Liberty MCT threatened to use my card details to silence my complaints: Is this legal?

Did this guy watch Fawlty Towers and say “That’s the personality for me”???

Those T&C’s are insanity.
I’m not sure I’d accept instruction from anyone who can’t tell the difference between loose and lose.

This is the one that had me spitting:

“4-If it becomes apparent that a trainee is undertaking a course which is unsuitable for their personal circumstances or ability, LIBERTY reserves the right to transfer the trainee to a more appropriate course or cancel the whole course with no refunds.

So they can cancel your course for any reason whatsoever and no refunds?
GTFO!

That’s awful that you have had to go through this, they just should not be trading. Glad you reported them. And good luck with the rest of your training.

I would have waited for everybody to look away & thumped him right in the kisser

& got my moneys worth

To whom it may concern,

Pre-Action Protocol Letter

On XX of XXXXXX 201X, Mr XXXXXX entered into an oral contract with Liberty MCT, to provide motorcycle training.

Upon arrival on XX of XXXXXXX 201X, Mr XXXXX presented his valid UK licence as required. This licence, despite being valid, was rejected by Liberty MCT, and Mr XXXX was unable to complete his training.

Under section 13 of the Sale of Goods and Services Act 1982 Liberty MCT are required to exercise reasonable care and skill in the provision of the service that you provide. Unfortunately, Liberty MCT failed to exercise reasonable care and skill when they failed to recognise a valid licence.

As such, Mr XXXXX is now entitled to reject the contract and request a full refund of £XXX.XX

We request that you pay this refund within 14 days from receipt of this letter. If no payment is made within this period, Mr XXXXX will have no other choice than to issue proceedings against Liberty MCT, which will result in court fees and interest becoming due on the amount outstanding.

Any action taken by you to harass Mr XXXXXX, by making any further threats of removing money from his bank account without his permission, will result in a claim for damages under the Harassment Act 1997; as this will constitute a course of conduct designed to cause distress and/or anxiety.

May I take this moment to suggest that you make the refund promptly and put the matter behind you, before this dispute goes any further and the monies involved begin to increase.

Yours faithfully

XXXXXXXXX

Bit rough and ready, but bit busy at the moment :smiley: off to a job interview in a few minutes.

:smiley:

Now that’s what I’m talking about “B1TCH”… Now put that in their pipe and ask them to smoke it !!!

The problem I think you have is your acceptance of option 2. You said:-

"After that I was told I had 2 options;

1 - Go home
2 - Get something for my money

I chose option 2, I had to, I couldn’t justify wasting money by turning up to go home again.
So option 2 consisted of the emergency stop, u-turns, figure of eight, all of the car park element."

By accepting option 2 you have accepted a substitute in the service provided for your fee. It was a crap service and did not get you a CBT certificate at the end of it, but that is never guaranteed even with a reputable training firm. I think you will only be able to get a partial refund if anything at all so the question becomes how much time and energy are you prepared to spend on chasing ~£50

as usual, you’re in the wrong.

read what Kaos has written

Upon arrival on XX of XXXXXXX 201X, Mr XXXXX presented his valid UK licence as required. This licence, despite being valid, was rejected by Liberty MCT, and Mr XXXX was unable to complete his training.
Under section 13 of the Sale of Goods and Services Act 1982 Liberty MCT are required to exercise reasonable care and skill in the provision of the service that you provide. Unfortunately, Liberty MCT failed to exercise reasonable care and skill when they failed to recognise a valid licence.

they have failed to recognise a valid UK licence, therefore the contract is void. whatever training have offered for the money is irrelevant, its not what he paid for.

is it worth £50?

f8ck yeah, especially if its going to avoid another poor soul to go through these bastards and expect to have a decent service.

Go Kaos! Good luck at the interview, Mr My-New-Man-crush!

Playing “Devil’s advocate” here but what happens if they try to make good by means of offering him to reattend/retake his CBT?

(Personally I’d still like to see him & his firm have their DAS training licence revoked, so they can’t screw anyone else)

NiteOwl - as he posted originally, he went and took it elsewhere…I think that would remove the ability for them to offer it to him

Thanks, I saw it. Just thinking of it in terms of a “product”. If I bought something and it was missing a part, took it back but went and bought another before the original shop had a chance to rectify the problem etc?

they had a chance, they told him to F off.
the only smart move they can do now is to refund and maybe find another manager who does know about UK licencing :smiley:

Thanks for all the support guys!

Just a quick update,
I’ve now received a full refund however as far as I’m aware they still have my card details.

Citizens Advice have opened a case with Trading Standards and are now investigating their practice as far as I know.

Also, I left this same review on Yahoo answers and they replied… saying I’ve “manufactured” everything and that I’ve been using fake names to bombard them with call, texts, emails and messages on their website… which is Bollocks!!

Let Trading Standards do their thing. If they’ve had other complaints, it won’t take long for them to build a case to stop them trading.
As others have said, if they take any more money via your debit card details, inform your bank & involve the police.
Well done on getting a refund.

I’m surprised anyone would do business with this company. The T&C are laughable and ultimately irrelevant in the face of the sale of goods act. The attitude of the business owner says it all…

Glad you got the money back!

I had a look at their website- they should be able to check their logs to see if the messages that were sent from different IP addresses.
If they were all sent from one IP address it is easy to see.

It is a weird place with some weird rules … Apparently your not allowed to discuss your training so this whole thread is in breach of Liberty MCT rules . Maybe he was in fight club ?

First rule of Project MCT is; you do NOT question the terms and conditions!