Help Unfair College Charges

iva_happy

Hi
Please could anyone give me any advice on whether a college can charge any student / group of students for damage that was occured.
Background Info:
In Dec 09 all students received an email stating that pen marks had been found on a further 16 chair backs and 4 seats in a lecture theatre with the damage occurring over a 3-4 week period with the culprits unknown or when the pen marks occured exactly. It was advised that 16 chairs would require replacing at a cost of £51.75 (inc Vat) We as a group had not only been in the lecture room a few lessons over that period – due to the date it occurred I vaguely think it may be 2 or 3 times in that 4 week period. On the next visit to the room it was noted that on all the chairs it only appeared 4 pens marks. I sent a email to complain regarding the charges and how can the charges be justified when a strong fabric cleaner would be sufficient. (Having a child I can confirm Biro marks do come out of fabric – so cannot understand why they want to replace each chair!!) The charge is for £5.42 each. Whilst it is not a major amount the principle of the matter is that as HE students we at no time have damaged any property.

A letter of complaint was sent in to the course tutor who accordingly forwarded to Head of Facilites, who has not had the courtesy to email me regarding my comments or even acknowledge my concerns.

As a group we then each received a letter to our home address stating these charges.. TO DATE all members of the group have no paid. Now all students who are residents are being advised that this charge will come off their deposit. Having reviewed the appropriate paperwork I feel that the college are trying to take money off students unjustly.

The college rules states the following:
College Handbook Page 5:
Additional fees
All full-time FE students pay a campus fee. This is £100 for students
attending the Moulton campus and £50 for those based at one of the
Vocational Skills Academies. The fee covers the cost of educational
visits, internal transport, printing, and a host of support services. In
addition, full-time students are required to pay caution money which
is held on deposit against their student account to pay for any nonattributable
damage. The balance of this money remaining at the end of
the year is returned. For resident students this is £150 and for nonresidents
£20

Student Policy review Doc 2008 Page 2:
1.1.15 The caution money will be refunded in full at the end of the academic
yeyear providing that:-
a)No damage to any property belonging to the College has been attributed to
the student, to a particular hostel or to the general student body.
b) No loss of any property belonging to the College has been attributed to the student.
c) the student returns safely to the College all keys which are the property of the College.

At no point has Any NON residental HE student been asked to pay a CAUTION charge. They have now adviseed all Residental HE students that they will be deducting the money from their deposit.

Is this legal and can the college force the students to pay. As a member of the group all 23 students have all agreed that they are not paying as none of us have damaged any propert. We pay HE fees to attend this college which is linked with a university yet we are being branded as vandals.

Any thoughts or knowledge would be a great help.

Thanks

lynzpower

I note no one has answered this.

Funnily enough I was talking a similar issue over with people at Unite group: Question if there is damage caused to the fire alarm or another communal facility in a high traffic area, is there any risk that deductions can be made from the deposit.

Lady from unite said categorically no as there is no proof that any single person/ people are responsible unless cctv can be watched. I did get charged some 11 years ago when the break glass in our halls somewhere was broken calling the fire brigade out.

My own personal take on it would be to allow that deduction and then claim via the small claims court as an unfair deduction at the end of the term. Or I would arrange a meeting with head of facilities, cleaning staff a few of the aggrieved students and you with a bottle of stardrops or whatever you use and show them how to clean it off.

Of course it is the principle. I personally feel that educational establishments can do this as many young people ( bread and butter) dot know the law, dont know how to argue and are by rights, somewhat vulnerable.

Voyager2002

The amount in question is small, and not worth the aggravation involved. And in any case, the College has got you over a barrel since if they say that you owe money at the end of your course, you don't get your certificate.

And if the students don't pay for the damage, then how will it be repaired? By sacking a lecturer and reducing the amount of education provided? Would that be a better solution?

lynzpower

Voyager2002 wrote: »

The amount in question is small, and not worth the aggravation involved. And in any case, the College has got you over a barrel since if they say that you owe money at the end of your course, you don't get your certificate.

And if the students don't pay for the damage, then how will it be repaired? By sacking a lecturer and reducing the amount of education provided? Would that be a better solution?

If they cant prove that you did something- how can they charge?if its in a contract its likely to be an unfair term. I spoke to 3 unis and Unite whyo all agreed that much as theyd like to, they have no way of being able to.

Holding back a certificate on the basis that someone is refusing to pay for damage that they didnt cause,well again, Id suggest this is an unfair term.


OP I would try and get some further advice and.or representation from the Students union.

Voyager2002

Whether it is fair or not, any student who is serious about their studies has better ways to spend their time than making a fuss about a fiver. And the university administration also has better things to do. Taking this any further would just reduce the resource available to provide an education to all students there, and so would make life worse for all concerned.

lynzpower

Voyager2002 wrote: »

Whether it is fair or not, any student who is serious about their studies has better ways to spend their time than making a fuss about a fiver. And the university administration also has better things to do. Taking this any further would just reduce the resource available to provide an education to all students there, and so would make life worse for all concerned.

Are you suggesting that moneysavers just roll over and get ripped off?

Oldernotwiser

lynzpower wrote: »

Are you suggesting that moneysavers just roll over and get ripped off?

When it's only a fiver and it's taking a disproportionate time and effort - yes!

Learning to pick your battles is a very useful skill.

Blacksheep1979

lynzpower wrote: »

Are you suggesting that moneysavers just roll over and get ripped off?

So you spend 15 hours fighting this for £5 and get a reputation at the college as a 'troublemaker' subsequently you may find lecturers less understanding of personal problems and have issues graduating/gaining a certificate.

or

Spend 15 hours working and earn £80+ thus you are over £70 up...