Can they do this? re student grants

[Knakard]

Would really appreciate any advice on this.

My partner went back to uni 5 years ago to re train as a teacher. he did 2 years a ski year to convert his degree and then his pgce year. he is now in his 3rd year teaching.

When he went back to study we didn't take out any student loans but he was entitled to various grants on top of his bursury as he had a dependant (ds). We had to sumbmit papaer work each term re my income and nursery fees ect.

At the end of his 2nd year they wrote to us to say they had done the finally calculation and we had been over paid by £2.5k overt the 2 years. I could see how this could be right as we had submitted everything at the time and my income had not fluctuated.

About a month later we recieved a letter saying actually they had under paid by the £2.5k again several phone calls ensued asking if this was correct ect and the amount was paid into our bank.

Now know how carp they had been we kept the money to one side for 2 years incase it was another error. we finally used it at the start of this year for home renovations thinking we had left it long enough.

last week we recieved a letter to say they had now calculated we had been over paid by £5k (im assuming the origional 2.5 over plus the additional 2.5 paid. Dp has conctaced them and they have said it must be paid back in 12 months. 5k in a year would cripple us at the moment, but they have said we have no choice but some one would call us back this week to discuss options.

Now today a baliff letter has come through demanding the full amaoun now.

Where do we stand with this? can the demand it all back straight away after a series of their cock ups and a 2 year gap?!?

Thanks for any help, sorry its so long.

Did you keep the letter that said you'd been underpaid two years ago? That would be the one I would keep careful hold of and wave in their faces at every opportunity. Quite honestly, if they've gone from 'someone will call you back this week' to bailiffs demanding the full amount they don't sound like they know their arse from their elbow. CAB or even a solicitor might be your best bet in the circumstances

Now I forget the legal details but I think it's Estoppel.

Basically if your financial position has changed (which yours has because you spent it earlier this year in good faith) and you are unable to pay the money back AND reasonably believed it to be yours to spend they would probably struggle to get a court to rule you have to pay it back.

Contact the bailiffs and say the amount is in dispute and all future correspondence will be dealt with by your legal representative.

With the grant people a stiff letter pointing out the above with reference to the correct legal precedent might nip it in the bud. If not, then a solicitor's letter probably would for not very much money.