QLD Sponsor signed a contract stating he would pay for my tuition, but is now not communicating

[ebony6517]

I am supposed to start studying at an overseas university next month. My application was recently processed with immigration and the invoice from the university for the advanced payment was sent to me yesterday.

My problem is with my mentor/employer/family friend who persuaded me to apply for uni in the first place, as he said his company would pay for my tuition as long as I come to work for him once I settle into my classes. I have not been able to get in touch with him at all lately.

Since I have received the invoice for the advanced payment, he needs to pay within a week as he agreed on the contract. I have been messaging him regularly for the past 2 months just to stay in touch and keep him up to date on the application, but he barely responded. I've been trying to call him for the past 2 weeks in order to have a proper discussion but for whatever reason he does not pick up. As of today I have been calling him every few hours without success, and the strange thing is I can clearly see he is online on Facebook. For some reason, he is aware that I am trying to contact him but choosing to ignore it.

I know nothing about my legal options here. Is this perhaps classified as breach of contract? He has signed a 'Letter of Sponsorship' form that I received from the university which states that he agrees to pay for my tuition and any other school fees. That is the only written agreement I have. Is that contract legally binding?

 

[Scruff]

I'll state up front here that I can't help much, but I will ask a couple of questions that may assist others in helping you:

1. In regard to an agreement (which you refer to as a contract) to pay for tuition - was it verbal or in writing?
2. Were there any conditions relating to the agreement?
3. If the agreement was verbal (and I ask that you consider this very carefully) - do you believe a reasonable person would consider what was said as indicating "an intent to pay", possibly depending on conditions or "an agreement to pay", possibly depending on conditions?

The wording is very important either way - whether it was verbal or in writing.

 

[ebony6517]

I'll state up front here that I can't help much, but I will ask a couple of questions that may assist others in helping you:

1. In regard to an agreement (which you refer to as a contract) to pay for tuition - was it verbal or in writing?
2. Were there any conditions relating to the agreement?
3. If the agreement was verbal (and I ask that you consider this very carefully) - do you believe a reasonable person would consider what was said as indicating "an intent to pay", possibly depending on conditions or "an agreement to pay", possibly depending on conditions?

The wording is very important either way - whether it was verbal or in writing.

Thank you for your reply.

It is a written agreement. I did not create it myself; it is an official form I received from the university to fill out when applying. Basically they ask when you apply how you would like to pay. If someone else is paying your tuition (a parent, an employer, etc) then that person needs to fill out a form that states they agree to pay the tuition of the student applying. It is a simple one-page document with the agreement, his contact details, annual income and signature.

There were no conditions. I believe it is for the university's records. Along with that completed form, my sponsor also had to submit his bank statement showing that he had enough funds to pay for said tuition. He submitted all of that with no problem. That is why it is very strange to me that he is suddenly not communicating.

 

[ebony6517]

3. If the agreement was verbal (and I ask that you consider this very carefully) - do you believe a reasonable person would consider what was said as indicating "an intent to pay", possibly depending on conditions or "an agreement to pay", possibly depending on conditions?

The wording is very important either way - whether it was verbal or in writing.

In regards to the wording, I will quote the written agreement word-for-word as I have it now in front of me:

"I have reviewed the associated costs of attending [University name] and agree that I will provide full or partial financial support for tuition and mandatory student fees, mandatory medical health insurance, room and board and other personal living expenses for the above-identified student, for as long as the student is enrolled at [University name]."

So I would like to correct myself; I believe the conditions you asked about are 'for as long as the student is enrolled'. I am currently accepted and enrolled and have every intention of attending classes, so I don't think that should be a problem. I would say this wording indicates an agreement to pay, rather than an intent to pay... Thank you for bringing this to my attention

Any other help would be greatly appreciated!

 

[Scruff]

Okay, I think this one's a bit out of my scope, but I think you've provided enough info now for the pros to offer some valued opinion. Just hang tight and you'll get some more helpful responses before too long.

It does look to me though, that there is definately a binding contract between the university and the sponsor.

 

[Rod]

Overseas employer? Or is the employer in Australia?

 

[ebony6517]

Overseas employer? Or is the employer in Australia?

An overseas employer. He is a Canadian citizen but he is living and doing business in Japan.
This probably makes things a bit more difficult, I'm guessing...

 

[Rod]

Yep.

Overseas employer, overseas uni. No jurisdiction here.

 

[ebony6517]

Yep.

Overseas employer, overseas uni. No jurisdiction here.

Ah I see. And since the contract is binding between the uni and the sponsor, and I am more of a third-party, it seems I may have to go through the uni's legal channels for help...
Thank you for the input