Explain in detail how to get the training institutions to refund their fees:
If there is a contract between the two parties, they can negotiate with the training institution first. If negotiation fails, the parties can apply for arbitration according to the blanking agreement. If there is no arbitration agreement, the parties can directly bring a lawsuit to the court.
I. Consultation
Negotiation, that is, actively communicate with educational institutions about the refund of fees. Generally, it is difficult to start, the effect is not good, and educational institutions often refuse or delay for various reasons.
Important points to note:
1, directly negotiate with the person in charge of the institution, which may be the legal representative or the president of the branch school. Don't always negotiate with the following sales staff or academic staff, which is not effective and wastes time.
2. In the process of negotiation, it is necessary to have substance in words, be reasonable and argue according to reason.
3. In the process of negotiation, it is necessary to grasp the pain points and key points, such as false propaganda, unqualified running schools, private account collection, no invoice, K 12 off-campus training teachers without teacher qualification certificates, and so on.
5. Negotiation and complaint are used together, and negotiation and litigation are used together. Sometimes a phone call from the competent authority is more useful than anything else, and sometimes the money is refunded immediately after receiving a subpoena from the court.
6. Rejecting the so-called in-process procedure requires approval and the need to wait for the leader to come back. Generally, these are excuses.
Second, complaints
Complaints are mainly aimed at the specific violations of laws and regulations of training institutions, and the effect of reporting to the relevant competent administrative organs and asking for handling complaints varies from place to place and from person to person. Many agencies may push you out, asking you or suggesting that you go to other agencies or go to court to file a civil lawsuit. Therefore, don't expect too much from complaints. If the relevant staff is willing to make a phone call to the educational institution for you, this is already a good effect.
1, the education and training contract, the educatee or participant belongs to the consumer, so you can complain to the consumer association about related issues.
2. Refusing to refund the fee, and directly responding to the Education Bureau (if you get a school license, you will generally deal with it; If an educational institution does not obtain a school license, the Education Bureau may not take care of it, but consider the Industrial and Commercial Bureau)
3. False propaganda, which is generally within the purview of the industrial and commercial department (Market Supervision Administration).
4. Running a school without a license, the general educational institutions are under the management of the Education Bureau, vocational education, and may also be under the management of the human resources and social security departments.
5, do not invoice, private account collection, tax evasion, this is managed by the local tax bureau.
6, there are also many consumers will find news media exposure, which is also a very effective way. However, due to the dispute related to the refund of education and training contracts, it is a long-standing social problem, and the degree of concern has been very high. I wonder if the media will still be interested.
Iii. litigation
Litigation means bringing a lawsuit to the people's court. This method is the most effective and feasible, but the time cost and economic cost are high. In practice, due to the small amount of education and training contracts, it is difficult for lawyers to charge fees, and the probability that the parties entrust lawyers to defend their rights in litigation is low. The average consumer may be too troublesome because of the time cost of prosecution, and is unwilling to start the proceedings.
Important points to note:
1, litigation can be done without a lawyer. Generally, there are various templates in the court filing halls around the country. Just write a complaint with reference, copy relevant evidence materials and submit it.
2. The legal fees are not very expensive, so don't worry about it. For example, the refund amount is RMB 1 10,000 yuan, and the court's case acceptance fee is 50 yuan.
3. In the case of a lawsuit, the general principle is that the plaintiff needs to sue the defendant in the people's court at the county level where the training institution is registered (or where the class is held).
4. If you don't have time on weekdays, it is also possible to prepare materials and mail relevant materials to the court filing court. Now many courts have also opened online filing.
5. Litigation is the basic way to solve disputes. If the legitimate rights and interests are infringed, consumers should dare to file a lawsuit. Many cases may be settled as soon as they enter the litigation procedure.