Adult education institutions violate regulations. Some students are deeply involved in "training loans"?

Zhao Xiang, who graduated from high school, has always wanted to improve her education.

20 18 searched for "improving academic qualifications" on the webpage and found the website of "Shangnuo Education" (Beijing Shangnuo Tianyu Education Technology Co., Ltd.). The company website has an introduction to adult continuing education. It is said that the company can help recruit students and provide learning materials. Later, I went to Shangnuo Education, located in Block A, Chaowai SOHO, Chaoyang District, Beijing, and paid 25,000 yuan to enroll in the junior and undergraduate continuing education of the National Open University and Beijing Jiaotong University.

A few months later, Zhao Xiang not only failed to realize his desire to go to school, but also paid the loan every month.

There are not a few young people in the same situation as Zhao Xiang. Since 20 17, some institutions focusing on continuing education for adults have breached the contract, which has put many rights protection students in a "dilemma" because of "training loans".

I paid my tuition, but I didn't go to school. The test paper is full of typos.

Zhao Xiang remembered that when signing the payment agreement, the teachers of Shangnuo Education promised to get the diplomas of these two schools within three and a half years, and they could find their college entrance examination information on the China Higher Education Student Information Network (Xuexin.com) at the end of 20 18.

But as of 20 18, Zhao Xiang didn't find his student status online. The teacher of Shangnuo Education replied that it was the "batch reason", because Zhao Xiang's registration time was late, and it would be late to find out.

Zhao Xiang began to wait. In the meantime, he received the "official test paper" sent by Shangnuo Education, and asked him to answer it and send it back. The content of the test paper involves human resources, Marxism and other courses. "There is a lot of content, and I have been doing it for three days." But there are many typos on the paper, which makes Zhao Xiang have a bad feeling: "How can a regular university provide a paper full of typos?" These contents were printed by Shannon Education itself? "

By April of this year, the teacher of Shangnuo Education directly replied that he had not signed up. This made Zhao Xiang very angry and offered a refund. Shangnuo Education signed a refund agreement and promised to refund before May 7 this year.

Zhao Xiang is not the only one who has suffered the same thing. In June last year, Qin Fei signed up for the junior college in changchun university of science and technology and the self-taught examination in Beijing Jiaotong University through Shangnuo Education, but she never received the admission notice.

Last August, a teacher of Shangnuo Education contacted Qin Fei through WeChat and asked her to provide the original ID card, because the college had to collect information when registering. It took more than half a month to send my ID card back. At the beginning of this year, the teacher informed her to bring her ID card and go to Shunyi District of Beijing to collect fingerprints on the spot to register for the undergraduate school, but the information collection was unsuccessful. "The people at the scene said that the machine was broken and it was impossible to record fingerprints."

"The place to go is an office building. There is no teacher from Beijing Jiaotong University at the scene, only one teacher from Shangnuo Education. " In March this year, Qin Fei and his family came to the office of Shangnuo Education in Daxing District (located in Block C of Longsheng Building, No.5 Rongchang East Street, Yizhuang Economic Development Zone, Daxing District). In a small office of several square meters, there is a long table and several employees work around it.

A teacher said that if you don't sign up, you can get a refund. The two sides signed two agreements. One of the Refund Agreements promises to refund all tuition fees before April 22nd, and also states that "Party B shall be paid at the interest rate of 10% of the total amount every natural day".

Another "agreement" reads, "the refund is based on the principle of mutual voluntariness. After the signing of the agreement, neither party may talk about the incident in public, media, online platforms, magazine media and other information occasions. Once discovered, it will be regarded as a crime of defamation. "

However, on the specified date, Qin Fei still hasn't received the refund. Later, a lawyer surnamed Shang said that the refund would be postponed until the end of May, which was also given to many students who came to apply for a refund.

"Training loan" should be repaid

It's not the first time that Shen Fei stumbled in training. Last year, he and his wife signed up for "erudite education" (erudite Beijing International Education Consulting Co., Ltd.) and Shannon Education respectively, hoping to improve their academic qualifications. However, after the Spring Festival this year, erudite education suddenly became "cold and cheerless". At present, the police have filed an investigation.

