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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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University Course Contractual Dispute

Resolved Question:

My Sister in Law is an overseas student studying in a British University as a PHD Student She has entered into a contract for her studies with the university The University also employ her as a temporary lecturer which is done on a contractual basis which is her sole source of employment The Universities contract was to pay her in fixed instalments at fixed times, but they have not kept to this payment schedule with her payments arriving 2 -3 months late She has not been able to meet the deadlines for paying her university fees , because the university has not paid her on time Now the university have cancelled her course, reported her to the home office and referred her case to a debt collection agency , for the remainder of the fees for a course they have not yet delivered in full She has appealed several times, but it seems that the different departments are unable to communicate effectively and she has been the loser in their bureaucratic incompetence Now she has no , course , and seems to be liable for the universities mistakes, which seem to be at odds with their published literature , in reference to support of students and their welfare


 


What are her rights in this case?

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Just to I understand she owes them for the course but they also owe her for teaching, is that right please?

Customer:

To explain further (as I have investigated further) - These are more pertinent facts
She has entered into an agreement to a payment schedule for her course

Alex Watts :

Ok - so she was due to make payments for her course, that I understand.

Alex Watts :

The university also owe her, is that correct please?

Customer:

She has been offered a 'Dean's Scholarship - in effect a bursary , and as part of the conditions of this she has been giving teaching hours, in return for bursary payments at set intervals , (sorry its not employment contract -I misunderstood)
The payments have not been paid at the intervals they agreed in a printed letter

Customer:

These payments have been 2 or more months late in each case

Alex Watts :

Yes I understand that.

Alex Watts :

What does she want to achieve?

Customer:

To be either reinstated on her course would be the ideal

Customer:

As she is only restricted by working hours that university has arbitrarily set

Customer:

its not the same as Home office ruling

Alex Watts :

So why was she thrown off, because of non payment?

Customer:

yes

Customer:

because they are not paying her on time is the crux

Alex Watts :

So they are not paying her, she is not paying the course?

Customer:

exactly

Customer:

her sister (my wife) and I pay her other expenses and she lives with us

Alex Watts :

Ok - has she appealed the decision?

Customer:

her only required income is to pay for her university fees

Customer:

she has

Alex Watts :

And what happened?

Customer:

they rejected her appeal

Customer:

studying the rejection of the appeal

Customer:

they dont seem to have considered that the late payment is a factor

Customer:

also they say she didnt keep in touch with finance office

Customer:

- she did

Customer:

they didnt make a record

Alex Watts :

Has she complained to the Ombudsman?

Customer:

not yet, ive just pointed that out to her, she wasnt aware uk reules etc

Customer:

rules*

Alex Watts :

OK - she should do that.

Customer:

ok

Alex Watts :

Then the next step is taking it to Court and seeking an Order that she is paid and re-instated on the course.

Alex Watts :

She would need to complete form N!

Alex Watts :

N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

can you clarify what process form n1 starts?

Alex Watts :

That starts the Court process

Customer:

ok, is it small claims - what process is that please?

Alex Watts :

If it is less than £10,000 then it will be a small claim

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Customer:

aha, got you

Alex Watts :

Can I clarify anything else?

Customer:

ok, in terms of her status how long does that claims process take

Customer:

?

Customer:

generally...

Alex Watts :

2-6 months

Customer:

aha, ok thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

ok thank you , thats fine , thank you very much

Alex Watts :

All the best and good luck

Customer:

Thanks a lot

Alex Watts :

Happy to help

Customer:

one more thing...

Customer:

sorry...

Alex Watts :

Yes?

Customer:

They have opened a case with a debt collection agency against her

Alex Watts :

ok

Customer:

essentially they are trying to recover the money they owe her....

Alex Watts :

Yes but once proceedings are issued that will all stop

Alex Watts :

Debt collection agency does not have much power anyway

Customer:

ok, so this is the N1 process?

Alex Watts :

Yes

Customer:

ok, thanks, XXXXX XXXXX notify the university that im starting proceddingagainst them?

Alex Watts :

Yes.

Customer:

ok, great got it

Customer:

Thanks thats fine for now

Alex Watts :

Please remember to leave feedback before you go today

Customer:

sure of course

Alex Watts :

Thank you.

Alex Watts :

Have a good weekend.

Customer:

you too thanks very much

Alex Watts :

Thank you.

Alex Watts :

Thanks - just click a smiley face before you go!

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