Open University (or OUSBA) have ruined my life - can anyone PLEASE HELP

GraJoh

Hello all,

I have seen there are some really helpful people on here and I am having a nightmare (hope this is the right forum).

Last year I registered for a part time course with the OU and applied for a loan through OUSBA to help fund the course (it was about £450). This meat I had a loan (therefore credit agreement) and would pay it monthly to help split the payments.

Almost immediately, my father was diagnosed with cancer. I contacted the OU by phone to say I was not proceeding and I would speak to them next year to rearrange.

Almost 12 months on - and after a few calls back and forth - I have now just had my remortgage declined for a default of £400 on my credit file and a letter from the court about it too.

I have earlier this year followed their complaints procedure as they were asking me for the money in January time and I kept explaining that I want to do the course & I would pay but I just wanted to wait (while my father was ill).

Now, everything has gone wrong....Is there anything I can do?

Many Thanks Graham

Fruit_and_Nut_Case

You've said what YOU want to do. What was the OU's response? You mention a few calls back and forth. Have you anything in writing?

tripled

Registration fees are normally due to be paid on or before the start of the module. So OUBSA would have forwarded the money for your registration to the OU, and you repay OUBSA.

If you cancelled the module before it started, the OU would likely have refunded OUBSA so you wouldn't have owed anything. However, if you defer, OUBSA won't have had a refund from the OU and would still have needed to be paid.

It's exactly the same as if you paid up front on your credit card - if you deferred, it wouldn't have been refunded to your credit card and you couldn't just not make your minimum payments! So OUBSA wouldn't have had a refund either and would expect to be repaid.

What agreement did you have with the OU? If you have something in writing saying you could defer payment or your registration was cancelled and would be refunded you may have a case. If not, it sounds like all you can do is write OUBSA a letter explaining the circumstances and misunderstanding, and hope there is someone who has enough time, authority and compassion to help you out.

nicyooyak

Hi there Graham. I totally sympathise with you as I also have a big problem and am going to court! My case is slightly different as I have studied 7 courses with the OU and was awarded a degree in 2010. I decided to undertake a postgrad in 2012, and due to some very unfortunate circumstances had to withdraw 2 weeks after it started. I heard nothing from them for 1 year when they said I owed them all the money of the course which in total is £ 3100.00! I found the 'unfair consumer contracts law' and quoted it to their solicitor. I heard nothing from them further for another 7 months when they have suddenly started a county court summons, but I am going to fight this all the way it's disgusting and disgraceful and this is the way they treat their own graduates! Basically I don't know what happened to you but check carefully this law as there are 3 fundamental errors they have made. 1. I broke the agreement when I withdrew. 2. They have not obligated the contract as I didn't undertake the course. 3. They are basically saying as a consumer they are withdrawing my cancellation rights. Now as I'm almost at court what happens in my case could greatly affect your position, but first you should quote to them the unfair consumer contracts act. available here as here in group 5.6 it clearly states this is unfair. I've read so much bad stuff about ousba and nobody so far has ever challenged them and they take lots of students to court but I'm going to fight this as I already paid them £800 which I think is a nice sum. I've written to the NUS, Trading standards too.

CKhalvashi

nicyooyak wrote: »

Hi there Graham. I totally sympathise with you as I also have a big problem and am going to court! My case is slightly different as I have studied 7 courses with the OU and was awarded a degree in 2010. I decided to undertake a postgrad in 2012, and due to some very unfortunate circumstances had to withdraw 2 weeks after it started. I heard nothing from them for 1 year when they said I owed them all the money of the course which in total is £ 3100.00! I found the 'unfair consumer contracts law' and quoted it to their solicitor. I heard nothing from them further for another 7 months when they have suddenly started a county court summons, but I am going to fight this all the way it's disgusting and disgraceful and this is the way they treat their own graduates! Basically I don't know what happened to you but check carefully this law as there are 3 fundamental errors they have made. 1. I broke the agreement when I withdrew. 2. They have not obligated the contract as I didn't undertake the course. 3. They are basically saying as a consumer they are withdrawing my cancellation rights. Now as I'm almost at court what happens in my case could greatly affect your position, but first you should quote to them the unfair consumer contracts act. available here as here in group 5.6 it clearly states this is unfair. I've read so much bad stuff about ousba and nobody so far has ever challenged them and they take lots of students to court but I'm going to fight this as I already paid them £800 which I think is a nice sum. I've written to the NUS, Trading standards too.

1. You probably did break the agreement when you withdrew, if it already started.
2. If the answer to 1 is yes, then they were happy to teach you, as you were on the course
3. If you've had tuition, then as you can't give this tuition back, they can withdraw your cancellation rights.

CK

jonnyd281

nicyooyak wrote: »

Hi there Graham. I totally sympathise with you as I also have a big problem and am going to court! My case is slightly different as I have studied 7 courses with the OU and was awarded a degree in 2010. I decided to undertake a postgrad in 2012, and due to some very unfortunate circumstances had to withdraw 2 weeks after it started. I heard nothing from them for 1 year when they said I owed them all the money of the course which in total is £ 3100.00! I found the 'unfair consumer contracts law' and quoted it to their solicitor. I heard nothing from them further for another 7 months when they have suddenly started a county court summons, but I am going to fight this all the way it's disgusting and disgraceful and this is the way they treat their own graduates! Basically I don't know what happened to you but check carefully this law as there are 3 fundamental errors they have made. 1. I broke the agreement when I withdrew. 2. They have not obligated the contract as I didn't undertake the course. 3. They are basically saying as a consumer they are withdrawing my cancellation rights. Now as I'm almost at court what happens in my case could greatly affect your position, but first you should quote to them the unfair consumer contracts act. available here as here in group 5.6 it clearly states this is unfair. I've read so much bad stuff about ousba and nobody so far has ever challenged them and they take lots of students to court but I'm going to fight this as I already paid them £800 which I think is a nice sum. I've written to the NUS, Trading standards too.

The OU has quite specific rules about what happens fees wise when you withdraw from course both before and during a module, two weeks after the module began you will have had all of your materials for the modules..

Gentoo365

GraJoh

For the mortgage you may need to contact the Credit Reference Agencies and state that the amount is disputed. Also when applying for a mortgage explain that you do not believe you owed that money, and it is the subject of a complaint.

You will need to contact the Open University and see what their terms are. If you cancelled prior to the start date then they may have refunded you (or OUSBA) and the loan would either be cancelled or paid off.

However if you deferred then it may be that they just keep the money and in return you do not have to pay any future fee increases. You just join the course at the next start date (or whenever). This means that you have paid, and you do have to pay the loan.

The question is, can you 'cancel' your deferral, and just ask for them to pay back the course fees to OUSBA? If they can do that then you just need to arrange for that, and also (maybe) pay a small amount of interest (which they may waive).

It basically boils down to the fact that you did not cancel, or withdraw from the course, you deferred.

The good news is that the resolution seems quite simple, contact the OU and ask to withdraw, and that the fees are returned to OUSBA. Then contact OUSBA and confirm that the money is being returned and you expect the debt to be settled (or cancelled, or paid off, whatever).

You may also want to ask the mortgage company to review their decision, on the basis that the default is under dispute, and is not representative of your overall financial situation or conduct.