is a verbal agreement over the phone binding?

[gimpy limp]

The problem is i've booked my cbt a while back for my bike over the phone for one date (18th) then I realised that I had lost the paper part to my driving lincence after doing the theory (they let me do the theory without it but they wont let you take the cbt without it), I rang them up and we rebooked it over the phone to the 27th (I clearly remember speaking to him about changing it to that date and writing it down in notepad whilst on the phone). I remember changing it to that date because I worked out 26th/27th was around 15 days after I rang him leaving plenty of time for the new counterpart to my driving licence to come which it hasn't yet btw (says on the form it can take 15 days).

Well the chap I think he's realised that he's made a mistake or maybe he's just a really bad memory even though he can recognise my voice when I ring (it's the same chap on the phone everytime) and he'll get in trouble with his supervisor I figured so he's saying that I have to rebook/repay with a new frigging date for 17th sept over 4 pooing weeks away all because he made the mistake not me. I need to change my das date aswell now with a different school I booked it with because of this. I've got a card here confirming the original date of the 18th but I rang up and changed it and hadn't recieved a confirmation of the new date in writing. I've rang him up a few times to jog his memory over our conversations but next time I want to ring up and speak to his supervisor with any legal rights I have to a refund on this if their are any. Their basically telling me I should have looked at my card.

Once i've got a refund i'm just boooking it with a different school I think I ain't waiting that long i've already been waiting forever for it.

any thoughts?

culprit's are Cardiff Motorcycle School
https://www.cardiffmotorcycleschool.co.uk/

I haven't been able to contact them msot of the day everytime i ring up i can hear them on the other end but for some reason they can't hear me (keeps saying hello, hello, hello) he better not be doing it on purpose or some heads are gonna get smooshed.
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-=[Sam/b]=- cx500's the only way to travel, we do it in style just like jimmy saville
msn addy - [email protected]
https://pre-auto.com/cx500/rat_and_survival_gallery_2006

[Flip]

Verbal contracts are indeed legally binding.

The hard part is proving what was said/agreed.

[The Old Geeza]

I have to agree with flip here.

Why not just cut your losses, give up on being pissed off about it all and get on with taking your test in good time ?

Believe me, once you pass your test, you won't give a monkey's chuff about any of this. Just put it down to experience, then carry on with your life. Eventually you'll realise it just ain't worth the hassle.

Chin up



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Horse Power was safer when the Horses had it!

[gimpy limp]

yeh I was so wound up over this when he rang me at half 8 this morning to say i should be doing the cbt today and trying to jog his memory that I rang to change it, told him about the credit card problems we had over the phone and asking him about doing it without the counterpart because they let me do that on the theory. I know he remembers all of this because it was onlya week before and I must have rang up about 5/6 times for various things. lil ratbags they are.
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-=[Sam/b]=- cx500's the only way to travel, we do it in style just like jimmy saville
msn addy - [email protected]
https://pre-auto.com/cx500/rat_and_survival_gallery_2006

[The Old Geeza]

[Milo]

It's highly unlikely that the call was recorded but it's normally confirmed numerous times the date required. Then confirmed again before you pay.

If you really want to lie about the situation then it might be worth blagging that you recorded the call on your bells and whistles mobile phone.
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Shaft drives rule.

[ZZRman]

[Motkram]

Verbal agreements do indeed constitute a contract and are 100% legally binding. However they are not worth the paper they are written on.............
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Part-time GSXR1000 pilot>Micron Serpert system+K&N, PC111, Sigma slipper clutch, Brembo m/c+Galfer discs, Gilles rearsets, Translogic Quickshifter.

GP125>GSF400>VFR400NC30>YZF600R>YZFR1(1998)+KLR250>YZFR1(2003)>CBR900RRY>YZFR1(2002)>GSXR1000K1+RGV250

[paulthewitt]

if they dont give a refund do a indemnity claim through the bank if through a direct debit, or a chargeback if payed through a card. they then have to chase you as opposed to the other way around. if you payed cash, it'll be hard.

verbal agreements are binding, but without any proof it is hard to press a case. hence why us insurance companies record calls.

Paul

[Liono]

[Kickstart]

Hi

Irrespective of the legal standing of a verbal contract, surely over the phone bookings make it subject to the distance selling rules and gives you a 14 day cooling off period .

All the best

Keith
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Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[lwflee]

Yes, a verbal agreement can constitute a legally binding contract.

Re Libel, roughly speaking, it is simply defamation that is written down. Roughly speaking, Defamation can occur when you lower the reputation of another person. Lastly, yes, i think relating your experiences on an online forum can constitute defamation.

Note: Not a lawyer! I did a module on Tort Law 2 years ago, so memory is sketchy!

[gimpy limp]

[jimster]

[Wooly R6]

[DAF]

Probably doesn't help you this far down the line but you don't, technically, need your counterpart licence for your CBT.

I lost mine but the theory test centre and bike instructors were prepared to accept a fax from the DVLA (only valid for a month from date of issue) confirming my category entitlements and provisional motorcycle entitlement. Can't remember what the document reference is but you'll find it on DVLA website if you look around for 5 minutes. They charged me £5 for it.

One thing to bear in mind with the above is that guidelines do change and if it's anything other than the norm you might come across a jobsworth individual who who might not be prepared to engage brain and accept it, so check with them first is my advice; one of the guys in the theory test centre didn't want to accept it at first until he saw I was ready to kick up and so reluctantly agreed after consulting a colleague. The DVLA on the other hand were adamant that any test centre should accept it (for both theory and practical), no quibbles. Anyway, given the mixed response I'd only look to use it in an emergency; I forked out for a proper counterpart before my test.
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2005 Yam Fazer (FZ6-S)

[priller]