"... Wang Hui (pseudonym), a junior in an art college in Guangxi, thought he would pay the class tuition by installments, but he was fascinated by the" training loan ".
Although the government has clearly regulated campus online consumer loans for many times, emphasizing that it is not allowed to provide loans to college students and guiding them to lend, the survey of education teachers found that some "training loans" for student groups have been replaced by "vests" and made a comeback.
A few days ago, the National Student Financial Assistance Management Center issued a warning. 1 2022 reminds college students to be wary of "training loan" fraud.
According to the warning, some training institutions guide students to attend classes on the grounds of providing part-time jobs and report false information on online platforms to deal with "training loans".
A survey of Beijing News education teachers found that some educational institutions changed the concept of "phased education" in order to make college students pay thousands or even tens of thousands of training fees, and used the platform with prepaid function of Internet financial institutions to guide college students to "borrow money for further study".
Some students borrowed money and paid it back, but instead of learning valuable courses and professional knowledge, they were heavily in debt.
The temptation of "part-time job"
"The sales teacher sent me a QR code and asked me to quickly scan the code for payment. I woke up after grinding. Pay tuition in installments.
After a series of claims, he finally got a refund, but recalling the experience of paying tuition fees in training institutions in those years, Wang Hui could not hide his anger.
Wang Hui told the educational teacher of the Beijing News that she usually learns software design through free online video classes.
On June 5438+ 10 this year, he learned about the sales of Firefox education through the free study group. The other party claimed to be Teacher Zhang.
Teacher Zhang told him that paying one month's study fee in Firefox Education can meet the requirements of working, and then he can earn pocket money while studying unilaterally, with a training fee of 5,900 yuan.
On April 26th, the education teacher joined the Firefox education audition group as a student, and the group sales also launched a number of part-time websites, saying that "you can make money by working at ordinary times".
Among the chat screenshots provided by Wang Hui, the teacher sent him several screenshots of students' part-time income, as well as the collection records of 1820 yuan, 6,900 yuan and 4,200 yuan, which made Wang Hui very moved.
The sales teacher sent a screenshot of the conversation to the educational administration teacher, which is said to be the part-time income of students. Income price 1800 yuan to 3200 yuan.
Figure/dialogue screenshot
After learning that there is pressure on tuition fees in Wang Hui, Mr. Zhang said that "you can apply for the places of work-study programs". As long as you apply for "work-study program" and make a down payment to 500 yuan, the remaining tuition can be divided into 12 installments, and then you can work and study.
"We divide the tuition into 12 months, and spread it to more than 400 on average. Worthy of a poster of 120 yuan. We can spare two or three hours a month to make three posters, which is enough for one month's tuition.
In the chat record provided by Wang Hui, Mr. Zhang said that installment payment is an institution's "work-study program" and can help apply.
The "part-time job" proposal put forward by the other party is very tempting, but Wang Hui did not arouse suspicion. At the request of the other party, he provided his name and contact information, "thinking about applying for a part-time job and filling out the form", and transferred the money to Mr. Zhang 500 yuan as a "down payment" on the spot.
The other party claimed that it was a "part-time job" to pay students by installment, and asked students for the loan amount of various financial platforms on this ground, saying that it depends on credit.
Photo courtesy of respondents
Unexpectedly, after paying the first money, I fell into the trap of the other party.
Wang Hui said, then, on the grounds of "financial evaluation credit", Mr. Zhang inquired about the loan amount of Wang Hui on several major online shopping platforms in China, and the loan function of the online shopping platform in Wang Hui could be opened. In this regard, Teacher Zhang said, "Later part-time jobs are needed.
"
"I thought they applied for installment payment from me on the basis of credit, so there was no doubt.
"Wang Hui said that after the loan function was opened under the guidance of the other party, Teacher Zhang immediately sent him a QR code to clean it up immediately, and the school paid in installments on this platform. After paying, he found that he had overdrawn 5000 yuan at one time, and the payee was Zhengzhou Runyi Network Technology Co., Ltd.
Why do you want to apply for the training course provided by Huohu Education? Has the payee become another company? In this regard, the sales staff of Firefox Education said that Zhengzhou Runyi Network Technology Co., Ltd. is a branch of Firefox Education, and many students pay their tuition fees through Zhengzhou Runyi.
In the dialogue in which educational teachers sell as students, they repeatedly ask the other party to provide education and training qualification certificates and teacher qualification certificates. The other party first said, "When you go to college, will your teacher and principal give it to you?" He asked.
Under the further questioning of the educational administration teacher, the other party only provided the so-called enterprise honor certificate, but did not provide the relevant education and training qualification certificate. On the third cross-examination, the educational administration teacher only answered "believe it or not, don't study", that's all.
The educational teacher found that the business scope of Beijing Firefox Education Technology Co., Ltd. includes educational consultation (excluding intermediary services) and cultural consultation, while the business scope of Zhengzhou Runyi Network Technology Co., Ltd. includes technical consultation and network technology development. In other words, the business scope of the two companies does not include education and training.
In addition, Beijing Firefox Education Technology Co., Ltd. was listed in the business exception list because its registered address and business premises could not be contacted.
