Tuition fees loan offered by SFE, withdrawn 2 years later.

asnms

Hello all,

First time poster here, please take it easy...

My wife was offered a tuition fee loan for her course starting 12/13, and again in 13/14, but two weeks ago was told an error had been made, and she was not eligible after all.

The reason is that this is her second bachelors degree, but since it is Social Work, we had been advised there was an exemption in place. Apparently not...

Anyway, her previous degree was fully and clearly declared on the application, and SFE accept the error is theirs - but we are now liable for repayment of the £18k already loaned, and payment of next year's tuition!!

We have raised a complaint with SFE, who have advised that they need to see all our bank statements for three months to assess whether we can pay the fees ourselves. WHAT?? The tuition loan was not means tested. Now it seems they want to means-test whether we can afford to fix their mistake for them. Well we cannot. The bank statements will show a hefty overdraft, but the detailed information within is personal and private. Why do SFE need it? Have they the right to tell me to spend less money in Sainsburys? Not to send my kids to clubs?

Had we been told in 2012/13 that no tuition loan was available, she wouldn't have started the course. Simple as that.
This is their mistake (by their own admission) and we should not be required to fix it for them at our expense. If their Ts&Cs stipulate that they can require this, then surely there is a case for a challenge on the basis of unfair contract terms?

I should note that we have informed our MP, and he has dispatched a suitably worded letter.

Anyone else fought this particular battle? Any advice on solicitors that might be willing to take up the battle? Advice/sympathy/cups of tea/whatever gratefully received.

Cheers,

ASNMS

Taiko

I think you'll be fighting a losing battle.

The Education (Student Support) Regulations 2011 state:

Overpayments of fee support

117. (1) Any overpayment of fee support is recoverable by the Secretary of State from—

(a)the academic authority; or
(b)the student in respect of whom the payment of fee support was made.
(2) An overpayment of a fee loan may be recovered from a student under paragraph (1)(b) in whichever one or more of the following ways the Secretary of State considers appropriate in all the circumstances,—

(a)by subtracting the overpayment from any amount of the fee loan which remains to be paid;
(b)by requiring the student to repay the fee loan in accordance with regulations made under section 22 of the 1998 Act;
(c)by taking such other action for the recovery of an overpayment as is available to the Secretary of State.

SFE are bound by the legislation to reassess, even if the error is their own. There is no ability for the fee loan to be reinstated, which would leave your only option as trying to come to an arrangement with the university.

I would avoid solicitors. There is virtually no chance of you having any success.

nimbo

I am a third year social work student who has previously studied. (Started the year before your OH so cheaper fees).

In my first year I received lots of letters saying they would pay then they wouldn't... Each time I called I was told different things - due to the 'exception list' rules... The exception refers only to the maintenance loan elements rather then the grant elements or fee elements...

SFE paid my fees in the second year and then withdrew them half way through my second year placement even though they had already paid them to the university...

The bit I loved the most was they decided they would give me an extra payment to cover the extra loan I would be entitled to as they should have paid me less grant than they did... So I ended up owing the more money than I already did... The logic was truly abounding that week... haha.

After a very stressful appeals process while trying to complete the placement I was able to get them them to reinstate my fees for the second year as I was able to claim personal compelling reasons (or something like that) due to depression while I was at uni previously. I could only get them for one year though as my medical records seem to be missing for an 18 month period from when I was at university so am paying my fees this year...

Unfortunately in the small print of the contract that your wife sigend it says that SFE can recoup their money if they overpay through their own fault...

The VERY nice woman in the finance department at my uni said it happens too often. They get miffed with students who have not applied or not applied in time, but the people who get things messed up for them they are really good with. Has she spoken to the finnce team at the university they may be able to do something to help...

Wouldn't she have been better off applying to do an MSc as it would only have been two years?

Good luck.

icklejulez

Could you apply to your university for financial support? I am a nursing student and I received help in my 1st and 2nd year due to unexpected costs. There is special funds for this known as ALF and a few others. Definitely worth applying.

Indie_Kid

icklejulez wrote: »

Could you apply to your university for financial support? I am a nursing student and I received help in my 1st and 2nd year due to unexpected costs. There is special funds for this known as ALF and a few others. Definitely worth applying.

They may not cover tuition fees.

Taiko

Bit concerned that they offered fee support due to CPR on that social work course. It's the fact you'd have already held an honours degree that would've excluded you, not standard entitlement allocations having run out which is what CPR deals with!

Looks like they then made a further mistake to cancel out their amendments of the original mistake, and it was to your benefit. Strange decision, and was the wrong one, but seems to have been in your benefit.

asnms

Thank you all for your replies. Taiko (1st) - fully understand what the law says, but that doesn't make it fair!
Nimbo - sounds like you are in a very similar position, and I'm glad you got your second year sorted, even though it was stressful. Would you mind telling me what happened about your first year? Did they re-instate that too, or did you have to pay that yourself?
With hindsight the MSc might have been the better option but my wife was concerned about going straight into a masters as her first degree was over 20 years ago.
icklejulez - yes, we will explore these avenues. One of SFE's conditions for "considering" reinstatement is that we have looked at ways to get other people to fix their mistake for them.
Taiko (2nd) - I think you've misunderstood the situation. They offered money, and paid it, and then withdrew the offer. This is most definitely not in our favour.

We have accepted it is necessary to jump through SFE's hoops, and will see what happens. With exam time looming this is stress we can do without.

Taiko

Apologies, my second post was really towards Nimbo, who shouldn't have had funding reinstated. That's what I meant by "in your favour".

SFE have made errors on both. What's happened though was that, in Nimbo's case, the error was to their benefit!

cardiffforthefacup

Doesn't social work fall under the nhs umbrella, in which case the fees would be covered with an nhs bursary.

Taiko

Social Work is an anomaly, in that it's not strictly an NHS bursary in the usual terms, more of a different bursary that happens to be administered by the NHS. SFE would usually pick up the fee side of things for it.

GoldenShadow

I learned a long time ago that students are at the mercy of SFE. They wrongly didn't adjust my finance when I went elsewhere and promised it was justified. I had supplied them with all the relevant info they just hadn't processed it correctly. I had to talk to the appeals people and then got told it was a clerical error and I had wasted my time. Then money just appeared in my bank account and they knew nothing about it. Obviously didn't want to spend it if it wasn't meant to be there but thankfully they rectified what I say was their mistake, even though they could have argued otherwise. I am very thankful it worked out OK in the end. As I said, students are at their mercy really. What they say goes, and they cover their backs very well.