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Left Uni - but they are taking me to court over halls of residence fees

My daughter decided to leave her Uni halls of residence at Christmas (2006) She went to relevant person - gave reasons - felt unsafe, all friends had left, other student(different Halls)had attacked fellow student and my daughter was witness for police and he knew where she stayed. Permission was granted in January.
My daughter then emptied room bar TV (couldn't get it home) and emailed Uni several times to find out where to leave key. No reply. Finally tracked down office and handed back key in March. Decided to leave Uni at end of first year.
Out of blue was sent letter asking for full terms money (1212) by credit agency. Spend long time writing to Uni explaining had been given permission. Person who gave permission no longer worked for Uni. Uni had closed e mail account so couldn't prove had it in writing that permission to leave was granted and that had tried in vain to find out where to hand in key. Uni didn't answer any questions and deal with matter - just kept saying - you owe the money.
Went to Citizen's advice who said had done the right things by keeping up communication, but they need to prove money is owed.
Just received letter saying court proceedings taking place.
Any suggestions?
Want to avoid court - should we seek legal advice?
Anyone else experienced similar?
Any help appreciated.
Terized
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Comments

  • Titch89
    Titch89 Posts: 712 Forumite
    If your daughter is under a contract (which she'll more than likely will be) then she will have to continue paying rent up until the contract has finished.
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Titch89 wrote: »
    If your daughter is under a contract (which she'll more than likely will be) then she will have to continue paying rent up until the contract has finished.

    No, because an employee of the university gave her permission to leave because of the exceptional situation she faced.

    Her problem now is producing evidence of that permission. Otherwise it will just be her word against that of the university, although even then I think that a judge would be likely to believe her.
  • terized
    terized Posts: 13 Forumite
    Part of the Furniture Combo Breaker
    Thank you for your info - I will seek legal advice and ask the Uni to provide the e mails from my daughter's Uni email account which they have since closed.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    ask them for the details of the emails and all other information they hold about your daughter under the provisions of the data protection act... SAR.. a subject access request.. you need to enclose £10 and they have a statatory duty tp provide the details in 40 days (send request by recorded delivery and keep a copy )
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  • Blacksheep1979
    Blacksheep1979 Posts: 4,224 Forumite
    1,000 Posts Combo Breaker
    Unless you can get something from someone working in the residential department at the uni you're going to end up paying. As CLAPTON says make a request under the dpa but wouldn't hold your breath.
  • I think you will be made to pay up for the whole term. I know where I stayed in my first year, if you left it was your responsibility to find someone else to move in and you would be responsible for the payment of the rent until that person took it over.
    You are of course under contract and unless you can find written proof that says you will not have to pay then you are going to have to pay
  • Blacksheep1979
    Blacksheep1979 Posts: 4,224 Forumite
    1,000 Posts Combo Breaker
    Your only hope would be that they are meant to minimise their losses by trying to relet the room so if they haven't done that...
  • The_Grandmaster
    The_Grandmaster Posts: 1,424 Forumite
    Part of the Furniture Combo Breaker
    Even though your daughter may have left the university can she still use the student union if it exists to help her fight the battle? They tend to be on the students side (obviously) and do have connections they can use within the university. Also is there a student centre type thing where there's people who work for the students to help out their problems? If such services exist maybe utilise them too. The different departments in the univeristy may be independent so may be beneficial for your problem.
  • Torby
    Torby Posts: 1,704 Forumite
    "Finally tracked down office and handed back key in March"....this was after permission granted in January.....

    I would imagine if you visit the Uni's accomodation website you will find the address for the accomodation office...key...jiffy bag....recorded delivery...covering note with name of person who "agreed" course of action....problem solved.....

    I am trying to be sympathetic in view of the circumstances...but it doesn't appear much of an effort was made to terminate the contract...

    e.g. how many emails went without a reply....did you use "request read receipt"?...

    finally "out of the blue"....you received no other correspondance requesting payment....or you simply ignored anything that came?

    Did the student advise the uni they were leaving...or is it a case that they just went home and ultimately as a result of not showing up for lectures or submitting work...they failed the first year.

    I would have thought that if the uni was notified on a certain date....they may easier accept the fact the halls were vacated on or around that date.

    Finally CAB "Went to Citizen's advice who said had done the right things by keeping up communication"...typical advice but doesn't sound too good... communication: exchange of information....what you have said sounds a bit one sided

    which uni was it...
    I'm now a retired teacher... hooray ...:j

    Those who can do, those who can't, come to me for lessons:cool:

  • olibrofiz
    olibrofiz Posts: 821 Forumite
    Just a thought - I'm just wondering if, as your daughter left her tv in the room, the accommodation office considered the room still occupied. And she stayed on the course till the end of the academic year, June 07?

    I don;t know how other Unis work but I can say that if a student moves out of halls we require them to go to their admin support and complete a change of address form advising of their new termtime address. This form is kept on the student file after the database is updated - this file is not with the accommodation office. If she did this there would be a 'papertrail' with dates etc.

    PM me if you like, see if we can come up with something. Also, regarding the dpa, we would provide what's on the student file - correspondence from anywhere else in the Uni isn't always on it.

    A student doesn;t need permission to leave halls or a course btw.
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