In this regard, the legal experts of the China Private Education Association said that the training activities for the society carried out in accordance with the regulations, or the practice licenses of the competent departments of education, human society, cultural tourism, sports, science and technology, or the business scope registered by the Market Supervision Administration, have clear "education and training" business projects. Otherwise, it is illegal to run a school or operate illegally.
In addition, "consulting, planning" and "training" are different business projects, which are different industries in the industry category announced by the National Bureau of Statistics and cannot replace the examination and approval of training projects.
"That is to say, the vocational and technical training activities carried out by this company are illegal without permission and approval.
Consumers can recover their own expenses, and the market supervision department can impose a fine of 1~5 times according to the amount of illegal income.
Guide students to fabricate identities to escape supervision.
Wang Hui's experience is not a case, and "loan guidance" is not a "routine" for tutoring institutions.
On the platform of "Black Cat Complaint", the Beijing News education teacher searched with the keyword "Fire Tiger Education Stages" and found more than 30 related complaints. Some advocate "inducing loans on the grounds of part-time".
On online platforms such as Black Cat Complaints and Zhihu, many training institutions have been instructed to guide college students to obtain training loans. Searching with the keyword "training loan" involves tens of thousands of complaints, and most of the educational institutions complained are vocational skills training institutions in the fields of software design and software training.
Why do college students often fall into the trap of "training loans"?
In the chat record with Firefox Education Sales provided by Wang Hui, the words used by the other party are very routine. For example, tuition is called "docking a financial platform". After handing the QR code to the students, directly say: "The prescription only takes one minute, and the hand speed is fast.
After Wang Hui used the borrowing function of a financial platform to pay 5,000 yuan, "Sister, did I borrow money?" He asked each other. The other party directly asked him to choose installment repayment on the repayment date at the end of the month and continue to collect the remaining tuition fees in 400 yuan.
Urged, "financial end. If the class is not finished, it will be postponed and so on. , but also use a rather depressing sales dialogue.
The other party used sales squeezing methods such as "fast" and "financial off work", saying that students had no time to question at that time.
Photo courtesy of respondents
At the same time, some training institutions said that "students will be guided to fill in false information processing' training loans' on the online platform", and the National Student Financial Assistance Management Center's early warningNo. 1 in 2022 also reminded college students.
Education teachers found on online complaint platforms such as black cats that some complaints about "training loans" are like this.
Take a netizen's complaint about Yunyi painting education on the black cat platform as an example. According to the submitted materials, the staff of the institution pretended to be a concept with the words "education by stages", which was supported by the state and required students to fill in false identity information on the online lending platform.
In the screenshot of the conversation provided by netizens, a seller of Yunyihua Education filled in "business service provider" in the column of student loan occupation and "500" in the column of income on the grounds of "being completely independent of student status in order not to affect students' application for university scholarships and bursaries".
The Beijing News education teacher noticed that a training institution named Yunyihua was lobbying students to buy courses, "only apply for the tutorial branch of Tencent courses", "Tencent courses will help you get the tutorial vouchers" and "go to Tencent courses to help you apply for the green education channel".
Fictitious identity information when selling induced student loans.
Photo courtesy of respondents
In this regard, the Beijing News asked Tencent Classroom for verification. The other party responded that "Tencent Classroom" had previously explicitly required institutions not to induce consumer loans in their business activities, nor to use the Tencent brand illegally, but at present,
The age of rights groups is gradually declining, and rights protection is a common dilemma.
In order to return the rights, Wang Hui spent a lot of time and energy. After spending nearly a month complaining everywhere, Wang Hui finally got a refund.
"Then I shared this experience in Zhihu. Find students who have the same experience and help them safeguard their rights.
"Wang Hui said.
In reality, many students are caught in the dilemma of safeguarding rights.
Feng Yueping, a senior partner of Beijing Shi Jing Law Firm, is an expert lawyer of the "black cat" complaint lawyer assistance group.
Since the beginning of this year, in three or four months, Feng Yueping has accepted nearly a thousand disputes over students' participation in "training loans". It is a common problem for students to defend their rights.
"Teachers don't follow up after paying fees", "poor teaching quality" and "failing to provide part-time jobs as agreed" ... In the interview, the educational teachers found that there are such problems in the courses purchased by students, and if they want a refund, they will often be led by the nose by training institutions for various reasons.
Mao Wendie, a judge of the Olympic Village Court of Chaoyang Court, summed up the main reasons for the difficulty in safeguarding rights according to his own trial experience.
First of all, "training loan" is a dual legal relationship, that is, the education and training contract relationship between consumers and education and training institutions, and the loan contract relationship between consumers and financial platforms. The two legal relationships are independent of each other.
Consumers can ask educational institutions to cancel the contract and refund the unused fees, but consumers need to repay the financial platform according to the contract.
In practice, some parties refused to continue repayment on the grounds that the education and training institutions failed to perform the contract and affected their personal credit records.
Secondly, Mao Wendie said that education and training institutions have no obligation to prompt.
"In the trial process, it was found that there were many misunderstandings and guiding behaviors in education and training institutions. Using' training loan' to pay can reduce the pressure of one-time payment, or emphasize the word' installment' to reduce the loan risk.
