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27.12.2015, 18:56
| Newbie 1st class | | Join Date: Feb 2014 Location: GE
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| | Please, help! [contract/deposit with private university]
Hello.
I used to study in private university in Geneva. I finished it successfully, and left Switzerland. According to the contract with the university, in addition to the cost of the studies my colleagues and I have made a deposit. It must be returned within 6 months after graduation. This deadline has already passed. Each of us wrote a letter to the university to return the deposit and provide bank details. No one got the money.
I really need your help. Please tell me how much it costs to go to court, or in any other legal way make the University to pay? The amount of the deposit is 3k francs.
Can we submit a group application? Would it be cheaper?
Thank you very much in advance!
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27.12.2015, 19:09
|  | Forum Legend | | Join Date: Jul 2011 Location: Switzerland
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| | Re: Please, help!
What university? Why would a deposit be returned? Usually it would be an advance payment towards your course. | This user would like to thank Medea Fleecestealer for this useful post: | | 
27.12.2015, 19:48
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| | Re: Please, help!
First of all, was it a properly addressed letter, with a required signature (registered letter), in the correct language, with all your contact information included and a deadline on which the university must reply, and with your bank information included ?
Secondly, did you complete the course and pay all fees as per required ?
Thirdly, what did this private college tell you was the correct procedure for return of the deposit ?
It is currently Christmas/new Year holiday so it may be that the institution is closed or on limited staff and it might take another week or two until there is someone in the administration area - have you tried telephoning them during office hours to try to get an answer on what the problem is ?
Also, how long has it been since you last made contact ?
Finally, I doubt 'everyone did xyz' will help - you need to pursue your own administrative process...follow the steps the insitution asked, and then give them a deadline (realistic - 4-6 weeks perhaps ?) to give a reply of what needs to be done to obtain the refund.
When did you officially graduate ? Traditionally, universities only have two graduation dates per year...do you have all your documents to prove that you graduated ?
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27.12.2015, 20:43
| Senior Member | | Join Date: Apr 2015 Location: Port-Valais (was SFO)
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| | Re: Please, help! | Quote: | |  | | | Hello.
I used to study in private university in Geneva. I finished it successfully, and left Switzerland. According to the contract with the university, in addition to the cost of the studies my colleagues and I have made a deposit. It must be returned within 6 months after graduation. This deadline has already passed. Each of us wrote a letter to the university to return the deposit and provide bank details. No one got the money.
I really need your help. Please tell me how much it costs to go to court, or in any other legal way make the University to pay? The amount of the deposit is 3k francs.
Can we submit a group application? Would it be cheaper?
Thank you very much in advance! | | | | | More than likely you attended not a university https://en.wikipedia.org/wiki/List_o...in_Switzerland but a private business college. Without knowing which one it is not possible to comment on its commercial reputation. Some schools, like Webster, have a foreign connection and you might refer to that office before proceeding.
The legal procedure for filing a claim in Switzerland is this:
You start with a "lettre de mise en demeure" sent by registered post.
You then file your claim at the Office des Poursuites et des Faillites. http://ge.ch/opf/
There is a conciliation/mediation process. I have the impression that if your claim is meritorious and if they have the money the case is resolved at that time, at least mine was. (Even my claim in Tax Court against the IRS was settled on the courthouse steps: bullies have a way of waiting until that point to settle.)
Unlike France (where I have done this too) the procedure is not free and gratis, but the losing party reimburses the claimant for costs.
(I once had a claim against company of builders in Crissier with which I had been dealing, of course, in French. It turned out their home office (siège social) was in Frauenfeld, in Thurgau far away. Probably they thought I would never pursue an action, but of course I did, in German (a language I speak haltingly: why is it that whenever I encounter a judge in Switzerland (as I did twice: once in 1965 for a driving offence (for which I was found not guilty, how bad can my German be?) s/he doesn't speak either English or French? When I was a law student in Belgium we had to pass an exam in either English or Flemish). The accusing cop in Basel-stadt didn't speak French either, and he worked right at the French frontier. (Actually it wasn't the copy who accused me but the guy who hit me from behind at a traffic light.))
There are no "class actions" in Switzerland but a joint lawsuit might be possible. The court costs however are nominal: the problem is personal appearance once to file the claim (although that might be done by post) and once for a hearing. Nasty defendants have a way of seeking postponements however (my French defendant, a big insurer with a name in 3 letters did that, so I had to travel one extra time to Paris. Even after I got a judgment they didn't pay -- incredible. I found out they own 2% of Legal and General, the huge British insurer, and wrote them that I would domesticate my French judgment in the Royal Courts of Justice and seize their shares in L&G. They paid forthwith.) In my experience by and large lawyers who take random clients work mostly (in a sense) for themselves (it's the economics; hey: one is bound to envy those of one's law school classmates who are millionaires) and it would be hard to justify hiring one for CHF 3,000. But you never know.
Last edited by Caryl; 27.12.2015 at 20:53.
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27.12.2015, 20:53
| Forum Veteran | | Join Date: Oct 2014 Location: Lausanne
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| | Re: Please, help! | Quote: | |  | | | Hello.
