Nowadays, the demand for Chinese students to study abroad is still strong, and some study abroad agents have disregarded the integrity risk and future development of students in order to obtain high service fees, and improperly promoted students to get offers from prestigious universities through fraud and other means.
In February last year, Xiaomei, a 23-year-old college student in Nanjing, encountered such a study abroad agent, and after she found out that the study abroad agent was fraudulent, she decisively rejected the offer of a prestigious school and recovered a deposit of 100,000 yuan through a lawsuit.
On February 20, 2023, Xiaomei signed the "Graduate High-end VIP Application Service Contract" with a study abroad agency in Nanjing, and the two parties agreed that the intermediary service fee totaled 333,000 yuan. Xiaomei pays a deposit of 100,000 yuan first, and when she receives the admission notice of any university in the confirmation of school selection, she will pay another 200,000 yuan within 1 day, and pay the balance of 33,000 yuan after getting the visa.
In the process of studying abroad, Xiaomei has emphasized many times that study abroad agents must help them submit real application materials.
In the process of communicating with her, the study abroad agency said that you don't have to worry about this, we can 'do' everything, including English scores, Xiaomei obviously felt that the study abroad agency may have falsified part of her resume during the application process, so she asked the study abroad agency to provide the account number of the application for her to check, but the agency refused to provide it. Judge Wang Haiyang of the Second Civil Division of the Nanjing Gulou District People's Court introduced.
In the process of communication between the two parties, the study abroad agent sent Xiaomei an offer that she had been unconditionally admitted to a prestigious university in Australia as a master of international business. Xiaomei was incredulous, so she contacted the school's China Admissions Center to inquire, and was told that she had an offer because she had a master's degree in fine arts from a British university and met the school's English language proficiency requirements.
According to this, Xiaomei, who has no experience of studying in the UK at all, is convinced that the study abroad agent is suspected of fraud. Soon, the prestigious Australian school revoked the admission offer based on Xiaomei's feedback, and Xiaomei sued the study abroad agent for the refund of the intermediary service fee.
"When the court asked the study abroad agency to provide the relevant account number for the court to log in and review, and the relevant application materials submitted by the court, it refused to provide it on the grounds that the relevant account had been withdrawn by the relevant foreign institution, claiming that it did not have the relevant account number and password. Wang Haiyang said.
In addition, from the provisions of Article 159 of the Civil Code, if the parties improperly contribute to the fulfillment of the conditions for their own interests, the conditions shall be deemed to have not been fulfilled.
"Without Xiaomei's consent, providing false materials in the application materials provided by Xiaomei should be regarded as an improper contribution to the fulfillment of the conditions, and it should be deemed that the conditions have not been fulfilled, so the court finally ruled that the study abroad agency has not completed Xiaomei's entrustment and should refund the deposit paid to Xiaomei. Wang Haiyang said.
At present, the study abroad agent has returned the deposit of 100,000 yuan to Xiaomei.
Honesty is the foundation of life and the foundation of business. In addition, those who want to apply for study abroad should also learn about further education information through multiple channels before signing a contract, and make corresponding preparations, so as to win the future and future with real talents.
Reporter of Jiangsu Radio and Television Financial Media News Center |
Source: Jiangsu News