Tweet
Dear All,
I have issued a claim with MCOL to have my College fees refunded by a private College. They have done this to so many students but I want to take a stand as they owe me so much money. I have issued the claim using MCOL and I stated I would serve a separate detailed particulars of claim. Can anyone please check if my draft is ok (xxxxx indicates redacted)
So Many thanks in advance.
Pat
PARTICULARS OF CLAIM
1. The Defendant is a private education College, xxxxxx which is based at xxxxxx. The Claimant paid £xxxxx for a course in xxxxx on xxxxxx.
2. In reliance on this agreement, the Claimant made payment of £xxxxx on xxxxxx as full payment of the course fees.
3. The Claimant was advised when paying the fee that he was eligible to commence the course based upon reviewing his application which clearly detailed his academic history and immigration status. The Claimant was then issued a CAS (confirmation of acceptance of studies) on xxxxxx. This was then submitted with an application to the UKBA (United Kingdom Border Agency) on xxxxxxx, for an extension of the Claimant's student visa. The UKBA refused to grant an extension by way of letter dated xxxxxx citing one of the reasons as being, “For points to be awarded for a valid CAS issued on or after 4 July 2011, the Sponsor must confirm that the course for which the CAS was issued represents academic progress from previous study undertaken during the last period of leave a Tier 4 (General Student).” Clearly the Defendant has failed to discharge its duties as required by the UKBA to ensure that the Claimant’s course represented academic progress. The burden of responsibility of discharging this duty clearly lies with the Defendant and not the Claimant.
4. Despite repeated requests for a full refund to be issued, including personal visits and sending recorded mail dated 9th May 2013, no formal reply has ever been received by the Claimant as to whether a refund will be issued. As such the Claimant has still yet to receive a refund.
5. Accordingly, the Claimant seeks an Order that the Defendant make a full refund of xxxxxxx.
6. In the alternative, the Claimant seeks damages for breach of contract.
7. The Claimant claims interest under section 69 of the County Courts Act 1984 of £230.35 and costs of £100.
I have issued a claim with MCOL to have my College fees refunded by a private College. They have done this to so many students but I want to take a stand as they owe me so much money. I have issued the claim using MCOL and I stated I would serve a separate detailed particulars of claim. Can anyone please check if my draft is ok (xxxxx indicates redacted)
So Many thanks in advance.
Pat
PARTICULARS OF CLAIM
1. The Defendant is a private education College, xxxxxx which is based at xxxxxx. The Claimant paid £xxxxx for a course in xxxxx on xxxxxx.
2. In reliance on this agreement, the Claimant made payment of £xxxxx on xxxxxx as full payment of the course fees.
3. The Claimant was advised when paying the fee that he was eligible to commence the course based upon reviewing his application which clearly detailed his academic history and immigration status. The Claimant was then issued a CAS (confirmation of acceptance of studies) on xxxxxx. This was then submitted with an application to the UKBA (United Kingdom Border Agency) on xxxxxxx, for an extension of the Claimant's student visa. The UKBA refused to grant an extension by way of letter dated xxxxxx citing one of the reasons as being, “For points to be awarded for a valid CAS issued on or after 4 July 2011, the Sponsor must confirm that the course for which the CAS was issued represents academic progress from previous study undertaken during the last period of leave a Tier 4 (General Student).” Clearly the Defendant has failed to discharge its duties as required by the UKBA to ensure that the Claimant’s course represented academic progress. The burden of responsibility of discharging this duty clearly lies with the Defendant and not the Claimant.
4. Despite repeated requests for a full refund to be issued, including personal visits and sending recorded mail dated 9th May 2013, no formal reply has ever been received by the Claimant as to whether a refund will be issued. As such the Claimant has still yet to receive a refund.
5. Accordingly, the Claimant seeks an Order that the Defendant make a full refund of xxxxxxx.
6. In the alternative, the Claimant seeks damages for breach of contract.
7. The Claimant claims interest under section 69 of the County Courts Act 1984 of £230.35 and costs of £100.
