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Language schools and fitness clubs often offer their services in debt — a loan from a partner Bank approve right on the spot. But it could lead to big financial problems for clients.
"We have created a revolutionary and very customer-friendly scheme of price formation for the learning," according to the website of the language school "Speak Up". The mechanism of payment of lessons is really impressive, but nice to call it difficult. It turned out after in edition Banks.ru addressed the students of the school. In July 2018, Speak Up unexpectedly closed, and yesterday's "students" were debtors of the Bank.
"the Revolutionary" old scheme, which all "being"
Even a cursory search for information about Speak Up and gives a reason to be suspicious. In response to the request issued references are not on the school website, and on lawyers who are willing to fight it. Complaints on services of the educational institution piling up since 2012. And it is not so much about the quality of the lessons, but about money.
to Pay for training in the Speak Up was possible, or transferring the entire amount at once, or taking a loan. Most customers chose the second option. The loan from the partner banks can be obtained without leaving the office language school. Loans to customers Speak Up designed not Bank employees, and administrators of the school. They were asked to fill out a credit contract, to sign a power of attorney that gives the company the right to conclude agreements with the Bank, and provided the borrower is an individual payment schedule (the document is available to the Banks.PY).
the Rupture of the contract with Speak Up was a challenge: while customers tried to return the money for tuition, they had to pay the loan. But it got even harder "last wave" of students. In early July the school was closed, and then it turned out that she's about to become bankrupt. At least 400 customers Speak Up continue to pay banks consumer loans.
Quote Toxic partnership
Language school "Speak Up" collaborated with three credit institutions: alpha Bank, Credit Europe Bank and the Bank "home Credit". In a press-service of the latter, we were informed that the Bank severed ties with the company in mid-2016. The reason is dissatisfaction of clients with the quality of teaching. "Existing credit agreements, to receive educational services in this company at the present time we have on balance is not registered", — said the representatives of "home Loan".
alpha Bank collaborates with a network of Speak Up for seven years. The credit organization said that over the past year increased the number of negative reviews on the school, so "cooperation with the company gradually reduced." Now Alfa-Bank closely monitors the fate of the education network, said the press service. There, however, did not specify how many customers Speak Up until now are borrowers of the Bank.
On a similar question did not answer and in a press-service of Credit Europe Bank. "Currently, cooperation between the foreign language school "Speak Up" and JSC "Credit Europe Bank" terminated", — summarized in a credit institution.
Urgent loan at English lessons students could obtain even when the creditors of the school initiated the process for the bankruptcy. The application was filed in the Moscow Arbitration court on 20 March 2018. But the public servant Sergei K., addressed to the editor Banks.Roux, became a client Speak Up almost a month later, on April 19. To pay for lessons, he took a little more than 66 thousand rubles in Credit Europe Bank at 19.3 per cent per annum. The financial institution did not explain why the financial situation of the language school did not become an obstacle for granting the loan.
the Claim to "Speak Up" banks could have failed to take into consideration, said managing partner of law Bureau "EMP" Sergei Egorov. "In Russia any person or organisation can submit the claim about bankruptcy of the firm. In itself, the statement does not confirm the company's problems. Despite the fact that banks and Speak Up was a partnership, I don't think the school revealed to them the statements", — said the lawyer.
If the bankruptcy is not started, then the Bank could issue loans, confirms the General Director of consulting company "Ehmkvarta. Personal Advisor" Natalia Smirnova. According to her, the guarantor of the loan still remains. "If they are qualitatively tested and see that he was all right with the finances, then technically, even if something happens with the language school, he to pay the loan will be able", — the expert concludes.
on 14 August, the Moscow Arbitration court refused to continue the bankruptcy process Speak Up. Parties to the proceedings are unable to provide guarantees of payment procedures. In addition, the organization had no assets to pay creditors. What remains to do to the disciples?
According to the law on protection of consumer rights, they can demand a refund for poor services rendered, reminds Sergey Egorov. But the result is unlikely to please customers. "To sue the company, which has no money even to cover expenses in the bankruptcy case, it is meaningless. It is clear that the decision will be positive. The court will charge a debt, but there are no prerequisites to consider that the school that'll pay,"- says the lawyer. You can initiate a new bankruptcy and in the process, to raise the issue of vicarious liability of the owners of the school. "If it is established that deception on the part of owners, it's a reason for initiating a criminal case of fraud," continues Egorov.
Proceedings with the school, however, has no influence on pupil's relationships with creditor banks. The problem educational institutions are unlikely to be regarded as force majeure. School was not a party to the credit agreement, so borrowers will have to pay, says Deputy Chairman of the Collegium of advocates "De jure" Anton pulyaev. "The document, which was signed by the students "Speak Up", is a standard contract for a consumer loan. But there is an important addition — the order on transfer of funds. That is, the borrower writes a statement to the Bank in case of loan approval the money received for his personal individual account, and then by order transfer to the account of the organization. It is therefore wrong to say that the financial problems of the school can affect the action of the main contract", — says the lawyer.
to Change the conditions on such loans is also unlikely to succeed, experts say. The reason for restructuring can only be a real insolvency of the borrower, reminiscent of Natalia Smirnova.
How not to disservice
On the website of Credit Europe Bank school "Speak Up" is mentioned twice. Both times we are talking about POS-lending. The scheme is really similar. POS loans are provided, for example, to purchase household equipment or other goods. To apply to the Bank from the store is enough passport, the approval takes no more than half an hour. The customer receives the goods, who then will pay the debt to the Bank. A credit organization, in turn, transfers to the account store an amount equal to the issued loan.
Urgent loan to education, going to the fitness club or beauty treatments. The case of the Speak Up school once again confirms that taking such loans should be cautious.
an Important condition — the item about the possibility of terminating the contract unilaterally, draws the attention of Anton pulyaev. "It is desirable that the client had the option of terminating the agreement in case of receiving poor quality services", — said the lawyer. However, such documents usually have a standard form, not written for a particular client.
Any points about the quality of services and the procedure for a refund, usually do not provide the customer with the fulfillment of these conditions by the company. "In the event of claims of legal entities do not seek to solve these issues in the pretrial order, therefore, the dispute can be resolved only in court," continues the pulyaev.
Experts also remind that the creditor Bank is unable to guarantee the integrity of the company providing services. The parties to the agreement will still be a customer and a credit institution. Therefore, at the conclusion of such agreements should consider whether you need such a loan in principle, says Natalia Smirnova. "To take the urgent loan on the services is appropriate in two cases: if the interest rates are less than the possible rise in prices of services and if the service will significantly increase your income in the near future. For example, if without a certificate in English will not give you a promotion at work," explains Smirnov.
Yulia KOSHKINA, Banki.ru
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