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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am in need of advice on how to appeal the revocation and

Customer Question

I am in need of advice on how to appeal the revocation and reversal of my STUDENT FINANCE LOAN.
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you.Could you please explain your situation a little more?Alex
Customer: replied 9 months ago.
I have been living in Harlow with my now 10 year old daughter since April 2006. I am a family member of an EEA citizen. My husband is Portuguese and I am a Nigerian. I have a 5 year residence and work permit that covers between May 2012 and April 2017. Currently studying Business Information Systems at the Anglia Ruskin University - at the University Centre Harlow. I am in the third and final year of my program of study, which I started in September 2013. My husband is a student as well, studying Business Management at the London School of Business and Management; and he currently works part-time. Together, we have a four year old daughter, and I have a 10 year daughter from a previous relationship.I have received financial support from Student Finance England for tuition fees and maintenance for this program, but has just been cancelled, and the fees paid so far to the University reversed. According to Student Finance England, I should have been “ORDINARILY RESIDENT” in the UK for the 3 year period before the first day of the first academic year of the course. At the start of my course, I sent all my documentations, which were approved. At that, time I did not know that “ORDINARILY RESIDENT” meant that I am ordinarily resident from when I got my RESIDENCE AND WORK PERMIT in May 2012. This was explained to me on phone today when I called to ask why my entitlements were cancelled. Nothing on the STUDENT FINANCE form or the required evidence indicated anything like "ordinarily resident". The decision to cancel my student finance has left me disoriented, and unable to focus on the program which I am so looking forward to finish in the summer. And my results so far indicate that I have the potential to finish with a First Class Honours.First, I asked for the support of the MP in my area in my first appeal, and I got this the following message from him on Friday:"HALFON, Robert
To***@******.***
Feb 12 at 12:45 PMDear Ms TorunarighaThank you for contacting me regarding your problem with your Student Finance award. Please see below the reply that I have received from Student Finance. It would appear that they have not applied the rules requiring evidence of residency as rigorously as they should have, which is why you received the award initially when, if the rules had been applied correctly, you probably would not have received it.However, as you will see, your case has been passed to the Formal Appeals Team who may regard it favourably. Unfortunately I am unable to influence their decision.Very best wishesRobert---------- Forwarded message ----------
From: Darlington Complaints
Date: 10 February 2016 at 15:04
Subject: Student Finance England: Feizia Eunice Torunarigha - 96784/16/RS
To:***@******.***Our Ref: 96784/16/RS10 February 2016Dear Mr HalfonRe: Feizia Eunice Torunarigha
Customer Reference Number: ***********
Thank you for your email dated 5 February 2016 regarding the handling of your constituent's student finance application. I am sorry to learn of the distress Ms Torunarigha has experienced in relation to the recent reassessment of her student finance applications for the 2013/14, 2014/15 and 2015/16 academic years.Having reviewed Ms Torunarigha's account, I can confirm that she has previously been assessed on the understanding that she lawfully resided in the UK for the three year period prior to the start of her course. Until recently, the team responsible for assessing applicants who are applying on the basis of being the spouse of a migrant worker did not verify the applicant's residency status via the Home Office and granted support based on the details provided.However, the guidance for this department has changed and they are now required to obtain evidence to show the student held a valid residency status for the full three year period. Following a Home Office check to verify Ms Torunarigha's residency status, it was confirmed that she was only granted a residence card as a dependant of an EEA national on 9 May 2012, which is valid until 9 May 2017. Prior to this, Ms Torunarigha did not hold a valid status in the UK as her visitors Visa expired on 19 April
2007 and no further applications for residency were approved until 9 May 2012. Therefore, Ms Torunarigha is ineligible for financial support and her applications have been reassessed to reflect this. Regrettably, until recently, the student finance regulations were not applied as they should have been and due to this I have ensured that the details Ms Torunarigha
has provided you with have been forwarded to our Formal Appeals Team for consideration.I trust I have provided clarity on this matter. Please contact me on the details provided below should you require anything further.Yours sincerely***** *****
Customer Relations OfficerStudent Loans Company Limited"Today, I received a reply from the STUDENT FINANCE APPEALS TEAM as attached.
Customer: replied 9 months ago.
I just want to know if there is any need to move forward to STAGE 2 of the appeals process, based on the response from the STAGE 1.Thank you.
Expert:  Ash replied 9 months ago.
Do you accept that you no longer meet the criteria?
Customer: replied 9 months ago.
I do now. But there was no indication of the "ordinarily resident" clause on any of their of the STUDENT FINAE APPLICATION FORMS OR GUIDELINES. I would have waited paitently for when I would have met the criteria. Because, honestly, I do not know what to do now. I have got just 2 moths to finish the program. My question is - does it not matter that they were not rigorous enough as they admitted, or that it doesn't matter as long as I find out now or at any other time.
Customer: replied 9 months ago.
I just want to know if there is any basis for the stage 2 of the appeal.
Thank you.
Expert:  Ash replied 9 months ago.
Sadly not. If you don't meet the guidelines then sadly you are not entitled to it. If they did not publish the rules or guidance that is unfortunate and I can see why you are upset, but the fact remains you were never entitled to it.What you could do is appeal and then say you placed reliance upon their own published guidelines and rules and as such, as they are professionals you sought reliance and therefore they should be bound.But you need to be 100% sure these rules are not published in any way whatsoever.That is your only basis of appeal.They didnt publish the guidelines/rules and you relied upon what they said/did.Can I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
Ok. Thank you very much for that. I am 100% sure these rules are not published in any way whatsoever.
Thanks for your help.
Customer: replied 9 months ago.
That was all I needed clarification on today.Thank you.
Expert:  Ash replied 9 months ago.
I am sorry its not better news, but that is your only point of appeal.Good luck.AlexIf this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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