On March 26, a three-day suspension notice was issued among the students of Shenzhen English Training Institute. But until now, the three campuses of the English Language Institute have been closed. According to the studentsspontaneous statistics, under the circumstance of incomplete statistics, it has been found that more than 350 people have been affected and the amount of money has exceeded tens of millions. The students asked for a refund, but until the evening of April 10, there was no specific solution for the English aspect of the speaker.
Staff announce a three-day suspension in the student group.
Learning software is also not logged in
In June 2018, Ms. Yang, a Shenzhen citizen, enrolled in a two-year course, including online and offline courses, in the campus of Wanke Square, Longgang District, for a total of 46800 yuan.
At 9:11 a.m. on March 26, 2019, the students in Longgang Vanke Square Campus of Yankee English are still choosing classes in the group normally. At 9:13, the speaker English staff issued a notice in the group, saying that due to the internal rectification of the company, the temporary holidays of March 26-28 lasted for three days, and returned to normal after three days. But three days later, the course still did not resume.
According to public information, the speaker was founded in 2014, mainly engaged in adult English training. At present, it has three campuses, Longhua, Longgang Vanke Plaza and Longgang Dafen. The suspension also includes Longhua Campus and Dafen Campus.
Some students told Nandu reporters that according to the current statistics, more than 350 people were affected in the three campuses, which is still in the absence of complete statistics. At present, most of the students think that guest English has been unable to run, and ask for a refund. Ms. Yang also told Nandu reporters that some of the trainees met with the peak of corporate representatives of guest English through the police on the evening of March 29. At that time, the peak did not give any solution. Since then, the peak has not appeared.
Nowadays, students are in an awkward situation that they can neither attend classes nor refund their fees. The original online English learning software can still be used, but after April 4, even the software can not be logged in. Some students said.
StudentsEnglish learning software has been unable to log in.
The student class stopped and the loan had to be repaid.
A former salesman of Speaker English told Nandu reporters that the price of Speaker English courses is generally over 20,000. Because some students are not well-off, they will choose to pay by installment of micro-loans.
During the interview, several participants said that not a few of them paid their fees through loans.
At present, although the courses have been discontinued, the students who pay tuition fees by stages are still repaying their loans. There are 24 issues in total, and I still have 15 outstanding issues. Ms. Yang said she did not dare to stop repayment without authorization because she was afraid of affecting her credit information.
Some participants said that on the 29th, some participants had asked a peak on this issue, hoping that the peak would come out and stop the loan, but did not receive any response.
Nandu reporters have noticed that in the counseling and training contract signed between the students and the English speakers, there are some problems related to the repayment of instalment loans and refunds. The contract shows that if the trainee pays the training fee by installments through a third party (such as a bank), the trainee should sign a separate agreement with the third party. The centre is not responsible for the training fee installment agreement signed between the trainee and the third party. Before choosing the installment payment method, the trainees shall assess their repayment ability and shall not terminate this Agreement on the ground that they are unable to repay the money to the bank. In addition, the contract stipulates that after the signing of this contract, the speaker will not accept any refund for any reason, regardless of whether the students have started the course or not.
The door of English for Speakers is closed
Institutional employees have already initiated labor arbitration
In the view of many students, the suspension of the English class seems too sudden. But in the eyes of the speakers staff, this actually bodes well.
A former salesperson at Longgang Vanke Square Campus told Nandu that she left her job in early March. Prior to that, the speaker had been in arrears for three months. Not only is she, but also other staff members of Voice English, including teachers, are in arrears of wages to varying degrees.
Another staff member of Speaker English told Nandu reporters that wages had been delayed since August last year. But the companys bosses have been reassuring employees that new investors will come in, and the company will continue to open a branch school in Shenzhen. At that time, even the new branch schools were marked on the map. The employee said. Since January this year, some employeessalaries have not been received.
In the case of several monthswage arrears, the English speaker initiated labor arbitration. According to the arbitration agreement, the arreared wages of the employees are to be distributed in batches. On March 20, January, March 25, February and April 1, March, the boss signed the letter. An employee applying for arbitration in Voice English said that after Januarys salary was paid, it was never paid again.
At present, employees have applied to the court for enforcement.
Speaker English Manager:
No solution is available for the time being.
On April 10, Nandu reporters made contact with the peak of corporate representatives of English speakers.
Gaofeng told Nandu reporters that he did not run away. The reason why the organization suspended classes was because of the situation of capital liabilities. During this period, he has been dealing with the affairs of the institutions, cooperating with the government departments to sort out the accounts and prepare audit reports. In the absence of a final conclusion, no solution can be provided. Peak said that the audit content includes the companys revenue and expenditure flow, the specific loss situation, the results will wait until May.
For the current situation of studentsrefund and employees wage arrears, the peak did not give specific solutions, but said that it would be settled in accordance with the legal framework. For the studentsrequest to terminate the loan agreement, Peak said that the training institutions and the third-party financial staging institutions are B2B cooperative relations, and the students and the third-party financial staging platform sign the B2C loan agreement based on the learning contract. Whether it can be terminated or not, he did not respond positively.
Students pay their tuition fees by stages through third parties. Training institutions are closed. Can students terminate their repayments?
Zheng Boen, a lawyer at Beijing Yingke (Shenzhen) Law Firm, told Nandu that financial institutions pay training fees on behalf of students, which means that creditors rights and debts between students and financial institutions have arisen. Even if there are contract disputes between students and educational institutions, they should settle contract disputes with educational institutions. If students refuse to perform their debts to financial institutions because of disputes with educational institutions, it will eventually lead to students violating the loan contract agreement with financial institutions, which will inevitably have a negative impact on studentspersonal credit in banking and financial institutions. When consumers apply for loans, they decide to purchase goods or services independently and pay the corresponding price to the merchants. Whether there is a problem with the products or services of the merchants or the fraud of the merchants, the responsibility is not in the lending institutions. Therefore, when confronted with disputes, we should safeguard our rights to educational institutions. When consultation is not possible, complaints may be made to the competent authorities of the education and training departments, such as the industrial and commercial departments and the education departments.
Regarding the relevant clauses on refund in the contract signed between the speaker and the student, Zheng Bonn told Nandu reporters that according to the provisions of the Contract Law, the format clause providers are exempted from their own responsibilities, aggravate the other partys responsibilities and exclude the other partys main rights, then the format clause is invalid. Therefore, the clause that after signing this contract, the speaker will not accept any refund for any reason regardless of whether the students have started the course or not is invalid. Students have paid tuition fees and fulfilled their obligations, so institutions should fulfill their obligations. Zheng Bowen said that the institutions and students have established education and training contracts. If the training institutions have been unable to continue to perform the contract, the students insist on rescinding the contract, the contract between the two sides should be rescinded. After the termination of the contract, the training institution shall refund the remaining hours of the trainees. If the training institution fails to refund in time, the interest loss of the trainees shall be paid. It is suggested that the trainees first complain to the competent authorities and approval departments of the educational institutions; complain to the Consumer Association; and Sue in time to the courts where the educational institutions are located in order to safeguard their rights and interests.
Source: Author of Southern Metropolitan Daily: Yan Pengs Responsible Editor: Xiao Qi_N6799