Any chance of getting a refund on tuition fee?

[cherize]

Hi Everyone,

I am need of an advice regarding a refund that i am trying to get from my college which is more than a year now of chasing them. Here is a summary of it has happened.

I made an application for the extension of my student visa under Tier 4 and got refused last March 2011 after making 3 applications.
First and second applications were invalid due to adminitrative error. First application, HO couldnt take the money out from my account for the HO fees so they couldnt procced with my application. Second, it was returned again due to invalid application form. Third application i got refused due to Maintenance and out of time application so i didnt have any chnace to make an appeal.

After i got the refusal notice, i informed my College straightaway. They asked me to pay the full tuition fee if i decide to make a fresh application again. Out of stupidity and panicking, i paid the college the full amount they were asking which is almost 3 thousand pounds. They havnt even check if i am still eligible enough and do i still meet the criteria to make a fresh application. After paying them, they have issued a new CAS to me.

After CAS was issued to me i did not lodge my application as i was in two halves that time and were not really sure of if i still have the chance to get a visa as its already far too long as an out of time application. (5 months from the time my visa expired). So i decided to seek an advice.
1.) From a UKBA official , they said theres no harm to bang in again a new application but i have to do it the soonest as it is already an out of time application.
2.) Other advice was from a Citizens advice immigration solicitor, they suggested me to collect further evidence first like a letter from the bank manager proving that there was no attempt at all from the UKBA of taking the money out for the HO fees on my application, i have to wait for a period of 28 days again for the money to stay in my bank for my mantainance and a cover letter from the solicitor to bac up my application. I did what the citizens advice were asking me to do.

After i gathered all the documents needed, rules on the immigration for Tier 4 have changed , that all out of time applicants who were refused
are no longer eligible to make a fresh application. I did not qualify then on the criteria for aTier 4 application so i decided to seek an advice from a registered immigration consultant. She advice me then that if i wanted to make an application in the country wihtout going home, i can make an application through FLR (O) under Art. 8 Human Rights , since i am in relation to a British National and expecting a baby. In short, that was our last resort during that for me to legalise my status here.

I informed the College what has happened, that i made an application to a different category and ask for a full refund of the tuiton fee i paid to them but unfortunately they dont want to give the money back. Their defense was, it was in their terms and conditions that there will be NO REFUND for a student who failed to make an application no matter what the circumstances are.
Do you think this is right? They might have stated in their terms and conditions, but i never agreed to it by signing on it. And in in fact, after my tier 4 application were refused, and after giving them the full amount of money, the college did not allow me as well to attend any of my classes. They said i am only allowed to attend the class until i get the visa. So Please, i need you ardvice guys, whoever knows whats my chance of getting a refund.

Your advice is highly appreciated
many Thanks!

[Deviser]

If you never signed anything than take some legal action through a good solicitor. They have to return your money and a good lawyer can easily break their legs in court.

I know many students who get their visa refused and college was not returning the money. They requested alot but college guys was not listening them at all but when they come through solicitor, college immediately refund all money on a first legal notice. Even student from overseas have done this.

[Deepshithole2010]

The college may have unwittingly made you sign on a contract with terms and conditions. Hopefully if you haven't signed anything and just paid the fees than you should be able to have fees refunded,contact a decent solicitor your college will cough up the entire amount or else they may have to end up paying all your legal costs as well which can be more hefty than your college fees.

[cherize]

If you never signed anything than take some legal action through a good solicitor. They have to return your money and a good lawyer can easily break their legs in court.

I know many students who get their visa refused and college was not returning the money. They requested alot but college guys was not listening them at all but when they come through solicitor, college immediately refund all money on a first legal notice. Even student from overseas have done this.

Fortunately i havnt signed anything, i contacted a solicitor to help me in chasing them to give the money back but seems he is not good enough and doesnt know what the defense is. after how many months of waiting for answer from him, he suddenly said that theres no chance that they will refund the money back to me as i am in the middle of the course. But its out of my hands if i was refused and if rules have changed. So i am thinking now of getting another solicitor or fight it for myself. As its costig a fortune getting a solicitor too.

[cherize]

The college may have unwittingly made you sign on a contract with terms and conditions. Hopefully if you haven't signed anything and just paid the fees than you should be able to have fees refunded,contact a decent solicitor your college will cough up the entire amount or else they may have to end up paying all your legal costs as well which can be more hefty than your college fees.

I never signed on a contract agreeing to their terms and conditions. Anyone could suggest a solicitor who deals with cases like this?

[raveen26]

havnt read you post properly though and dont knw under what clause you trying to sue the college and can you also share the name of the college.
Regarding taking the college to court, there are small claims court and tribunals where you can represent yourself and sort the claims matter upto 50k or something , well not sure about the limits.

if your defence is strong you can represent yourself and initially college would not agree as they they might underestimate you for representing yourself and may ask you to withdraw your case giving different reasons but definitely college takes these matters seriously and would try their best to resolve matter because they got more to loose. more or less all you loose is fees but if college loose then it could damage its reputation and fears arises other student in similar situations could sue them in future for similar matters.

well not an expert but this is all i could advice you but before you take them to court you can send them letter before to negotiate and mention if they dont then what you are planning to do

[cherize]

[quote="raveen26"]havnt read you post properly though and dont knw under what clause you trying to sue the college and can you also share the name of the college.
Regarding taking the college to court, there are small claims court and tribunals where you can represent yourself and sort the claims matter upto 50k or something , well not sure about the limits.

if your defence is strong you can represent yourself and initially college would not agree as they they might underestimate you for representing yourself and may ask you to withdraw your case giving different reasons but definitely college takes these matters seriously and would try their best to resolve matter because they got more to loose. more or less all you loose is fees but if college loose then it could damage its reputation and fears arises other student in similar situations could sue them in future for similar matters.

I did everything as much as i can, my solicitor who is dealing with my other application even wrote to them, saying if they could give all the money back thatt i paid to them since i switch to other type of application. but they just responded by saying, its their solicitor who will deal with this case not them. In short someone is representing on their behalf to deal with this matter. But its almost a year now and nothing happened. I asked another solicitor who deals with cases like this, but seems i have a chosen a wrong one as he doesnt even know what his defense is. So i am thinking of representing myself instead.

I beleive that i have a strong defense as i never signed in agreement to their terms and conditions which is NO REFUND policy , paid the full amount of tuiton fee after i was refused and never submit a new application as immigration rules have changed. Do i still have a chance even if there is new administration already on the college? I was thinking of reporting them to a higher institution who gives license to colleges to sponsor students but i dont know if this is the right thing to do. i really need your good advice guys as its not just a small amount of money i paid to them. The name of the College is Impact International College.

[chengfutai0509]

you take them to court you can send them letter before to negotiate and mention if they dont then what you are planning to do

[cherize]

you take them to court you can send them letter before to negotiate and mention if they dont then what you are planning to do

I have spoken with the principal many times and he said they are ready to face us in court. I did even try to negotiate with him and said if we could sort it out before thngs go worse. But he is very hard headed and not willing to refund the money.