Aqibk321
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So I really don’t know where to start. During my first year of university I applied for a higher maintenance loan and they requested financial evidence from my mum and dad. I managed to send of the documents through post and was entitled to £8k (I don’t know the exact amount). Now that I am going into second year I was offered £5960 for my maintenance loan and I was curious to why my maintenance loan significantly dropped from last year.

I managed to question student finance about my request and they managed to tell me they didn’t do a financial check as I am going into second year. I then requested for them to do a financial check. 1 week later I received an email saying that I got overpaid from last year so I called again and managed to speak to the team manager about it. From my knowledge the team manager understood why I was overpaid and the team manager clearly stated it was one of the assesers fault . I managed to ask to why the issue occurred in the first place and they told me the assessor only put my mums financial details in instead of placing both my mum and dads financial information.

The original amount I was supposed to receive was £5960 which as been reduced by £3000 so I will only be reviewing £2960. I understand that in the contract it stated any overpayments made would need to be returned however the main issue is that the assessor was the one who made the mistake and it was only until I had to contact them for me to be told that I have been overpaid. I wasn’t notified during the year I was only notified when I requested for a financial check to be done on my maintenance loan. I managed to make a complaint regarding this issue and I find it absurd that I have been overpaid for something that wasn’t my fault. I am due to receive a reply from the team by september 8th and I will be extremely annoyed if my maintenance loan is still going to be deducted. I just want you to know in the contract it does state that any overpayment would need to be refunded but if the assessor made the error him/herself then I refuse to pay like any of you would. Especially when I haven’t been notified until my first academic year was over. The team manager has also stated that it was the first time she’s ever encountered something like this. I just want an idea of what is to come. Whether my maintenance loan would still be deducted or if they would clear the overpayment that was done by them at their own expenses.
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999tigger
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(Original post by Aqibk321)
So I really don’t know where to start. During my first year of university I applied for a higher maintenance loan and they requested financial evidence from my mum and dad. I managed to send of the documents through post and was entitled to £8k (I don’t know the exact amount). Now that I am going into second year I was offered £5960 for my maintenance loan and I was curious to why my maintenance loan significantly dropped from last year.

I managed to question student finance about my request and they managed to tell me they didn’t do a financial check as I am going into second year. I then requested for them to do a financial check. 1 week later I received an email saying that I got overpaid from last year so I called again and managed to speak to the team manager about it. From my knowledge the team manager understood why I was overpaid and the team manager clearly stated it was one of the assesers fault . I managed to ask to why the issue occurred in the first place and they told me the assessor only put my mums financial details in instead of placing both my mum and dads financial information.

The original amount I was supposed to receive was £5960 which as been reduced by £3000 so I will only be reviewing £2960. I understand that in the contract it stated any overpayments made would need to be returned however the main issue is that the assessor was the one who made the mistake and it was only until I had to contact them for me to be told that I have been overpaid. I wasn’t notified during the year I was only notified when I requested for a financial check to be done on my maintenance loan. I managed to make a complaint regarding this issue and I find it absurd that I have been overpaid for something that wasn’t my fault. I am due to receive a reply from the team by september 8th and I will be extremely annoyed if my maintenance loan is still going to be deducted. I just want you to know in the contract it does state that any overpayment would need to be refunded but if the assessor made the error him/herself then I refuse to pay like any of you would. Especially when I haven’t been notified until my first academic year was over. The team manager has also stated that it was the first time she’s ever encountered something like this. I just want an idea of what is to come. Whether my maintenance loan would still be deducted or if they would clear the overpayment that was done by them at their own expenses.
Unusual and its in their discretion how to treat it.
I would say its unfair so they could write it off, but legally it goes down as a mistake, so you received money to which you were not entitled. They have a right to ask for it back and recover it.

What I think would be unfair is to recovery it all at once as this throws you into difficulties.
Maybe they can agree a repayment plan that is feasible or they just move it all to your other student debt.
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Aqibk321
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(Original post by 999tigger)
Unusual and its in their discretion how to treat it.
I would say its unfair so they could write it off, but legally it goes down as a mistake, so you received money to which you were not entitled. They have a right to ask for it back and recover it.

What I think would be unfair is to recovery it all at once as this throws you into difficulties.
Maybe they can agree a repayment plan that is feasible or they just move it all to your other student debt.
I understand that the money I received wasn’t entitled to me but I was made to believe throughout that whole academic year that I am entitled to it without knowing it was a mistake done by the assessors. I believe that this is highly unfair on my side of things as now my maintenance loan has been reduced. This puts me in a situation where I would now have to start working to pay my rent for my accommodation because of their mistakes. It was because of me being unaware that I have been overpaid in the previous academic year that the money that was given to me had went on my rent for that academic year. As an adult if I had any form of idea that I have been overpaid I would have returned the extra funds without hesitation. There current plan is to reduce my maintenance loan by what I have been overpaid. I just think that as a continuing student I have been placed with a huge bundle of stress as now I have to dedicate more hours into working and this will effect my study plans for my second year.
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999tigger
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(Original post by Aqibk321)
I understand that the money I received wasn’t entitled to me but I was made to believe throughout that whole academic year that I am entitled to it without knowing it was a mistake done by the assessors. I believe that this is highly unfair on my side of things as now my maintenance loan has been reduced. This puts me in a situation where I would now have to start working to pay my rent for my accommodation because of their mistakes. It was because of me being unaware that I have been overpaid in the previous academic year that the money that was given to me had went on my rent for that academic year. As an adult if I had any form of idea that I have been overpaid I would have returned the extra funds without hesitation. There current plan is to reduce my maintenance loan by what I have been overpaid. I just think that as a continuing student I have been placed with a huge bundle of stress as now I have to dedicate more hours into working and this will effect my study plans for my second year.
Actually I need to look up the law on mistake. I recall you may be covered or someone else can look it up.
I think theres a case you can quote at them. Not today thopugh.
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999tigger
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(Original post by Aqibk321)
I understand that the money I received wasn’t entitled to me but I was made to believe throughout that whole academic year that I am entitled to it without knowing it was a mistake done by the assessors. I believe that this is highly unfair on my side of things as now my maintenance loan has been reduced. This puts me in a situation where I would now have to start working to pay my rent for my accommodation because of their mistakes. It was because of me being unaware that I have been overpaid in the previous academic year that the money that was given to me had went on my rent for that academic year. As an adult if I had any form of idea that I have been overpaid I would have returned the extra funds without hesitation. There current plan is to reduce my maintenance loan by what I have been overpaid. I just think that as a continuing student I have been placed with a huge bundle of stress as now I have to dedicate more hours into working and this will effect my study plans for my second year.
Hi

Have you heard anything further on this?
Taken me a while to find this thread.
Having thought about it, then I think the mistake is theirs. I believe there are cases under mistake, whereby someone who has reasonable belief they are entitled to the money has been allowed to keep it. These are cases where a bank has made a mistaken payment and the recipient has reasonable belief they are entitled to the money. compared to someone who knows it is a mistake. Obviously you are the former and not the latter.

Whilst they might not be impressed with asking to keep the money, its the second aspect of direct and complete recovery which seems very unjust and I wouldnt be happy with so you should continue to fight it.

What would be a fair compromise is you accepting the money has to be repaid, but moving it to normal student debt and not deducting it from this years allowance as their mistake was going to make it impossible for you to attend uni through no fault of your own. I would probably argue whether I had to repay anything at all, but if its moved to normal student debt then you dont pay anything until you earn over 26k and then its 9% of the excess. repayments are based on how much you earn and not how much you owe.

Let me know how you get on and hope it goes well.
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