Suing my University

badger._2

Are solicitors that desperate for business now?

alanshave

Cheers for the advice guys, all informative and interesting stuff.

I am not yet sure if I intend to take any action against my uni and if I did then it would merely be through the small claims court. The original problem is to do with the University changing the way it charges for 'dirty' kitchens!!! LOL. To cut a long story short they are now charging £30 to clean a kitchen for a maximum of 30 minutes work. Now I'm no expert but even I can tell that the accomodation contract I signed does not allow for increases such as this for something that they determine the outcome of. Infact the contract refers to a number of points that have been omitted from the document at some point or another!

Now they only owe me £100 or so from my deposit but it's a matter of principal. The first plan is to send them a letter demanding the return of these 'charges', almost along the same principle as the bank charges scenario, plus showing the gaps in the signed accomodation contract. I want to threaten the small claims court.

Another question!! How much would I be liable to pay the Uni if I carried out my threat, took them to small claims court, and lost?

Oh and the thought of suing the Uni over the lecturer strike is an interesting one, it's certainly something that is really affecting quite a few of us at my Uni. Which is the University of Wolverhampton to answer your queiries.

Cheers again, Alan.

madfrenchgirl

so let me get this straight: your kitchen was dirty and they charged you 30 quid, but you dont want to pay for it?

sorry, i f I sound a tad harsh but if you and your flatmates had cleaned, it should not have happened.

and before you ask: yes I lived in a pigsty for my 1st year of uni with 7 other flatmates who were rude and racist (ignoring me completely when I was in the kitchen, not even saying hello, and talking about me while I was int he same room, thinking I could not understand).

The state of the kitchen was so bad I thought we were going to get a fine for it (bugs crawling on worktops covered with pans full of decomposing food). They were so lazy that instead of cleaning their own pots and plates, they just nicked mines.

After my own experience, I dubt that uni would charge you 30 quid over a couple of crumbs.

[Deleted User]

Alan,

Here's a basic rule of thumb for everyone: You shouldn't expect your deposit back from university accommodation. I don't think I ever did.

Now, this all reminds me of 'ringo_24601 Vs Liverpool University (1999)' when I was 'asked' for 100 pounds by my ex-halls of residence for 'alleged trespass'. I didn't go down the official legal route - it's not a good idea to do that if you're still at the said institution.

My advice is to use the university's own systems against it. Get hold of the official rules and regulations … this might help you off:

http://www.asp.wlv.ac.uk/Level2.asp?UserType=9&Subsection=320

Make an official complaint through the proper channels. Keep copies of all letters received and sent, you may want to talk to the student union about it and keep them 'in the loop' about it all.

Also, look up the laws regarding renting properties. You may find that the landlord is required by law to provide receipts for all deductions from the deposit. Here's another url:

http://www.adviceguide.org.uk/n6w/index/family_parent/housing/tenancy_agreements.htm

You may also want to talk to the Citizens Advice Bureau.. Here's an article they published on their website about landlords withholding deposits:

http://www.citizensadvice.org.uk/winnn6/index/pressoffice/press_index/press-031110.htm

Allow the university to have a proper stay but hold your ground unless they can provide very good reasons for withholding your deposit for you personally, not for the students staying in your accommodation.

I wouldn't bother with this for 30 quid personally, maybe for 100.

digp

hanspam wrote:

firms of solicitors are visiting universities encouraging the students to sue.

that must be just rubbish, because that sort of behavior is prohibited by the rules of conduct and more crucially the university could plead "force majeur". i do not think the courts would permit such lawsuits relating to non-delivery of "services" because of industrial action so long as the industrial action complied with trade union law.

go4it

alanshave wrote:

The original problem is to do with the University changing the way it charges for 'dirty' kitchens!!! .

What applies to 'bank charges' does not apply to everyday life. The cleaning of kitchens is a skill, needs specialist products, which must be paid for. Look through the contract and take up any points, but at least you got accommodation. Years ago i was refused accommodation at Leeds Met on the basis I lived too close (Sheffield! - a good hour away). I was told this at the end of August, had to find a house, messed up my course as was unsettled, and in response the uni chucked me off the course. as a result, I went to the proper uni, got on the degree there, and graduated three years later with honours etc.

alanshave

Some points.

Madfrenchgirl - Trust me the kitchen is never that dirty. Unfortunately we have an Indian chap living in the corridor who invites friends round every night but doesn't understand english! We've tried and the uni have tried to explain the situation but nothing changes. So when kitchen inspections take place over holidays we all get charged, even when we are not there.

Ringo - Cheers for the advice, makes for some interesting reading. It is for roughly £100, and likely that if I am successful then many others on campus would want to do the same.

Go4it - Some of the same 'bank charge' laws are applicable to this situation though, for example the Unlawful Charges Act 1977.

Cheers once again.

pickle

badger. wrote:

A university is very similar to any sort of business, thus, the ability to sue, and be sued.

There's been a number of cases recently, notably the case of a Kent student, who was caught up on plagiarism the day before his final exam. He's arguing the guidlines weren't clear, retrospectively giving him the permission to continue stealing paragraphs.

Firstly, think about what you're suing for. A university has extensive legal capacities, and whilst cases are on the up, success isn't. If you're going to small claims court, remember your prospects are limited. Although perfect if your trying to reclaim tuition fees, (popular amongst small claims...)

If you post your argument, maybe I could help further...

I can't believe a student would sue a university for catching them plagiarising - unbelievable!!!! When I went to uni you were pretty lucky you weren't instantly expelled from the university for such conduct. If you were caught you'd hang your head in shame, not that I ever knew anyone who was caught as we were far too petrified to do something as blatant as that! What has happened for such a shift in attitude???? As for suing the university the question is "How deep are your pockets" and if you lose you could end up paying their costs as well as your own. It's a gamble. If the solicitors are prepared to do it pro bono then you've nothing to lose.

melancholly

pickle wrote:

What has happened for such a shift in attitude????

students are now "customers" after the introduction of fees?! people's expectations have seriously (and noticeably) shifted - understandably in many cases - since they're paying so much now.

alan - any chance you can ask to be present for the next inspection so that they set a time when you know the kitchen will be clean, then they can see it's not you? it might solve things without escalating everything?

surfcat

pickle wrote:

As for suing the university the question is "How deep are your pockets" and if you lose you could end up paying their costs as well as your own.

No, small claims court claims do not incur their costs if you lose.