College Course Fee - liability?

[questioner]

This involves a young pal of mine in his 20s?

 

He went to work for a gardening firm who sent him on a college course. He has since left the firm as it was graft with slave labour and the boss was a dragon.

 

 

College have set solicitors on him for the course fee now.

 

He was given a letter by the firm to give the College saying that the firm would pay for the course. He does not however have a copy of the letter. He had though not signed anything saying he was libel for this fee but now Thomassss Higginssss (that specialise in debts it seems) solicitors are harrying the poor lad to pay up - or else.

 

He’s just writing back to say he never agreed to pay for anything or signed any doc about it. He didn’t even have a contract at the work place.

 

Looks like the college think it will be easier to pursue the lad rather then take on a big garden firm. I have tried to help him but not sure of his rights and am nervous to give him to CAB, although they may help on this perhaps. He's skint and worried about this .

 

HE COULD DO WITH A BIT OF EXPERT INFO TO THROWN BACK AT THEM

[Pinky69]

I would write a letter to the solicitors telling them that his ex-employers were responsible for the fee as it was them who sent him there. If they take him to court I think any judge would rule in his favour.

[Bazooka Boo]

As pinky says, I would write to the Solicitors

THOMAS HIGGINS PARTNERSHIP - Head Office

 

 

Phone Number: 0151 630 8006

Fax Number: 0151 630 8005

Web Site: http://www.thomashiggins.com

Email Address: [email protected] Address:

Capitol Buildings

10 Seaview Road

WALLASEY

MERSEYSIDE

CH45 4TH

Solicitors Regulation Authority - Code of Conduct: contents

 

And clearly state that the course was financed by his previous employer, and was in relation to his previous job also.

 

He is not liable for any of the costs as these were met by his previous employer, he didn't sign any contractual agreement, and he was not informed at any stage by his previous employer nor the college, that he would be liable to meet the cost of the course.

And ask them for a copy of their complaints procedure:D

 

Boo:wink:

[questioner]

Thanks folks - I have sorted this for him and shall let you know if the solicitors come back against him .

 

[questioner]

The solicitors have written back saying they will seek their client's instructions.

 

They also tell my friend to take legal advice if he is unsure of his legal position.

 

So far as he's concerned he signed nothing and the college are libel for the course fee not him.

 

Does he have to write back again to the solicitors?

[Bazooka Boo]

No, just look forward to them saying they have closed their files;)

[questioner]

My pal will like the sound of that.....

[Bazooka Boo]

Although as they are genuine solicitors, you could always ask them for a copy of their complaints procedure, or would they recommend you take up your complaint with the SRA?

 

Solicitors Regulation Authority - Code of Conduct: contents

[questioner]

We may just do that when I get to see my pal and tell him. He is worried about all this but I told him he will be fine.

 

He’s been after a job for ages with no luck and is skint but obviously the college think he’s an easier target to chase for the course fee than the greedy garden centre business that is loaded.Even if they won he would not be able to give them a thing - him and his girlfriend are struggling on coppers to survive.

[questioner]

Five months later and it appears that they have given up as there has been no further contact...........

[Bazooka Boo]

You can but hope! If there has been no contact in the lead up to X-mas I think you can safely say they have lost concentration, and are going after easier prey..

[questioner]

I think you are right as they are on a loser with this ....

[postggj]

But The Question Remains

 

Why Are They Allowed To Con People Like This

 

Using Sols Who Should Know Better

 

If AN EMPLOYER Pays For Traning, You Sign A Documeny Saying If You Leave With In A Prescribed Period, You Will Be Responsable For Repaying Back The Tuition Fees

 

I Did That When I Took My Hgv Test

 

I Believe I Was Given A Term Of Three Years

[questioner]

Justice and fair play are fleeting illusions created by money - grabbing solicitors etc in the UK. Its a huge con and it stinks...

 

Most folks don't realise this until personally affected.

[questioner]

Ho Ho - the solicitor ploy failed to work so they are now trying to press again themselves for the course fee.

[Bazooka Boo]

Bloody ridiculous, either tell them to put or shut up, take him to court and let a judge decide, or butt out and wind their neck in!

 

Time to get the Local MP involved on this I feel?

[questioner]

Latest is that they have now employed a DCA to chase this.

 

How much does it cost a firm to employ a DCA?

[ar_123]

Latest is that they have now employed a DCA to chase this.

 

How much does it cost a firm to employ a DCA?

 

The DCAs often making there money by taking a cut of the debt should it be paid and try adding there own charges on (unenforceable).

[questioner]

Well they won't get much as the alleged debt is so small, below £400, so they will have to work like slaves for every single penny...

 

Quite a task too when they have no signed agreement etc..

 

[Bazooka Boo]

Just tell them the alleged debt is in serious dispute with the previous sols, and they should send it back to them as he is not liable for the course fees.

[Guest HeftyHippo]

a simple thing is to ask the college for a copy of the document where he accepted responsibility for the course fees.

 

He may very well find that he DID sign something eg a registration ducmiment that made him liable for the fees. The key thing then is the document from his employer accepting responsibility for fees.

 

Rather than just going round in a circle saying he is not responsible, he should find out why the college thinks he is. Rather than chase an ex student, a college would much rather chase a business for the money as it will be easier to get money from them rather than a student.

 

Most colleges are not like banks etc where they routinely lie about liability because they cannot find the facts or cannot behave competently or honestly.

 

If the college don't supply a copy of the document making him liable then they are acting as dishonest as the banks, but give them a chance first.

 

Tell the lad not to stick his head in the sand with "I'm not responsible" tell him to verify his position and deal with it

 

A SAR can be done for a college.

 

If the document from his employer has been lost by the college he may be in a very difficult position. He doesn't have a copy himself, cannot prove if any terms were attached (not leaving employment for a time afterwards), and his ex employer is not likely to cooperate in providing a copy.

 

Don't forget, this is not a CCA regulated debt and as such there is likely no regulations on how it is chased

[Bazooka Boo]

I wouldn't even waste ten pounds on a SAR only to find out they don't have the document proving his innocence.

 

Simply reply to the Sols and tell them they need to provide evidence that he does owe this, a simple statement saying that he went on a course which his previous employer sent him on isn't evidence that he is liable.

 

It is exactly the same for any debt, it is not up to the allged debtor to disprove that they own this debt, the onus is firmly in the colleges and sols court, and so far they have provided no evidence that he is liable for it.

[Guest HeftyHippo]

I never suggested he pay £10 at this stage, only that he verify his position by asking the college for a copy of the document where he accepts responsibility for the fees.

 

A SAR could reveal that they have a copy of the employer's letter buried in his file, and could be useful later. It could also reveal other documentation naming the employer as responsible - it is quite common for colleges to have a separate document where someone other than the student is paying the fees - maybe they have one of those incorrectly completed.

[mikexlr8]

subbing.

[questioner]

Well - last summer the college gave the alleged debt to a solicitor. They gave the lad seven days to pay - or else.

 

He told them to sling their hook - they went away

 

Now we have this DCA (that specialises it hunting students) pestering him so what does that tell us?

 

The DCA seems to work on a no win no fee basis so the college thinks it can just sit back and smile.

 

 

The employer who sent him on the college course seems to have told the college that it was not paying

 

 

So the poor lad gets all the aggro

 

He has written to both DCA and College