But in litigation, it is often difficult to prove the induced facts. Because the two legal relationships in the training loan are independent of each other, consumers need to pay the loan if they can't receive the training.
In addition, due to the chaotic internal management of some education and training institutions, some smaller institutions cooperate with unqualified microfinance companies, and there are legal risks such as invasion of privacy in their operations.
Feng Yueping found that the defenders of "training loans" are getting younger, and not only college students but also high school students are involved.
Secondly, there is a great possibility of conspiracy. Some complained institutions are not complete educational institutions, and even "leather bag companies" have blind spots for supervision.
Feng Yueping said that it is a common feeling that it is difficult to protect rights, because the maximum consumption is about 1000 yuan, and the cost of legal rights protection is too high.
With the help of lawyers, most students send lawyers' letters to training institutions or complain to consumers' associations for refunds. "Some institutions are worried that thousands of dollars will affect their business and directly refund them.
"
The hardest part is the defenders who didn't even sign the contract. Feng Yueping said that in the incident he came into contact with, the cable education and training institutions invited students to sign contracts in the school district on the grounds of "concentrating on solving the student loan for everyone".
"At this time, the third-party staff came. Students don't even have a chance to think. Based on the trust in educational institutions, a loan contract was signed. The other party took all the contracts (education and training contracts and loan contracts). When students try to get a refund, they don't even have proof.
"Feng Yueping said that the' third party personnel' in the complaint crowd are actually lenders. If there is no relevant contract, students can neither refund the training institution nor be urged by the lending institution when they want to refund.
After a student is sued by a lending institution and asks for repayment from the court, in order to collect personal information, he can only make a frank repayment according to the loan record provided by the other party.
Combating "training loans" requires multi-sectoral joint law enforcement.
It is reported that from 20 16, the regulatory authorities began to rectify the campus loan market.
2065438+June 2007, the former CBRC and other three departments issued a notice, explicitly demanding to suspend the campus credit business of online lending platform, and prohibiting financial institutions such as training and employment institutions from bundling credit products with commercial banks to enter the university campus.
On September 6th, 20 17, Zhao Jianjun, deputy director of the Finance Department of the Ministry of Education, said at the press conference of the Ministry of Education that according to the standardized campus loan management documents, no online lending institution was allowed to issue loans to college students.
Despite this provision, the "training loan" for students has not disappeared. The Olympic Village Court of Chaoyang Court in Beijing stated in the warning propaganda of "training loan" in the spring of 2020 that in the past three years (as of 2020), the courts in the whole city have tried more than 60 education and training contract disputes related to "training loan".
This is just the case data of resorting to law.
20201October 26th, 10, official website, China Consumers Association, issued a warning. In reality, there are still many bad "campus loan" traps, such as "campus loan cancellation", "routine loan" and "training loan", which damage the legitimate rights and interests of students. Please pay attention.
On March 17, 2023, the General Office of China Banking and Insurance Regulatory Commission, the Central Network Information Office, the Ministry of Education, the Ministry of Public Security and the People's Bank of China jointly issued the Notice on Further Regulating the Supervision and Management of College Students' Online Consumer Loans to further standardize the supervision and management of college students' online consumer loans.
While the regulatory agencies have repeatedly issued documents to strengthen the supervision of college students' consumer loans, the situation of institutions guiding college students' loans still exists.
Why is "training loan" prohibited?
Feng Yueping believes that profiteering and low illegal cost are one of the important reasons.
"Training institutions believe that it is reasonable for users to buy products through loans, but sales must use this kind of words to form a closed loop of selling products.
For example, if the other party has no money, he will borrow money. Training institutions also have strategic partners for loans. Such "one-stop service" makes it difficult for customers to get out of the "entrance".
"
Secondly, Feng Yueping believes that although the government has issued a lot of policy documents from the perspective of management, the deterrent force in implementation is not enough. Combating such illegal acts according to the respective functions and powers of administrative organs requires multi-sectoral law enforcement.
For example, is there any false propaganda in sales? Whether there is illegal fund-raising, contract fraud or even fraud in enterprises can only be brought into full play if financial supervision departments, market supervision departments and education departments jointly enforce the law.
At the same time, Feng Yueping said that college students' urgent employment expectations and lack of social experience are often used by training institutions. While intensifying the crackdown, college students should also enhance their awareness of risk prevention.
Mao Wendie also said that on the one hand, the competent authorities suggested strengthening the supervision of funds, contracts and marketing for such education and training institutions, on the other hand, increasing judicial popularization and publicity to improve the awareness and ability of relevant consumers to prevent risks.
In the early warningNo. 1 in 2022, the National Student Financial Assistance Management Center also reminded students to be vigilant, enhance their risk awareness, improve their identification ability and identify fraud.
Don't easily add WeChat to strangers who call themselves "teachers", don't join classes with part-time money-making signs, and don't transfer money or lend money on unfamiliar pages or platforms.
When you encounter something that is not smooth, you should think twice before you act, and communicate with teachers and parents in time.
Liu Yang is a teacher of journalism education in Beijing.
Edit Miao proofreading.
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