Both educational institutions provide "installment loans" for students. When signing up for erudite education, Shen Fei paid by installment through the "Haimi Butler" App. At that time, erudite education also asked him to sign a risk notice, which said, "The applicant shall not refuse to repay the loan on the grounds that the quality of the goods or services does not meet the agreement between the applicant and the merchants or other disputes between the merchants. The applicant promises to voluntarily bear all consequences arising from loans overdue.

There are also some students who borrow money through platforms such as library staging. After the "empty building" of erudite education, there are a group of students who have to "repay the loan" after paying for school.

Shen Fei checked his credit information in the central bank and found that it showed that he had applied for a loan from the housekeeper, Hymie. I'm going to buy a house and need a bank loan. Although I can't go to school, I still have to bite my teeth and pay the first tuition.

Some students found Haimi's housekeeper, and the customer service said that they were also victims, and the financial institutions paid the fees to these educational institutions in one lump sum. If students don't repay their loans regularly, credit risk will appear. Two months ago, the housekeeper customer service of Haimi told the students of erudite education that the repayment could be suspended, and the interest generated by overdue repayment could be exempted, but the principal still had to be paid.

Students of Shangnuo Education found that a small part of their tuition fees were transferred to an individual-Pan Yumei, the legal representative of Shangnuo Education, and most of the remaining tuition fees were paid by installments through different platforms.

After Zhao Xiang paid 65,438+00% down payment to Shangnuo Education, the remaining 20,000-odd yuan tuition fee was applied for installment loan in Haimi Butler. "This thing is included in the personal credit report, so it is not enough." He still pays the loan regularly every month.

Haimi Butler is a platform of Chongqing Aihaimi Technology Co., Ltd., which was established in August 2065438+2007. Its shareholders are Chongqing Haixueyi Enterprise Management Center and Shanghai Yao Mi Financial Information Service Co., Ltd. In addition to their erudition and commitment, among the educational institutions reported by the media that consumers think they are in breach of contract or suspected of running away, there are also institutions such as "one-on-one learning" and "Ke Yan English" that also provide loans to students through the platform of Haimi Butler.

Shen Fei once asked the customer service staff of Haimi Butler through the platform why he wanted to cooperate with erudite education. The other party said that the company had audited the qualification of erudite education, but due to the problems caused by poor erudite management, the housekeeper of Haimi could not make pre-estimation supervision.

In March of this year, China Consumers Association published "Analysis of Complaints Accepted by National Consumers Association in 20 18", which mentioned that compared with previous years, new problems appeared in complaints in 20 18: in all fields covered by traditional prepaid consumption, a new marketing model of bundling financial consumer credit appeared. China Consumers Association believes that in this field, there may be new problems that infringe on consumers' rights and interests caused by the combination of "prepaid+consumer loans".

According to Xie Long, a staff member of the Complaints Department of China Consumers Association, such educational institutions that promise to upgrade their academic qualifications in advance are also using "advance payment" to let consumers pay tuition fees. China Consumers Association found that in consumer fields such as domestic service, house decoration, beauty and plastic surgery, education and training, operators often describe their products and services beautifully in publicity, deliberately downplaying the pressure of loans, and even taking interest-free loans as bait.

After consumers pay high fees in advance through loans from financial institutions recommended by operators, they often find that financial credit treaties contain various high default clauses when businesses fail to fulfill their promises, their services shrink, or even close their doors and run away. Consumers still have to repay financial loans while they can't enjoy services, and their rights and interests are seriously damaged.

Obviously, it is only an "educational consulting" institution, but it does "education and training"

At present, the office of Shangnuo Education in Daxing District was closed in late May.

China Youth Daily Zhongqing Online Education teacher contacted Nuojiao Education, and an administrative staff member surnamed Wang said that "the company didn't run away" because the students locked the door of the company, which affected the normal office, and they were still looking for a new office.

