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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I am a mature and international student. I applied for a course

Resolved Question:

I am a mature and international student. I applied for a course switch. Initially, my college said yes. Afterwards, they said no. I can not switch. I believe it is about fee. The course I am doing currently is 8,500 pounds. New course is 4,500 pounds. I already paid 6,250 pounds. I need to pay another 1,000 pounds on 20/06/2014. But I do not want to pay the college. Also New course I request will start in July. What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name is***** can assist you with this.

tdlawyer :

Are you trying to switch to a course of lesser value than the one originally enrolled upon?

Customer:

yes, I am

Customer:

I am not happy with current course either.

Customer:

I am far behind other students.

Customer:

I studied accounting before. The new course I wish to switch to is about accounting.

tdlawyer :

Okay. When you signed up for the course, you would have agreed to some terms and conditions.

tdlawyer :

Do you know whether, as set out in those terms and conditions, you're allowed to switch course and if so, on what basis/what terms?

Customer:

Yes, Program leader told me about terms and conditions.

Customer:

She misread the terms and conditions.

Customer:

She said cancellation with registration with the program should be made within 7 days.

Customer:

However, I still register with college

Customer:

There is no cancellation.

Customer:

There are no terms or conditions that I can not switch

tdlawyer :

Okay. If there is nothing about switching, then you would have no right to do it. A contract must give a right to do something, before it can be done. It is not a case of saying "it doesn't stop me, so I can".

tdlawyer :

As the course has started, and the training is being provided to you, I doubt there is likely to be any cancellation entitlement either. You mention that here too. This would be normal for this type of agreement.

Customer:

You are right.

Customer:

It is a 15 month course.

Customer:

If I am not happy with the course, I ask for switch and they say yes

Customer:

They can not just change their mind.

Customer:

They are a college

tdlawyer :

Okay, and when they said yes, for which you might have changed your position, perhaps to your detriment?

Customer:

The college said yes that I can switch

Customer:

why to my detriment?

tdlawyer :

Because that's a legal requirement to raise what is called "estoppel" which might help you.

tdlawyer :

Well, technically, the focus is on "change of position" rather than "detriment", although normally, it would be to your detriment.

Customer:

what can I do? I offer to pay college 4,500 and 1,700 (part of 8,500).

Customer:

I did pay 6,250 pounds.

tdlawyer :

Did you pay money after they said you could switch?

Customer:

I paid 4,250 pounds before coming to the UK. 1,000 pounds on 20/04/2014. another 1000 on 20/05/2014

Customer:

21/05/2014 I e-mailed about 6,250 pounds

Customer:

23/05/2014 the college said I can not switch

Customer:

I went to college ..I realized college tried to make me pay for two courses.

tdlawyer :

When did they say you could switch?

Customer:

15/05/2014

tdlawyer :

So, you paid money AFTER they said you could switch, and before they said you couldn't switch. Correct?

Customer:

yes.

tdlawyer :

And did you only pay that money because they said you could switch?

Customer:

if on 15/05/2014, they said I can not switch

Customer:

on 20/05/2014, I still pay

Customer:

because I do not get deported from this country

Customer:

on 23/05/2014. the college said I can not switch.

Customer:

I went to talk with program leader

Customer:

she said Home office does not care what I study

Customer:

She even laughed at me..e-mailing I paid 1,700 (part of 8,500 pounds)

Customer:

I was really not happy

Customer:

I asked her why the college changed the mind.

Customer:

She said it is too late to switch.

Customer:

I kept saying I was not informed of the time period.

Customer:

The other lady, program coordinator said You never ask

Customer:

20/05/2014, I e-mailed credit control department for the receipt three times

Customer:

No reply

Customer:

21/05/2014 I was told I need to pay full. ..the college will transfer part of 8,500 pounds to another course

Customer:

The college did not mention any exact number

tdlawyer :

Okay.

Customer:

23/05/2014. I said 6,250 pounds is all the college can have from me

tdlawyer :

Then you might be able to argue that you're entitled to switch because of the assurance given to you that you could.

Customer:

on 23/05/2014. the college said I can not transfer

tdlawyer :

You might consider raising an appeal at the college and seeing what the result of that is.

Customer:

how to raise an appeal?

tdlawyer :

Then, if they refuse, I would recommend that you see a solicitor and see whether he can write to them advising that he will institute legal action on your behalf.

tdlawyer :

You need to ask the college how they deal with appeals. They should tell you their process. Normally, though, you would put something in writing asking to appeal their earlier decision that you cannot switch, the internally, it would go to a higher manager etc. to review and consider.

Customer:

which solicitor I should go to?

tdlawyer :

I can't recommend anybody in particular, but any solicitor in your area that deals with litigation should be able to assist you.

Customer:

can you be my solicitor?

tdlawyer :

I'm afraid not, we are restricted to providing information only on this website.

tdlawyer :

It's important that you go and see a solicitor and take advice from him/her on your position and let him see the emails/documents etc.

Customer:

how about on 20/06/2014, do I have to pay?

Customer:

I do not want to pay the college anymore

tdlawyer :

If you don't pay, they might have the ability to cancel the existing course - you need to check the terms and conditions.

Customer:

can I call Home office?

tdlawyer :

You can do whatever you choose to do, but the Home Office isn't going to assist you (I wouldn't have thought) with college enrolment issues.

Customer:

I need to find solicitor as soon as possible

Customer:

thank you for your help

tdlawyer :

You're welcome. Can I just ask whether you're happy with my service tonight?

Customer:

yes. I am happy

tdlawyer :

Great. Thank you, ***** ***** hope you manage to resolve this.

Customer:

thank you.

tdlawyer :

Bye.

Customer:

bye

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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