ComplaintsforSylvan Learning Center

• Initial Complaint

  09/04/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  In December 2017, a contract was signed by me with Sylvan Learning for 80 tutoring sessions for my son, costing $3,493.75. My son stopped attending sessions due to Sylvan's inability to find a tutor for his math level. His remaining funds were left in his account for future use. In 2023, after numerous unreturned calls to Sylvan, Jennifer, the center director, finally confirmed Andrew’s account balance of $1,419. However, communication became difficult, and by April 2024, Maria, the new owner, stated that the funds had been written off as part of the ownership transfer and the account had a new balance of $825.66, which contradicted previous information. Maria also introduced a new one-year policy for using funds, which was not in place at the time of purchase. Despite continued attempts to resolve the issue, including contact with Sylvan’s legal department, the situation remained unresolved as of June 19, 2024. Maria offered options to use the remaining balance for services or donate it to a family in need which I was fine with, but due to the lack of responsiveness, there are concerns about whether the funds will actually be donated as she did not respond to my last email inquiring how will I know if the funds are donated and not kept by Sylvan. The main issues revolve around the failure to honor the original contract, the questionable write-off of funds without customer consent, and the broader implications for others who may also be affected by these policy changes and lack of communication. I have a timeline of contact made and emails if needed.

  Business response

  10/11/2024

  I wanted to respond to this email as quickly as I could.  I recall speaking with the person and was very clear with what I was able to do for her.  As the new owner, I would honor the remaining funds as part of an extended courtesy.  I do not, nor did I have access to those funds. I did however, agree to honor a portion of what she had paid in services (for free as the money she had paid in 2017, was no longer "available" to use by my company). The previous owner had kept all (deferred income) funds that remained as part of our purchase agreement which was in November 2023.  I am not clear why Ms. ******** didn't reach out to that owner prior to her student's disenrollment in 2017.  The director of which she mentions, Jennifer G********, is no longer employed by my company as there were many inconsistences in her methods of doing business. 

  
  

  Additionally, Ms. *******' student's records have also been destroyed as we are only asked to keep records of their enrollments for 5 years.  Her enrollment was in 2017, long before I acquired ownership and long passed the timeframe of which I can obtain records.  Personally, I would have written off the money if I didn't use it within those 6 years.  I find it rather ludicris to demand money for services that I never used and reach out to demand that I receive a refund. She and had 6 years to use it, why didn't she? 

  
  

  Additionally, as independent owers we can set up policies that protect us from situations like this.  I am still very capable of providing services, which is within my capabilities however, her student no longer needs them as she has now graduated and gone on to college. I also have a policy of not issuing refunds, which would require a student to use the hours of tutoring for that purpose.   

  
  

  The money that I would consider as a donation would simply be used for another student who was not able to pay.  I have given many hours away to students/parents who cannot pay but would not be able (nor willing) to give her or anyone for that matter a list of names of those students in order to protect their identity.  I would now consider her remaining funds as "used for the purposed that I said I would honor". She was made aware of that as well in our conversation.  I am using part of those "donated" monies as they are not income to me, as a tax benefit and considering it as a loss of income to my business since I technically provide services for a discounted and/ or free if they are not able to pay.  I am owed thousands as a result of this. 

  
  

  I don't know if this is a sufficient reason or not, but would like this claim to be closed and resolved as it really does not pertain to my business entity "Navlys, LLC dba Sylvan Learning Centers".  I have also been advised by private counsel that I do not have to honor any of the previous owner's commitments to issue a refund but rather, agree to provide services as they were not in a contractual agreement with me or my business, but rather with the previous owner.  We are all independently owner-licensee centers and each operates under a corporate structure to provide a service of tutoring which is what I offered to this client.  She declined services as a result of my offer.

  
  

  Please give me a call if you should have any questions.

  
  

  I appreciate your time. 

  Customer response

  10/14/2024

  Complaint: ********

  I appreciate your response and your effort to clarify the situation; however, I am rejecting the response as there are several key issues that I must respectfully contest.

