In this article:
- Why doesn't the child complain?
- How to find out if your child is being bullied by teachers or children
Many children are reluctant to go to kindergarten, especially in the first weeks: they are capricious and do not want to get out of bed. This may be due to adaptation and is not a cause for concern in itself. However, if a child suddenly loses the desire to go to kindergarten after a while, he returns from there depressed or restless, and getting up in the morning turns into hysteria and panic, then it’s worth thinking about whether someone is offending the child.
If the baby can already speak and explain more or less clearly, and the parents have developed a trusting relationship with him, then it is easy to understand that the child is being bullied in kindergarten. But what if the child cannot explain or is afraid to share with his parents? Let's figure it out.
About "bad" and "good"
We specifically put this terminology in quotation marks, since handing over a car to a pawnshop is generally not the best idea. It is better to try to find some kind of bank offer secured by property. How to contact car pawn shops. But if you are already on this path, you need to know that all such organizations are conventionally divided into:
Whites usually draw up a full-fledged loan agreement. After this, a separate contract is drawn up for the collateral property. After this, the car is officially entered into the register of pledges of movable property. Yes, such a thing really exists. Entering a vehicle into the register involves working with an official notary.
Since sooner or later scammers will learn to work with documents and “feed” notaries, we recommend that you conduct the entire transaction with the participation of your own lawyer. Not the one offered by the company. Namely, with the participation of a specialist whom you found on your own. So that later it does not turn out that the lawyer who was invited by the company’s employees is an interested person.
Black pawn shops operate according to a different scheme. They may offer you a purchase agreement. The signing process itself can also be filmed on a video camera or phone. In addition, in addition to such an agreement there will be another agreement. It establishes the possibility of repurchase of the car.
A small spoiler: by signing documents of this nature, you will almost 100 percent lose the opportunity to buy the car. You will only lose a lot of money. But more on that later. Such agreements are usually agreed to either by very uneducated and naive citizens, or by those who desperately need money. Fraudsters understand this very well and exploit it with all their might.
How is a contract usually concluded?
Usually a person goes to the official website or application and fills out an application there. The questionnaire can be quite extensive. It is based on this information that the pawnshop specialist will evaluate the primary limit for granting a loan. After this you will have to:
- Go to an office or representative office.
- Take the assessment.
- Conclude a loan agreement.
If everything went smoothly, the funds are issued on the day the contract is signed. If the funds under the agreement are credited in 10-14 days, refuse to sign such an agreement. It is far from certain that anyone will provide you with funds at all.
The main advantage of car pawnshops is that they issue money promptly. That's it, the advantages end there and a huge list of disadvantages begins.
Yes, they don't check your credit history either. Which is a positive factor for many. Just why did you decide that such unreliable borrowers can count on normal conditions? The trick is that this is usually a person’s last attempt to improve their financial situation. And if it comes to this, then rest assured that the pawnshop will put all the risks on the loan. That's why the interest rate is so crazy. If you conditionally take out a loan secured by PTS, then in 1.5 years you will pay back a similar amount of funds in interest alone. And this is in addition to the body of the loan itself.
In normal (official) car pawnshops, 150% of the overpayment is not specified in the contract. And there are no hidden fees either. They also establish fairly flexible lending conditions. There is the possibility of early repayment (without built-in commissions and penalties). There are no hidden fees, etc. But this is ideal. In practice, of course, everything is a little different.
How to get a car back from a pawnshop?
Let's start with the issue of car use. You rented it out to a lender for parking. Will he be able to use the car? According to current legislation (Federal Law 196), it will not be able to. Therefore, check the car, its external and internal appearance very carefully. Any traces of use must be recorded immediately. Even mileage units must be recorded in the agreement with the pawnshop. The same indicator must be indicated in the transfer and acceptance certificate. The distance to the site where the car is located is also taken into account.
Before you take your car to a pawnshop you need to:
- Check all technical components and assess their condition (preferably record them).
- Check all the numbers and indicators (and also record them).
If you sign the acceptance certificate, then you automatically relieve all responsibility from the pawnshop. Therefore, do not rush to sign documents. First, check everything and make sure that the car is in its original condition.
A child is offended by a kindergarten teacher. According to the child and other children in the group, he is hit in the face.
At this age no
The document has been changed - see the “list” of changing documents
Federal Law of December 29, 2012 N 273-FZ (as amended on July 26, 2019) “On Education in the Russian Federation”
""Article 61. Termination of educational relations
""1. Educational relations are terminated due to the student’s expulsion from the organization engaged in educational activities:
1) in connection with obtaining education (completion of training);
2) ahead of schedule on the grounds established by part 2 of this article.
