Open University Postgraduate Module loan, contract unlawful under consumer credit act?

RacheyH

The module had one page of information.  The tutor marked modules are aimed at filling in a defunct "manupidea" webpage, and doesn't actually examine the module content, that was materials and manufacturing . You are unable to see this until the course starts. It's like buying a house with a one page estate agent poster - unrealistic to expect you to decide if the content teaches the knowledge that I required in my area of engineering, 

RacheyH

*Effectively defunct.  It was slow, and tedious, and has caused nothing but extremely negative comments regarding its use, structure and purpose. 

waamo

I think you need to see a solicitor about this. To stand any chance of winning you will need to argue points of law and this is not for an amateur. Let us know what the solicitor says. 

normanna

If you thought the description was lacking then you should have sought further information before signing up.  As you say, you have 2 degrees (in a similar subject I'm assuming) so you should have been in a position to ask pertinent questions.  

You cannot just withdraw and expect not to pay the finance.  

If you have a genuine and bona fide reason for not continuing with the course then you can join with other students to raise a concern and formal complaint?  Any recompense (if merited) would be decided and agreed at that point.  You can't use a complaint that has not gone through proper channels to justify not paying the remainder of the course.  You need to keep paying while taking your complaint forward or you could end up with a bad credit rating and so on.  Please do things in the proper way to protect yourself.

RacheyH

The description of the course does not follow the teaching content. You can not see that it deviates from the description until you start. I was saving this module as it should have been my favorite subject content, and instead I (and most of the other students) found it a tedious shell, that was really study skills, and not engineering materials. I. E. It uses the subject area to teach study skills, and is examining the the study skills and not the engineering  
I have fully paid for the module now, I definitely would not have risked my credit rating over this appalling module.

But you should be able to withdraw from the module, or exchange modules, with out fully forfeiting the fee. In all other consumer areas you have that right of cancellation, why has the OU decided they wont comply? 

RacheyH

waamo said:

I think you need to see a solicitor about this. To stand any chance of winning you will need to argue points of law and this is not for an amateur. Let us know what the solicitor says. 

My friend is a trainee barrister and I've been asking her for advise. But I was hoping that some more legally experienced people on here would be able to advise, before I take this to the small claims. I just feel that the OU has written a contract term that is unfair, and "tries" to use a contract term to remove some consumer credit protection. 

MinuteNoodles

My friend is a trainee barrister and I've been asking her for advise.

To quote my solicitor brother....

"<rolleyes> Oh god not one of them again....."

They're a trainee and just because they're doing law doesn't mean they know all law. Law, like medicine, is a vast area where you do a general coverage to give you a basic grounding but then specialise. If she's not a specialist in contractual law and consumer law she'll be about as much use as a chocolate teapot. She'll be able to give you generic advice but there will be no guarantee it's correct.

RacheyH

That's why I'm asking here! She's specialising in family law, and I'm well aware that is a vastly different area to contract law! 

RacheyH

MinuteNoodles said:

My friend is a trainee barrister and I've been asking her for advise.

To quote my solicitor brother....

"<rolleyes> Oh god not one of them again....."

They're a trainee and just because they're doing law doesn't mean they know all law. Law, like medicine, is a vast area where you do a general coverage to give you a basic grounding but then specialise. If she's not a specialist in contractual law and consumer law she'll be about as much use as a chocolate teapot. She'll be able to give you generic advice but there will be no guarantee it's correct.

To make it worst I helped my dad study for his law degree a few years ago, so what triggered all this was the fact I felt the Contract term was a "unfair" addition to the contract.  So nkt knly a trainee barrister, but a lay person who helped someone study for a law degree 🙄😂

waamo

RacheyH said:

That's why I'm asking here! She's specialising in family law, and I'm well aware that is a vastly different area to contract law! 

This isn't a forum that gives free legal advice. You need a professional solicitor not a bunch of well meaning amateurs.

If money is tight you can get free advice by looking here https://www.lawworks.org.uk/legal-advice-individuals/find-legal-advice-clinic-near-you