However, some students reported to the educational administration teacher that they failed to get a refund on May 2 1. They were afraid that the company would run away and move things, so they added a lock at the gate. Wang Xing's staff said that because they handed over the tuition fees of many students to the cooperative registration agencies, there is not enough funds to refund the fees now, and they can't refund the fees until the company can operate normally and have cash flow. When the education teacher asked them which third-party organization they cooperated with and whether the company had the qualification to run a school, he said he didn't know.

The national enterprise credit information publicity system shows that the business scope of Shangnuo Education includes "technology extension service; Educational consultation (excluding study abroad consultation and intermediary services); Enterprise planning; Conference and exhibition services; Organizing cultural and artistic exchange activities (excluding performances); Market research; Economic and trade consultation. (Enterprises independently choose business projects and carry out business activities according to law; Projects that must be approved according to law shall, after being approved by the relevant departments, carry out business activities in accordance with the approved contents; Shall not engage in business activities of projects prohibited and restricted by the industrial policies of this Municipality. )"

In other words, in the field of education, the company can only provide consulting services and has no business authority such as training. Shen Fei once called the relevant departments and got the answer that the company did not have the qualification to run a school.

Some students showed the contract with Shangnuo Education to the educational administration teacher. In this contract named "Beijing Shangnuo Tianyu Education Consulting Co., Ltd. 20 18 years academic education counseling agreement", the fees charged by Shangnuo Education include "registration", "counseling" and "registration fee", and they promise that students will pass all courses within a certain period of time and obtain relevant academic certificates and degree certificates. As for the loan, the contract does not indicate which company it is cooperating with.

20 18 The newly revised Law on the Promotion of Private Education stipulates that this law is applicable to social organizations or individuals outside state institutions who use non-state financial funds to organize activities of schools and other educational institutions facing the society. Private schools that organize and implement academic education, preschool education, self-study exams and other cultural education shall be examined and approved by the education administrative department of the people's government at or above the county level in accordance with the authority prescribed by the state; The establishment and implementation of vocational qualification training and vocational skills training in private schools shall be examined and approved by the administrative department of human resources and social security of the people's government at or above the county level in accordance with the authority prescribed by the state, and copied to the education administrative department at the same level for the record.

Shangnuo Education is registered in Chaoyang District, Beijing. China Youth Daily Zhongqing Online Education Teacher inquired about the list of registered training institutions on the website of private education in Chaoyang District, Beijing, but failed to find Shangnuo Education. Similarly, there is no erudite education on the relevant private education websites. Chen Yinjiang, deputy secretary-general of the China Consumer Protection Law Research Association, told the educational teacher that such institutions clearly understand that they charge tuition fees and register as "guarantees", and they must have a private education license according to national requirements. "At present, this company can only charge consulting fees. If there is no qualification approved by the relevant department, it has already violated the rules and should be punished. " Chen Yinjiang suggested that consumers can go to the education department where the company is registered to make a complaint.

Students found that at present, in the official website of Shangnuo Education, they introduced themselves as "fire engineer training institutions", and the earlier words of adult education have disappeared. However, on the official account of Shangnuo Education WeChat, it is clearly stated that "focusing on adult education, it has provided 25,300 candidates with undergraduate education promotion services [self-study, senior high school entrance examination, distance education, and national development (TV University)]." In the menu bar of adult education on WeChat official account, what is distance education and higher education self-study exam is also introduced, and its recommended majors involve Beijing Institute of Technology, Beijing Jiaotong University, Beijing University of Science and Technology, beijing language and culture university, Beijing Vocational College of Finance and Trade, Changchun University of Technology and many other schools.

Some students have called the School of Continuing Education of Beijing Institute of Technology and the Self-taught Office of Beijing Jiaotong University to inquire, and the staff of both schools said that they had no direct cooperation with Shangnuo Education.

In addition, the education teacher inquired through the national enterprise credit information publicity system that Shangnuo Education was established on 2013 1818, and the company's domicile is 2095, Floor 2, Building 3, Daludian Cultural Street 16, Chaoyang District, Beijing. The company was listed in the business exception list twice: 20 18, because the annual report was not published within the time limit stipulated in Article 8 of the Provisional Regulations on Enterprise Information Publicity; On May 6 this year, I was unable to contact because of my registered permanent residence or business premises.