I used to study in private university in Geneva. I finished it successfully, and left Switzerland. According to the contract with the university, in addition to the cost of the studies my colleagues and I have made a deposit. It must be returned within 6 months after graduation. This deadline has already passed. Each of us wrote a letter to the university to return the deposit and provide bank details. No one got the money.
I really need your help. Please tell me how much it costs to go to court, or in any other legal way make the University to pay? The amount of the deposit is 3k francs.
Can we submit a group application? Would it be cheaper?
Thank you very much in advance! | | | | | What was the objective of the deposit? Did you live at this school? Need a lot more detail to be able to help. Please check your stuff
going to court is expensive in this country unless you do most of the work yourself.
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28.12.2015, 16:00
| Newbie 1st class | | Join Date: Feb 2014 Location: GE
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| | Re: Please, help!
Thank you all for answers! | Quote: | |  | | | What university? Why would a deposit be returned? Usually it would be an advance payment towards your course.  | | | | | I studied at the university, whose name do not want to publicly voice (only PM). | Quote: | |  | | | First of all, was it a properly addressed letter..?
Secondly, did you complete the course and pay all fees as per required ?
Thirdly, what did this private college tell you was the correct procedure for return of the deposit ?
When did you officially graduate ? Traditionally, universities only have two graduation dates per year...do you have all your documents to prove that you graduated ? | | | | | In our university, together with payment of accounts for the first year, all make a deposit, from which subsequently may deduct money for misconduct, violation of the rules of the University, re-examination and so on.
I had no problem with it, they can not officially hold the money.
I completely finished the course, completely paid all the bills of the university.
I called the university and they said that they would return the deposit, but do not know what month.
The formal date of completion of training we had on June 15 but the presentation of diplomas at the end of October.
I would be very grateful if you could help me in making the correct letter and give instructions on how to properly send it. Caryl I would be very grateful if you could help me in making the correct letter and give instructions on how to properly sent. | Quote: | |  | | | What was the objective of the deposit? Did you live at this school? Need a lot more detail to be able to help. | | | | | In our university, together with payment of accounts for the first year, all make a deposit, from which subsequently may deduct money for misconduct, violation of the rules of the University, re-examination and so on.
I just want to show the University that I seriously set up and ready to go to court to get the money back. I think a couple of correctly sent letters to make them pay.
For many years before that, deposits returned on December 1 and all the letters left in the accounts when arrived by presentation of diplomas at the end of October.
This year the university is very small set of students and I am afraid that the university will not be able to pay all the money.
That is why I appeal to you now to help me in the preparation of an official letter demanding the repayment of the debt to the University, to the University realized that I was serious about. In that case, I hope to get their money, as the majority of my colleagues will fight the university because of the money.
In the week I arrive a few days in Switzerland and will be able to send a formal letter, if anyone can help me to make it right and send.
For me, the money is significant, because now in my country a great crisis.
Thank you very much in advance!
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28.12.2015, 16:07
|  | Forum Legend | | Join Date: Mar 2008 Location: Wallis
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| | Re: Please, help!
If you graduated end of October, I guess you would get the money back in May (6 months from graduation).
But give them a call after new year, when term starts, and ask them when you will get the money back.
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28.12.2015, 16:18
| Newbie 1st class | | Join Date: Feb 2014 Location: GE
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| | Re: Please, help! | Quote: | |  | | | If you graduated end of October, I guess you would get the money back in May (6 months from graduation).
But give them a call after new year, when term starts, and ask them when you will get the money back. | | | | | For many years before that, deposits returned on December 1 and all the letters left in the accounts when arrived by presentation of diplomas at the end of October.
I am afraid, they are not able to pay all the deposits back (150k+), thats why i want during short stay in Geneva send them something "official".
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28.12.2015, 16:34
|  | Forum Legend | | Join Date: Mar 2008 Location: Wallis
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| | Re: Please, help! | Quote: | |  | | | For many years before that, deposits returned on December 1 and all the letters left in the accounts when arrived by presentation of diplomas at the end of October.
I am afraid, they are not able to pay all the deposits back (150k+), thats why i want during short stay in Geneva send them something "official". | | | | | Have you actually just called them and asked? Instead of guessing and jumping right into sending official letters... which may not go down too well.
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28.12.2015, 16:46
| | Re: Please, help! [contract/deposit with private university]
That reminds me of an acquaintance who studied at some pivate institution near Geneva, which went bankrupt and shut down a short while after he graduated:/ I believe he went on to do a Master's at one of those chain schools (if Im not mistaken it was Webster). Needless to say he failed to find a job in Switzerland after graduation, which in his case was no big deal since e came from a wealthy family. Private institutions pop up every year here and try to con people into attending by misrepresenting themselves as being part of the solid Swiss education system. Bottom line, I would advise against wasting time ans money on these institutions. In OP's case, it is hard to make a statement without seeing the contract or knowing the University and its practices. OP, see a lawyer who has experience with educational institutions (and is ideally based in the city of your institution). But typically you would seek legal recourse only after exhausting other available alleys such as calling or writing your institution. Several law firms will offer the first appointment at no cost. Rechtsauskunftsstellen ( www.sav-fsa.ch) or your Gemeinde may also have free legal advice available. Wishing you well.
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