Student Finance England has misled me, is there anything I can do?

nordicsam

Hello people

I want to go to university to do a four-year BA (Hons) degree. I have been unwell for many years so it was not possible for me to do A levels or attend a local college. The university I want to go to recommended I do an Open University Cert.HE and use that qualification to gain admission.

I phoned Student Finance England and asked if I'd still get a full-loan for a BA (Hons) degree even if I took out a loan for a part-time Cert.HE first. They said yes. I must have phoned them at least 5 times to double and triple check that they were sure. I was told repeatedly that it was fine, that I'd get full funding, that in effect I could use my 'gift year' to make up for the lost year of funding. This was the calculation they quoted me: Course length (4 years) - 1 year (Cert.HE) + 1 Gift Year = 4 years.

It now appears that none of this is true and I can't use the 'gift year' in such a way. I am so angry because I gave them every opportunity to tell me the truth, but they didn't. Surely I have grounds for an appeal if they don't award me full funding? I could really use some expert advice, what on Earth should I do?

SuperCat007

I have had exactly the same problem. Try to get in touch with something called 'Tier two processing' they deal with 'complex' claims such as ours! If you use the complaints link on the SFE site your claim will probably be forwarded to them. Don't forget to include your CRN in any correspondence.

I don't believe you can use your gift year like this, but there is a hazy area over the equivalency of OU Cert HE's and first year of 'real' university.

Your problem will be that you technically didn't have the 5 years (4 years + gift year) when you started the Cert HE, even though you were told this was the case. BUT as mentioned above there will also be a debate over whether the OU Cert HE is equivalent to the first year of the degree you're applying for which I imagine is the actual source of your problem (it has been for me, even though I've been told other things were the problem).

What I would do is contact your university and get them to categorically state, in writing, that your OU Cert HE is not equivalent to the first year of your new degree. Send this to SFE, sadly you'll have to phone to get the address and hopefully then you'll be referred to this 'specialist team' to assess your claim.

How long did you take to complete your Cert HE? This is my next problem because SFE are now saying that though there isn't a quibble over equivalency anymore because I took 2 years studying for my PART TIME Cert HE I have 'used up' two years of full time funding i.e. my 3rd year and my gift year.

Do it ASAP before SFE get too busy. Also don't believe a word the telephone operators tell you, a lot are just plain wrong and in future get them to put it in writing to you.

I even have everything in writing and they're still disputing it, but at least I can send all my evidence in and they can't dispute the SLC headed letter or the email from @slc.co.uk

Good luck, I feel for you I'm in exactly the same situation. Please post back because I would be really interested to hear the outcome, it seems to be some rules for one and other rules for others.

SuperCat007

nordicsam wrote: »

Hello people

I want to go to university to do a four-year BA (Hons) degree. I have been unwell for many years so it was not possible for me to do A levels or attend a local college. The university I want to go to recommended I do an Open University Cert.HE and use that qualification to gain admission.

I phoned Student Finance England and asked if I'd still get a full-loan for a BA (Hons) degree even if I took out a loan for a part-time Cert.HE first. They said yes. I must have phoned them at least 5 times to double and triple check that they were sure. I was told repeatedly that it was fine, that I'd get full funding, that in effect I could use my 'gift year' to make up for the lost year of funding. This was the calculation they quoted me: Course length (4 years) - 1 year (Cert.HE) + 1 Gift Year = 4 years.

It now appears that none of this is true and I can't use the 'gift year' in such a way. I am so angry because I gave them every opportunity to tell me the truth, but they didn't. Surely I have grounds for an appeal if they don't award me full funding? I could really use some expert advice, what on Earth should I do?

Sorry should have quoted you so you know I've sent a reply.

nimbo

SuperCat007 wrote: »

How long did you take to complete your Cert HE? This is my next problem because SFE are now saying that though there isn't a quibble over equivalency anymore because I took 2 years studying for my PART TIME Cert HE I have 'used up' two years of full time funding i.e. my 3rd year and my gift year.

The SFE will probably fund the third year - they'll make the first year the one which you need to find the funding for...

And unfortunately there is something in their fine print that states they can withdraw funding whenever they discover they have misquoted the regulations... (they withdrew my funding half way through my second year placement).

It's worth appealing - but try to find a plan B...

Good luck

SuperCat007

nimbo wrote: »

The SFE will probably fund the third year - they'll make the first year the one which you need to find the funding for...

And unfortunately there is something in their fine print that states they can withdraw funding whenever they discover they have misquoted the regulations... (they withdrew my funding half way through my second year placement).

It's worth appealing - but try to find a plan B...

Good luck

Hi, could you let me know where in the T's and C's it says this? I can't seem to find it... Which section or something?

I will wait to see what the outcome is and I will appeal. Especially as it was due to ill health and especially as it hasn't been a problem in the past.

Thanks.

nimbo

Heck knows - I never read them - worlds most often told lie - 'I agree to the T&C's'... And I now have no idea where my paper work is. (sorry)

Was informed of it when I rang the university to ask them what I needed to do... They didn't know of it yet even...

They'd had students try to fight it and basically said as they are affiliated with the government they can make whatever rules they like... It's like trying to fight thee tax man.

They told me I could appeal for the 2 years funding and I was successful for one year.

Taiko

http://www.legislation.gov.uk/uksi/2011/1986/regulation/119/made is the part in the regulations that makes the provision for recovery of overpayments.

The contract wording is something similar to "I agree to repay any amounts paid to me in error"