Hi Claire

Perhaps you (and others who meet the same attitude) might want to point the
relevant officers to the OFT's Unfair Contract Terms bulletins which record
a number of instances where the OFT has got HEIs to change terms in standard
contracts. I don't think there has been one about this precise issue, but
they show the OFT's view that HEIs cannot use as a sanction in one contract
withholding of services provided under another (and HEI realisation that
they couldn't hold the line on this). For example:

http://www.oft.gov.uk/NR/rdonlyres/EAE372F5-C0BC-479A-83BB-8D6BC43FC264/0/of
t686.pdf

See page 141 (refers to terms in the UWE's accommodation contract)

Regulation 5: allowed the University potentially unfair enforcement powers
by permitting it to withhold tuition and access to the University's
facilities in the event of any breach of the terms and conditions.

http://www.oft.gov.uk/NR/rdonlyres/79D156F1-46E6-4EC6-90FB-84DF717B748C/0/of
t656.pdf

See page 52 re Kingston University:

Potentially denied students the results of an assessment because the fees
relating to another course had not been
paid.
Revised so that written confirmation of results will not be provided only if
the student is in 'poor financial standing' in relation to that particular
course.

The cases which feature in these bulletins arise from actions by Trading
Standards. Regrettably, and for reasons I cannot comprehend, West Yorkshire
Trading Standards has opted out of enforcing the Regulations, as they are
able to do. Students could still use the regulations for themselves if the
necessity arose of going to court, but obviously this puts them in a weaker
position if HEIs decide to play hardball.

Best wishes

Paul

> -----Original Message-----
> From: Claire Shanks [SMTP:[log in to unmask]]
> Sent: Monday, March 22, 2004 12:07 PM
> To:   [log in to unmask]
> Subject:      Re: Practical implications of loaning equipment....and it
> being s tolen.
>
> Hi Paul,
>
> As far as I am aware, the Student Finance Office will meet with the
> student and arrange a payment plan with them in order to pay for the
> costs of repair/loss/damage to any item loaned to them.  We have had
> many discussions with the university insurance office and legal officer
> and as far as their concerned, there doesn't seem to be an issue, but it
> may be worth investigating further - not that I don't trust insurance or
> legal personnel!!!
>
> With best wishes
> Claire
>
> Disability Support Manager
> Disability Support Service
> University of Huddersfield
> Queensgate
> Huddersfield
> HD1 3DH
>
> Tel:   01484 473940
> Fax:  01484 472560
>
>