings in the small claim court against him. Thanks again.

[atticus]

I did refer to letters in the plural! If you write to both, answers from one may be useful against the other.