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Solicitor4All, Solicitor
Category: Law
Satisfied Customers: 7546
Experience:  Director and Principal Solicitor. UK
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I withdrew from my nursing course because of bullying and

Customer Question

I withdrew from my nursing course because of bullying and discrimination, but the student‘s company didn’t tell me that I had to be on the course for 30 weeks in 30 days to be entitled to the Longcourse elements of the maintenance loan, so it’s generate an overpayment of £1027.24 which I don’t think I should have to pay, because a student loans company didn’t tell me what they should’ve told me and the University didn’t either? So I would like to get some legal advice on how to take legal action against Student Loans Company Update fully on a no-win no fee basis?
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by location.
Customer: England
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I feel that the quality of my degree for the first year of which I was in my three year degree for adult nursing wasn’t what it should have been and I didn’t get the value that I was paying over the odds at £9,250 a year. So I want to be able to see if I can take legal action against the University to get my tuition fee loan back from them?
Submitted: 9 days ago.
Category: Law
Expert:  Solicitor4All replied 8 days ago.

Hello there, how do you do? I am Solicitor4All. I am a law expert with over 15years practice. I am here to help you today. Thank you for the inquiry.

Expert:  Solicitor4All replied 8 days ago.
Thank you for your patience. I am sorry to hear of this but if there is a link to terms and conditions of the loan or if you were provided with the hard copy terms and conditions then you will be taken to have read and understood them when you signed for the student loan. In the unlikely event thst this is information not provided with the documents or electronic terms and conditions provided to you when applying for the loan then you can validly challenge the alleged overpayment. If it turns out the information was there but you did not read it you can look to negotiate a repayment plan so you do not end up suffering financial hardship.
Expert:  Solicitor4All replied 8 days ago.

Thank you for contacting just answer and giving us the opportunity to assist you on your question. I hope I have answered your question as clearly as possible and you are welcome to come back with any follow up questions and I will be more than happy to clarify anything for you.

Customer: replied 8 days ago.
Hi there,Thank you for your message back.
I have read the financial documentation from Student Finance England, but they don’t explicitly state that you have to be on any degree course full-time for 30 weeks and three days, and when I rang them up before I quit the course, hence, generating the overpayment of £1027.24, which the student loans company when I called them didn’t mention the fact that I had to be on the course for that time, so I believe that they wilfully misled me.They have misled me before on my previous degree I did Open University to try to get around for A-levels barrier to higher education, and they said that I wouldn’t be affected if I went to a brick and mortar University after doing the initial certificate of higher education with the Open University, and they initially took 2 out of three years funding off me, and gave me year two back when I appealed. So I still lost a whole year. They have done a similar kind of thing with this alleged overpayment they say I now owe. I know I have the option to pay over I think they said 24 months without interest payable on the debt itself, apart from the initial interest that I would’ve signed for when I took out the loan if that makes sense. But that’s not the point, they wouldn’t get away with it if they were a bank. But the fact they are a subsidiary of HMRC they think that they can get away with wilfully misleading people. I think that at best it is negligent of them to have misled me.So I want to know whether or not I could make a claim against them or get them legally to have to write off the debt now allegedly owed by myself to in them in the form over alleged overpayment of maintenance loan because it’s generated an overpayment because I left the course?If you could let me know if there’s any course of legal action that I could take against them and that will be greatly appreciated. I’m already going to be going through their complaints procedure to exhaust the option first. But I want to know if I can take any further option if they don’t play ball and write off the debt?
Customer: replied 8 days ago.
If you could let me know the answers to the above questions, then that would be very appreciated.
Expert:  Solicitor4All replied 8 days ago.

Hi, thank you for your message. I appreciate your questions however with what you have explained you would only defend if they claim the overpayment and only if you are certain there was no mention in the terms and conditions of the loan and implications of not completing the course.

Customer: replied 8 days ago.
I’m pretty sure that the Longcourse loan element of the maintenance loan was not explicitly mentioned in the terms and conditions of the agreement of the loan, when I signed the loan documentation with a student loans company. They have claimed the £1027.24 and insist that I pay it over 24 months.I said just to clarify I take it that I would have to claim, but how would I go about claiming? Would I be able to get a no-win no fee arrangement of some description, because I cannot afford £200-£300 per hour, to get the student has company to cancel the debt on the basis that they didn’t tell me that they didn’t actually explicitly mention that element in the SFE student loan agreement?
Expert:  Solicitor4All replied 8 days ago.

But what do you mean you want to claim? They are claiming the money from you, you do not have a counterclaim so really I don't see that apart from being disgruntled that you are being asked to pay the  money, you would have cause of action to initiate a claim.

Customer: replied 7 days ago.
To reiterate, as there is no mention of the fact that unless students are on the course for more than 30 weeks and three days then surely as they should have stated in their policy documentation when I signed for the student loan thatches was the case and failed to tell me that it was the case to be entitled to the full amount of maintenance loan I wouldn't have quit the course until the 30 weeks and 3 days had elapsed in the first place if aI had known and so that is the reason why I think that they are negligent as they should have told me as it were. So theoretically I could have a defence of not having to pay the £1027.24 that I allegedly owe them. As they should have told me in writing the documentation then I signed the loan and also I spoke to them on the phone twice before including their collections department and they didn't inform me then either that I had to be on the course for 30 weeks and 3 days. So I don't think that I should let them get away with it and cost me outside of the plan 2 repayment plan which I cannot afford to pay even with the 2 year payment plan in place. I shouldn't have to pay it in the first place as I wouldn't have withdrawn from the course in the first place until the 30 weeks and 3 days had elapsed if I had known hence told that it would cost me £1,027.24 to having done so.
Expert:  Solicitor4All replied 7 days ago.

Thank you I appreciate you do write a lot but we are saying the same thing over and over. You have no cause of action to start a claim but you potentially have a defence if the terms and conditions being imposed now where not communicated to you when you took the loan.