Tianyancha App search results show that the company was originally named "Beijing Dundee Huayu International Education Consulting Co., Ltd." and changed its name to its current name on March 2, 20 18. The legal representative of the company was originally Sun Cong, and later changed to Pan Yumei. Pan Yumei is also an out-of-town self-employed, operating snack services.

A lawyer told the educational administration teacher that the crime of fraud refers to the act of defrauding others of a large amount of property by deception for the purpose of illegal possession. If the company itself does not have the qualification to perform education and training, but falsely claims that it can provide counseling and even help students successfully obtain academic degrees, it is suspected of fraud by deliberately defrauding students' property. "If students think that the company constitutes fraud and there is evidence, they can call the police."

The education teacher learned that some students have reported the case to Hujialou Police Station in Chaoyang District, Beijing and the Economic Investigation Brigade of Chaoyang Branch. The tuition fees paid by these students are about 1 10,000 to 20,000 yuan each, and some are more than 30,000 yuan.

Adult education supervision should also establish a black and white list system.

Chen Yinjiang said that in the past, many institutions did education and training under the guise of educational consultation and educational technology. Now the situation has changed. Some educational institutions without school qualifications operate beyond the scope, and at the same time, they also adopt the way of "training loans" to let consumers "bear" the possible credit default risk, which increases the difficulty of consumers' rights protection.

Teachers of education found that since 20 17, the phenomenon of "breaking the contract" and "running away" of educational institutions has occurred from time to time. In the public reports of the media, in 20 17 12 years, the new idea training school and the Beijing giant era were exposed one after another, and it was difficult to recover the tuition fees of the students.

Chen Yinjiang pointed out that the difficulty in the supervision of such incidents lies in the fact that many educational institutions are registered through normal commercial registration, and there is no education and training qualification in the business scope, only education consultation. "From the perspective of enterprise registration, there are not many problems, but in practice, it will go beyond the scope of illegal business."

It is difficult for the industrial and commercial departments to find follow-up problems, but when it comes to education and training, the education department is responsible for supervision. Even if you go to the police station to file a case, if the relevant personnel of the company do not run away, consumers can only defend their rights through civil litigation. And once the company runs away and can't find anyone, then rights protection may be in the foreseeable future.

In Chen Yinjiang's view, in recent years, the state has been strengthening the supervision of educational institutions, and some places have also introduced school-running standards and management methods for private education and training institutions. However, the focus of rectification is mostly on primary and secondary education institutions. "Now it seems that the supervision of adult education should also learn from the supervision measures of primary and secondary schools and establish a black and white list system, which has a threshold for institutions that charge in advance.

"There is a time difference between consumers paying money and operators providing services. In this way, it is easy to have different levels of risks such as default and running. " Chen Yinjiang suggested that adult education and vocational training institutions should strictly supervise their funds if they carry out advance payment. Institutions need to reach a certain scale and have corresponding guarantee institutions before they can adopt prepaid mode, and prepaid fees should be charged quarterly.

In addition, Chen Yinjiang believes that the education department and the market supervision department should make a good connection, carry out joint law enforcement, apply some special rectification mechanisms to daily supervision, and strictly put an end to illegal education and training of such institutions. At the same time, if consumers go to the market supervision department to complain, the market supervision department must not "kick the ball."

A former employee of Shangnuo Education revealed to the education teacher that not long ago, an on-the-job employee of the company said that the company had found a new office in He Shili, Chaoyang District. Many students still hope that Shangnuo Education can take the initiative to refund the fees. There are also some students who have received calls from other educational institutions one after another, also suggesting to upgrade their academic qualifications.

Some students searched the recruitment website and found that employees who had worked in erudite educational institutions had also worked in other educational institutions. They guessed that some employees also went to another company to continue their work after the accident. They don't know if their information has been sold like this, and they are worried. What worries me more is, what if the people of Shangnuo Education change the company name and continue to do education and training in violation of regulations?

But after this incident, they understand that it is the safest and most reliable to register for study through formal channels.

(Editor: Li Jialing)

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