Small claims court driving lessons

A friend had referred a driving instructor. This driving instructor then began to message asking when I was available for lessons. I was unsure because he was extremely expensive. Then he wanted to have a lesson with me before I was able to pay (I was waiting for payday) I was uncomfortable with this and cancelled the lesson. A driving instructor closer to me became available and I went with her. This first instructor turned up at my house claiming we had a lesson when I had cancelled. Then about a week ago sent me a letter claiming that I owe him for the lesson even though I had cancelled and if I did not pay the £45 then he would take me to small claims court. Really unsure on how to proceed

Reply 1

IWMTom

Original post by Bluehair92

See a solicitor - most offer 30 minutes free legal advice.

Would they win in the SCC? I doubt it. I'm no solicitor, though.

Reply 2

Notoriety

Probably best to contact him and tell him why you won't be paying. Provide proof to him.

Citizens Advice can help you draft a letter, if you don't feel comfortable doing it yourself. They can also give you legal advice specific to your case, which we're simply unable to online for a number of reasons. And of course they're free.

Reply 3

Anagogic

Original post by Bluehair92

There's no way he'd take you to court over £45, he's just trying to intimidate you so that you'll cough up the cash.

Reply 4

Notoriety

Original post by Anagogic

There's no way he'd take you to court over £45, he's just trying to intimidate you so that you'll cough up the cash.

You'd be surprised how petty people can be.

Reply 5

Anagogic

Original post by Notoriety

You'd be surprised how petty people can be.

True, though it would cost more in legal fees than what he'd be awarded.

Reply 6

Notoriety

Original post by Anagogic

True, though it would cost more in legal fees than what he'd be awarded.

OP could be ordered to pay the claimant's costs, i.e. the court fees, if the claimant won.

Reply 7

lizardlenny

Is he part of a driving school? If so, check their website for their policy on cancellations. Did you give him enough notice? If you did, then hopefully you have proof (a dated text message perhaps?) that you can provide to quash the claim before it even gets to the small claims court.

Reply 8

doodle_333

How did you notify him? If you sent a text/email the day before or something then just refer him back to that message. If you sent it an hour or two before the lesson then he may not have seen it and you should pay up as it's the right thing to do. He probably won't follow through on his threat as it would be a lot of work for £45 but it is possible. You'd probably win if you can show you cancelled the lesson in reasonable time.

Reply 9

Bluehair92

I gave him a week via phone call

Reply 10

rickyrossman

https://www.consumeractiongroup.co.uk

The moderators on there are very knowledgeable about small claims courts and finances.

Reply 11

bones-mccoy

You have to pay before you even take someone to a small claims court, he'd be spending more in court fees than the £45 he thinks you owe him. It's an empty threat,

Reply 12

IWMTom

Original post by bones-mccoy

You have to pay before you even take someone to a small claims court, he'd be spending more in court fees than the £45 he thinks you owe him. It's an empty threat,

If he won, though, he would get the court fees paid by the OP.

Reply 13

Laomedeia

As others have said, its an empty threat. Dont pay him anyway! Driving instructors (along with cab drivers) are greedy f'ers that charge way too much as it is. Tell him to **** off.

Reply 14

StriderHort

They're not ALL like that, mine was total fair

This one just sounds like a conman tbh, why's HE the one telling YOU when to start lessons and when they are? If you cancelled on the phone a week in advance how can he turn up saying you've a lesson? Spivvy high pressure con man, probably couldn't make it as an ambulance chasing lawyer. (God knows what the quality of tuition would have been :P )

I'd either ignore it or send a brief letter back along the lines of "I dispute this as I gave notice your services were not required a week in advance on the telephone, further claims or visits to my home will be interpreted as harassment'. How old are you btw? it sounds like they may be trying to take advantage of a lack of experience, he technically CAN take you to small claims.....but still wont, costs or no costs it's simply not worth the TIME for £45/2 hours and is a weak as hell case.

Reply 15

StriderHort

In follow up, I'm the cynical sort, so i'd be asking why my friend referred me to a total con man of a driving instructor. Do you know them well? did THEY learn to drive with this person?