""2. Educational relationships may be terminated early in the following cases:
“”1) at the initiative of the student or parents (legal representatives) of a minor student, including in the case of transfer of the student to continue mastering the educational program to another organization carrying out educational activities;
""2) at the initiative of an organization carrying out educational activities, in the event of expulsion as a disciplinary measure applied to a student who has reached the age of fifteen years, in the event of a student in a professional educational program failing to fulfill his obligations to conscientiously master such an educational program and implement the curriculum, and also in the event of a violation of the procedure for admission to an educational organization, which resulted, through the fault of the student, in his illegal enrollment in the educational organization;
3) due to circumstances beyond the control of the student or parents (legal representatives) of a minor student and the organization carrying out educational activities, including in the event of liquidation of the organization carrying out educational activities.
3. Early termination of educational relations at the initiative of a student or parents (legal representatives) of a minor student does not entail the emergence of any additional, including material, obligations of the said student to the organization carrying out educational activities.
""4. The basis for termination of educational relations is the administrative act of the organization carrying out educational activities on the expulsion of the student from this organization. If an agreement on the provision of paid educational services has been concluded with a student or parents (legal representatives) of a minor student, in the event of early termination of educational relations, such an agreement is terminated on the basis of an administrative act of the organization carrying out educational activities on the expulsion of the student from this organization. The rights and obligations of the student provided for by the legislation on education and local regulations of the organization carrying out educational activities terminate from the date of his expulsion from the organization carrying out educational activities.
""5. In case of early termination of educational relations, the organization carrying out educational activities, within three days after the issuance of the administrative act on the expulsion of the student, issues a certificate of training to the person expelled from this organization in accordance with Part 12 of Article 60 of this Federal Law.
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The main regulatory legal act is the same 196 Federal Law, which regulates the activities of pawnshops as a separate phenomenon. Another regulation was given:
- Civil Code of the Russian Federation (under the first part, article 209).
- 51 Federal Law.
The laws clearly state the basic rules for working with property that is given to a pawnshop. For example, if you do not repay the loan in full on time, then from the moment of delay you are given another 1 month grace period. The car pawn shop has no right to increase the interest rate during this time. It is forbidden to drive vehicles to other parking lots, demand payment for parking, worsen the conditions of maintenance, and even impose a fine.
The law also establishes a 2-month period for storage contracts. True, under a storage agreement, the pawnshop can already demand compensation for costs. The client can extend the cooperation agreement; in practice, pawnshops usually try to avoid such extensions.
Yes, the pawnshop does have the right to sell the property in case of non-repayment of the loan. This is regulated by the same 196 Federal Law. But everything was regulated there. To the point that the pawnshop employees do not have the right to sell the car to some Vasya from the next street. The vehicle can only be sold through an auction or any other type of public auction. The law establishes the relevance of this rule if the value of the property exceeds 30 thousand rubles. In most cases, the car passes this requirement by default.
Many pawn shops recommend that the client insure the car. This is packaged into a separate service, which can increase the interest on the loan. Or is it required as a separate payment? The irony is that they have no right to do this. Federal legislation clearly establishes the obligation to insure pawnshop collateral. Roughly speaking, they must insure the car at their own expense. And for the period while they have the car. It is generally prohibited to transfer insurance to the borrower. This is about manipulation based on ignorance of current laws.
But that's not all. Some people try to blame vehicle damage due to improper storage on the owner. Roughly speaking, the person did not want to purchase additional VIP storage services, that’s his problem. And the fact that the paint has started to peel off the car after only 4-5 months of storage is also a problem for the borrower. After all, he “such a bastard” did not take the VIP storage service.
In fact, it is appropriate to refer to Article 358 of the Civil Code. The lender bears financial responsibility (full) for damage or loss of the car. Responsibility for improper storage of the vehicle falls on the car pawnshop, and not on the borrower.
The first rule: never sign the acceptance certificate without inspecting the car. By signing such a document, you release any potential claims and liability of the pawnshop. And then it will be problematic to prove something in court. It is better to prevent this problem in advance than to bother with the courts later.
The refund deadline has not passed, but the car was resold
This is a direct violation of the law. Even if it is stated in the contract. Have to:
- Go to court.
- Recognize part of the contract as invalid.
Problems with the sale of credit cars are generally typical even for our banks. Let's look at one simple example from 5 years ago.