  
  First, as a consumer, my contractual agreement was with Sylvan Learning, irrespective of the owner at the time. While I understand ownership changed in 2023, any outstanding obligations tied to that agreement should have been disclosed and honored as part of the acquisition. The fact that the previous owner retained the deferred income does not negate my right to resolution, nor does it absolve the current ownership of responsibility to address those obligations in good faith.
  At no point did I authorize or agree to a write-off of the outstanding balance. While I have not demanded a refund, I have requested proof that the remaining funds were donated to a student in need, as originally promised. I am not asking for confidential information such as student names, but I do require verifiable proof that the credit was applied. To date, I have received no such documentation. Given the history of delayed communication and inconsistent follow-through, my concerns regarding the current owner's ability to resolve this matter are valid.

  
  As for the destruction of my student’s records, while I understand that businesses may have retention policies, the fact remains that those records were essential to this dispute. The decision to destroy them without any communication on this matter further exacerbates my concerns. The offer of services, while appreciated, is now irrelevant as my student has since graduated. My primary concern is not the provision of services but rather the proper allocation of the funds I paid, which remain unaccounted for.

  Lastly, I would like to address the advice you have received from your counsel. While I understand the legal position that may be taken with regard to the previous owner's obligations, as a matter of equity and consumer rights, I still believe there is a duty to resolve this situation appropriately. Your policy of not issuing refunds is noted, but that does not negate the need for accountability regarding unused funds that were promised to be directed towards a charitable purpose.
  I am seeking the support of the BBB on this issue so that we may both move forward, and I kindly request once more that verifiable proof of the donation be provided. Should this not be possible, I urge BBB to assist in a resolution that reflects the integrity and goodwill of the business and myself as the consumer.
  
  
  Regards,
  
  ****** ********

   

  [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason the complaint will be closed Answered]

• Initial Complaint

  10/20/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I made an appointment for an assessment for my daughter. They make you pay upfront. I paid, the first person said the payment did not go through, so she sent me a link to schedule the appointment. The date and time wasn’t on the link that I needed, so I called back. The second person I talked to charged me and made the appointment. I went to the appointment and nobody was there. I called them and they accused me of being at the wrong office. I was not and I took pictures. They are giving me the runaround about refunding me my money.

  Business response

  12/06/2023

  Since this assessment was purchased before my ownership and under a "sale" of $49.00 plus tax, the assessment would have been honored at that rate.  As the "Sales agreement" may state that I assumed all liabilities, it is also within my right to not provide services to anyone who is distrustful and causes mental anguish as a result. She did not allow my staff to give her any alternatives but rather went straight to you and filed a complaint.
  
  There are typically refunds issued if the assessment is cancelled within a reasonable amount of time and it can also be rescheduled.  I don't know when this assessment was scheduled as it was not on our calendar. She claims to have come and no one was here, but it is clear that we have operational hours from 9:00 to 7:00 Monday through Friday.  We are a bit unclear when she came again as it was not on our schedule. When she called (and didn't speak to me, but rather a member of my staff) she was completely unruly to the point of upsetting my staff member who took the call.  Her threats were unwarranted. All of the right steps were taken by my staff member and that was to honor the price, honor the assessment and all she would have needed to do at that time, was reschedule - she refused and "demanded" a refund.  I am standing my ground to honor the agreement to assess the child at hand, however, I will not issue a refund now or in the future.  I will seek legal counsel if I need to as the treatment and harassment by this person was uncalled for.  As a consumer as well, I would never speak to anyone in that manner without even hearing their side of the situation, she refused to answer or return calls made on numerous occasions.   I have the right to refuse to do business to anyone that I consider to be a harm and "refuse to work with her now or in the future" as a result of her behavior. 
  
  I am consulting an attorney and may be filing a restraining order to protect my investment and any future dealings with this individual as this situation could have been completely resolved without further involvement, however, she seems like the type of individual that if it doesn't go her way, she files a complaint.  My guess is that this is not the first time she's purchased or tried to obtain refunds when they may have been clearly stated that "no refunds will be issued" as a result of her behavior.  I am not giving into her misconduct just to have her get her way.  Granted it's $5, but I also believe that I have rights to do business in a professional manner and she did not allow for that as a result of our efforts. 
  
  If there is any additional information that I would need to provide, I am happy to do so. 
  
  ***** ** ******
  Director
  Sylvan Learning Center - ABQ East
  1**** ********** ****** *** **** ** ************ ** ***** ***** ********* *** *** *********************** ********************** *************

  
  

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