If you want to get a refund from an educational institution successfully, you must make some preparations before the negotiation:
(1) sorting out basic materials such as education and training contracts, tuition payment vouchers, receipts, invoices, and WeChat chat records with educational institutions, and proving the contract facts with the educational and training institutions to prove that the educational institutions do charge fees;
② Summarize the reasons, analyze the advantages and disadvantages, consciously and emphatically collect the evidence materials of the reasons for the refund, roughly estimate the amount of the refund, and protect the rights legally and reasonably.
I. Consultation
Negotiation, that is, actively communicate with educational institutions about refund. Generally speaking, it is difficult to start and the effect is poor, and educational institutions often refuse or delay for various reasons.
Points to note:
(1) directly negotiate with the person in charge of the training institution, either the legal representative or the principal. Don't always negotiate with salespeople or academics, it's ineffective and a waste of time. In the process of negotiation, there should be reasonable arguments. Grasp the pain points and key points of the organization, such as false propaganda, no qualifications, private account collection, no invoices, and training teachers without teacher qualification certificates. (Remember to record when communicating)
(2) Consultation and complaint can be used together. Sometimes, the telephone number of relevant departments and institutions is more effective than anything else. In practice, there are many examples where the supervision and administration bureau calls or contacts a lawyer to send a lawyer's letter to the training institution, and the training institution will contact for a refund.
(3) "Need for approval", "Need for formalities" and "When do you need to wait?" Usually these are just excuses for each other.
Second, complaints.
Complaints are mainly aimed at specific illegal acts of training institutions and reported to relevant administrative organs for handling.
The effect of complaints varies from place to place and from person to person. Many departments and institutions may also suggest that you go to other institutions, or suggest that you go to court to file a civil lawsuit. So, don't expect too much from complaining. If the staff of the relevant administrative organ calls the educational institution because of your report, it will generally be a good result.
In the education and training contract, the party receiving education and training belongs to the consumer, and can choose to complain to the consumer association when encountering problems.
(2) Refund. If the training institution has a school license, it can directly report it to the Education Bureau, and it will generally be handled; If the training institution has not obtained the school license, the Education Bureau is unwilling to deal with it, and the Industry and Commerce Bureau can be considered.
(3) False propaganda generally falls within the authority of the industrial and commercial department (Market Supervision Administration).
(4) Running a school without a license generally belongs to the scope of authority of the Education Bureau, and the scope of vocational education generally belongs to the scope of authority of human resources and social security departments.
⑤ No invoice, private collection account, under the jurisdiction of local taxation bureau.
The exposure of news media sometimes has a good effect. However, due to the dispute over the refund of education and training contracts, it has been a long-standing problem, and its concern has not been low, and its sensitivity is unpredictable.
Three. lawsuit
Litigation is to bring a lawsuit to the people's court. This method is the most effective and feasible, but considering the high time cost and economic cost, it is troublesome, and you can also choose to find a lawyer to represent you.
Please note the following points:
(1) The prosecution does not need to entrust a lawyer. Generally speaking, there are various templates in court filing halls all over the country. You can refer to the template to write an indictment (Baidu can also search for the indictment template) and then submit relevant evidence materials.
(2) The legal fees will not be very expensive, such as the refund amount 1000 yuan and the court acceptance fee of 50 yuan.
The general principle of prosecution is that the plaintiff brings a lawsuit against the defendant, that is, the county people's court where the training institution is registered or where the class is held.
(4) online filing, you can also prepare materials and mail relevant materials to the court filing court.
Litigation is the basic way to solve disputes. If your legitimate rights and interests are infringed, you should dare to file a lawsuit. In fact, many cases are quickly resolved as soon as they enter the proceedings.