We have a borrower who bought a foreign car for 800 thousand rubles. He paid only 250 of them with personal funds. The person took out everything else on credit for 36 months from a banking organization. Naturally, the bank provided a condition under which the borrower could not sell the car until the end of the contract. Those. until the loan is repaid in full. If such a condition was violated, the bank could issue a demand for early repayment of the entire loan.
The borrower did not care about the established requirement. He simply sold the car to another person. He, in turn, registered the car as expected, and even took the original PTS. And this is where the fun began.
The bank finds out about the transaction and makes a demand for payment of the debt through the court. An additional requirement will be the return of the car from the second buyer. To pay off debt.
The irony is that the second buyer did not know about the loan. He tried to invalidate the collateral agreement. Filed a corresponding claim. The court of first instance satisfied all the bank's demands. The car was taken away. The second owner's claim was denied.
The appeal took a different route. According to Article 352 of the Civil Code, the pledge is interrupted after the acquisition of property by a person who does not know about the encumbrance.
The fun was just beginning. Because bank lawyers reached the Supreme Court of the Russian Federation. There the act of appeal regarding the collection was canceled. The conflict went into a second circle.
We gave this example for a reason. Because even in the situation with banks and seemingly official lending, different courts made diametrically opposed decisions. Some decide to repossess the car (even though the buyer did not know about the collateral, loans, etc.). The traffic police calmly registered the car. The appeal restores “justice” by annulling the requirement to seize the car. But then the Supreme Court steps in and returns everything to normal. But with additional explanations.
Now imagine what will happen in a situation with a pawnshop. Yes, the legislation clearly sets the rules. But they can sell your car even earlier, hoping that you simply won’t get to court.
What to do in such a situation
If a child is offended, listen to the advice of psychologists who recommend what to do in such a situation. Start by having an open conversation with your kindergarten teacher. She spends a lot of time in the group and knows better than others what is happening there.
Don’t be afraid to show concern; if necessary, ask to take a closer look at the baby. If the conversation turns out to be unproductive, the teacher is not ready to meet halfway, you can contact the kindergarten administration.
To figure out the situation yourself, to understand what exactly is happening to the baby, try playing kindergarten with him. Let his toys be teachers and children. Project several situations in which naughty kids begin to play pranks.
Observe how your child models the behavior of other children and teachers. Watch his reaction carefully. What is especially important at these moments is his emotional state, the way he treats the offended and fighters.
Involuntarily, the child will copy the real state of affairs in the group. Therefore, parents will be able to clearly see how conflicts are resolved in kindergarten.
Cheated at a car pawnshop with the price of a car
To prove this, an independent assessment will have to be carried out. Let's say right away what you need:
- Look for appraisers from another entity.
- Prepare to challenge decisions at first instance.
By the way, the court may not take into account your independent assessment. They will always have the opportunity to conduct their own assessment, which will be taken into account in the process of resolving the conflict.
Recovery of damages from a pawnshop will have to be supported by evidence. A professional lawyer can help you with their collection and legalization. Let's just say this process is not the fastest. Especially if the resolution of the dispute with car pawnshops takes place somewhere in the deep provinces. Where a car pawnshop can be “tied up” with other parties to resolve the conflict. Therefore, prepare for appeals. Issues are usually not resolved in any other way in Russia. But you need to defend your rights.
What to do if a child is bullied by other children in the kindergarten?
So, what to do if a child is offended by other kindergarten students, for example, classmates? First, you should talk to the teacher, but you need to do this in a calm tone and without accusations. You need to listen to him and try to understand the problem. If the “supervisor” blames only you, saying: “There are only problems with your Vanya,” then do not rush to take her word for it!
Chat with other parents. Perhaps they also have complaints that the students are poorly supervised, that they are left to their own devices. If you find like-minded people, get company and boldly go to the head - ask to take action, influence the teacher psychologically, or transfer you to another group.
If other parents have no complaints about everything that happens in the kindergarten, get a psychologist’s certificate that your child has no problems adapting to a preschool institution and feel free to bring him to the kindergarten. Let them figure it out themselves, and don’t bother you!
But if the reason that the child is offended by other children is some kind of defect (protruding ears, excess weight), then start solving the problem as soon as possible! Cover your ears with your hair, consult a nutritionist, sign up for classes with a speech therapist, etc. If the problem cannot be corrected (the baby wears glasses, has red hair, etc.), teach the little one not to react to the offensive statements of others. You may need to consult a psychologist.
Concluding our conversation, I would like to give you one more piece of advice on how to help a child if children offend him - buy him cool clothes so that he looks bright, give him some cookies for kindergarten so that he can treat his friends on a walk. And don’t be upset, everything will definitely be fine for you!