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Goods & Services Act

including wills and probate
paradigm
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Goods & Services Act

#239241

Postby paradigm » July 25th, 2019, 2:51 pm

Does anyone know whether the Supply of Goods and Services Act (1982) might apply to services provided as part of college/university courses?

The situation I have been asked about relates to assessed work that has been clearly incorrectly assessed and rediculous feedback comments returned after 2 months having been taken for marking. On complaint, there is a £10 fee being demanded for reassessment whereby I would contend that the assessment should have been done correctly in the first place and there should be no fee. The student handbook says little about appeals or any fees.

Could it be argued that the 'Services fit for purchase ' part of the legislation would be applicable here and thus obviate the charge? Or is there a letout for higher education academic services? Thanks to all.

chas49
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Re: Goods & Services Act

#239276

Postby chas49 » July 25th, 2019, 4:07 pm

The Supply of Goods and Services Act was replaced by the Consumer Rights Act 2015 which came into effect on 1 October 2015. Assuming that you started your course (or signed up for it) on or after that date, that will be the legislation to look at.

According to this guidance (https://www.gov.uk/government/publicati ... -providers) which was published just before the CRA was made law, your relationship with a university is indeed governed by consumer protection laws.

Hope this helps

gryffron
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Re: Goods & Services Act

#239278

Postby gryffron » July 25th, 2019, 4:13 pm

I think you'd have more luck with the more up to date Consumer Rights Act 2015. [edit]snap[/edit]

This document discusses regulations which apply to the Student/University contract (albeit from their perspective)
https://www.universitiesuk.ac.uk/policy ... sities.pdf
The primary consumer rights legislation that applies to universities is as follows:
 Consumer Protection from Unfair Trading Regulations 2008 (CPRS):
 Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:
 Consumer Rights Act 2015 (CRA)

A bit more detail on what each law covers if you read the pdf.

Gryff

paradigm
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Re: Goods & Services Act

#240321

Postby paradigm » July 29th, 2019, 10:44 pm

Many thanks to both for highlighting the CPA (2015) - I had not quite appreciated the change.

I suppose the body to complain to would be Trading Standards. I suspect this might be an unusual case for them and I wonder how they might handle it.

dspp
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Re: Goods & Services Act

#240526

Postby dspp » July 30th, 2019, 4:03 pm

Wasn't there a court case recently regarding mickey mouse degrees, and the student won £61k in an out of court settlement:

https://www.independent.co.uk/news/educ ... 50441.html
https://www.theguardian.com/uk-news/201 ... -her-costs

It might be worth investigating this further.

regards, dspp

munger
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Re: Goods & Services Act

#242008

Postby munger » August 6th, 2019, 3:20 am

forget about SGSA for now. Go to the OIA / OLAHE as your first step to getting a remedy.

www[.]oiahe[.]org[.]uk/resources-and-publications/case-summaries/progression-regulations-pi071903/

paradigm
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Re: Goods & Services Act

#281726

Postby paradigm » February 2nd, 2020, 12:56 pm

munger:

Thanks for your excellent suggestion.

Unfortunately the college in question is not a member of the OIA/OIAHE scheme and therefore this route cannot be taken in this case.


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