Can students get a refund if the institution has gone into insolvency?

Sunflower49

I am a tutor and the company I was working for announced their dissolution recently.
The course I taught cost between £6,000 and £10,000. 
Some of my students have managed to get a refund some have been told they can't 'because they paid by standing order' and various other reasons.

Does anyone have any advice?Is this a police matter? Trading Standards? The CEO of the company has started another company recently too. And has apparently done this before with previous companies. 
I just feel so so sorry for them all. Not sure if this is in the incorrect place.

Minkym00

I think you mean liquidation rather than dissolution. Did the students that got a refund get this before the company went under? I assume so. 

If the company is now in formal insolvency proceedings then the only way they’re going to get any money back is is there are assets to be liquidated that would pay the debts and fees of the liquidation - and, let’s face it, if there were assets to do so the company wouldn’t be insolvent in the first place. In the first instance the students should submit their claims to the liquidator. 

Don’t assume that because it’s a directors second failure that they are guilty of any misfeasance. However, if you have concerns about their conduct then contact the liquidator. The liquidator’s details will be on the Insolvency tab on the company’s record at Companies House. 

https://find-and-update.company-information.service.gov.uk/

p00hsticks

Minkym00 said:

If the company is now in formal insolvency proceedings then the only way they’re going to get any money back is is there are assets to be liquidated that would pay the debts and fees of the liquidation - and, let’s face it, if there were assets to do so the company wouldn’t be insolvent in the first place. In the first instance the students should submit their claims to the liquidator. 

Wouldn't another possibility be if they had paid via credit or debit card ? Then a Section 75 and/or chargeback claim via the cardissuer would potentially be open to them. 

Minkym00

Yes. Very good point p00hsticks. 

Sunflower49

@Minkym00 We tutors werre called into a meeting and told they were going under and we were all redundant by lunchtime that day. Then we told the students and they set about getting their money back. The company are still showing as active on CH but that's just one of those things I think. Thank you for your help-I will keep an eye on CH. They were still accepting new students and taking their payments as late as last month-and I really do beleive they knew 100% that they were going to liquidate before then. They've done this before. I am ashamed to ever have worked for them even though I adored my job.

@poohsticks123 Yes, I think much of the difference is payment method. But the CEO had stopped accepting card payments about a month ago so late-coming students had to pay by BACS or the like.

Sunflower49

Another thing that has REALLY riled me is that the company dealing with this insolvency apparently had one of the directors and his friend as their employees until recently. Conflict of interest much although I am sure nothing could/will come of that.