Dreaming of a new car? Oleg Gurin from Tyumen can tell how buying a new car from a joyful and long-awaited event can turn into a nightmare and horror. Well, what else can you call it if the car from the passenger compartment broke down almost on the very first day.
Moreover, having already plunged into litigation, Gurin was able to make sure that the Gold Auto dealership is not at all what he is trying to portray.
Oleg Gurin bought a car in 2019. But I only drove it a couple of times
The whole truth surfaced when the foreign car almost immediately found defects and the new owner, disappointed in the purchase, wanted to break the contract with the car dealership. But it turned out to be impossible! Gurin went to court. And right at the hearing, the owner of the car showed up, who, to the amazement of Gurin, turned out to be the very manager of the salon who was just in charge of the purchase. It was he who convinced Gurin, having noticed, apparently, some doubts in the eyes of the buyer, he was filled with a nightingale that the car was new, although after a short test drive, it just couldn’t be better! And Gurin gave up.
However, the history of the “new” crossover Gurin, when clarifying the circumstances, turned out to be rich in unexpected twists and turns. The car already had several owners, including an unknown resident of the Sverdlovsk region (no one can find him) and another car dealership. Two other former owners – the non-existent organization LLC “Companion” and the same manager, who, however, continued to convince the court that the car was just great!
In court, the enterprising manager admitted that he avoided declaring the car, so he did not register it. The law allows you to do this if you purchase a car under a rolling contract.
The manager, who is also the owner of the car, actually appeared before the court as a real angel. He told the judge how he helped Gurin in everything, “in his own way” he offered to eliminate some of the breakdowns of the foreign car. And he does not understand why the buyer was not satisfied with this state of affairs. Oleg Gurin was offended not only by the fact that he was literally sniffed a used car like a new one, but at the same time a complaint should not be sent to anyone – a letter to LLC Companion (with whom the contract was drawn up) was returned all the time.
In the car dealership, they just shrugged it off. Meanwhile, the Tyumen citizen continued to pay off the loan for the broken car, which was no longer possible to drive. Hawtai Laville had to be left in a guarded parking lot. He was sure that the car dealership, having lost the court, would reimburse him all the expenses, take the faulty foreign car from him and return the money. But in an amicable way, the company did not decide this issue. Then the unlucky owner of the Chinese crossover hired a lawyer. So, step by step, this story began to unravel – and a crime was revealed, for which, in the end, no one was punished. But first things first.
How did the commission car get into the salon?
The car dealership changed its owner. Now there are other owners here who have nothing to do with this ugly situation. Judging by the latest photos, the sign on the building remains the same, but the owners are new.
After two years of litigation, it turned out that the vaunted Hawtai Laville from the dealer was not a new car, before that it had four owners. But how did he end up in a car dealership? The “manager” and professional reseller Tural Mammadov added a commission car there. A man hunts cars for sale on the Internet. He bought cars at a bargain price, did his “pre-sale” preparation and again put them up on ad sites, but at a different cost. If the car was not very much in demand, then he sold foreign cars through car dealerships.
Among these was Hawtai Laville. Tural Mammadov paid a commission to the store for the fact that his foreign car was in their showroom. On the day when he was just at the car dealership, Oleg Gurin came. Mamedov saw that the Tyumen citizen was interested in a Chinese car,
– They explained to me that the price was greatly reduced (the newly-made owner bought the car for 1.1 million rubles – cheaper by several hundred thousand similar cars. – Ed.), Since the car after a test drive, with low mileage. When we started the car, we saw a mileage of 9600 kilometers. Not small, of course, for a test drive, but it seemed to me that not so much. I was assured that the car was serviced by the company. I, not expecting any dirty tricks, decided to buy, – said Oleg Gurin.
What oddities did Tyumen not pay attention to when buying
Then the strange began. Oleg Gurin says that he did not immediately understand what was happening. He, elated by the purchase, seemed to close his eyes to everything. Although he made attempts to understand the “oddities”. For example, in the loan document the price of the car was different (it was 50 thousand rubles higher) and it was said that the car was bought for cash, not credit. Then an unknown company LLC “Companion” appeared in the contract of purchase and sale.
The man asked what kind of organization it was and what it had to do with the car dealership. To which they replied: “Don’t worry, this is our subsidiary company.” At the same time, the money taken from the bank was transferred to the account of the car dealership. Only then did the Tyumen get the title. It is strange that he was not embarrassed by the presence of a state mark on the car and the absence of a sales receipt after purchase.
He liked the car immediately. He did not notice any defects in the cabin.
The excitement from buying from Tyumen vanished very quickly. The car had a lot of problems – from flying mirror covers to electrics. In the car dealership, where he immediately turned, they promised to solve some of the breakdowns under warranty. But on condition that before that it is necessary to undergo paid maintenance. It seems that after that, Oleg Gurin regretted the purchase of a car, in which you need to invest money almost immediately after he left the salon.
The fake company was registered by a firefighter. But why?
There was no one to sue because of the cleverly drawn up sales contract. The car dealership did not undertake any obligations and did not respond to the presented claims. And after many unsuccessful attempts to find people from that very Companion LLC, it turned out that the name of the director and the address of the organization were unreliable.
After a while, the founder of this company was found. It turned out to be a fire engine driver who had never conducted any business. The poor guy admitted that he agreed to register an LLC for a fee. With such a proposal, a certain Alexei approached him several years ago. Oddly enough, he no longer remembers anything about him. This person explained to the driver that he was only required to register a legal entity. Other people will do the rest for him. The fireman was convinced that there was nothing illegal in this. They promised to pay 5 thousand rubles. Then he admitted to law enforcement officers that he did it only because of a small salary. It turned out that at his job he was paid only 15 thousand rubles, which is not enough to live on.
Alexey took copies of the necessary documents from the man and left. After a while, he called and explained what they needed to see a notary together, discussed what would need to be said when drawing up the documents. Brought him in and made sure everything was ready. The notary, which is remarkable, had some other person – the previous founder of the LLC. The fire engine driver said that his name was Nikolai. And that’s all he knows about him.
In the end, no one paid the driver who went for this scam.
Only after the story with Oleg Gurin, when the police came to the driver of the fire truck, he went to the tax office and wrote a statement that he had not been involved in any business activity and had not made any transactions.
Now the limited liability company “Companion” has been liquidated. But, judging by information from open sources, many different operations were carried out through it. The organization’s revenue in 2017 was more than three and a half million rubles.
In the actions of the driver of the fire engine, law enforcement officers saw a crime under part 1 of article 173.2 of the Criminal Code of the Russian Federation “Illegal use of documents for the formation (creation, reorganization) of a legal entity.” But they did not attract a failed entrepreneur who himself became a victim of circumstances.
“The offense provided for in this article is a minor offense. According to paragraph “a” of Part 1 of Art. 78 of the Criminal Code of the Russian Federation, a person is released from criminal liability if two years have elapsed since the date of the commission of a crime of minor gravity, ”the police decree says.
And where does the car dealership get the “Companion” stamp?
The documents were processed in the salon. But the contract was not signed with Gold Auto
Oleg Gurin believes that the seal in the documents on behalf of this company may have been put by an employee of the car dealership. But the store itself has a slightly different version. The manager explained in court that he himself had bought the car from Soratnik LLC. He did not have the seal of this organization. But there were blank forms with a stamp.
– When I bought the car, I asked to put the seal of the previous owner. I did not possess the seal of LLC “Companion”, there was a seal on the sales contract with Gurin. We just entered Gurin. The fact that it is not inscribed, but imprinted, is because I had their phone number. We invited them, they came, put a seal while Gurin went to the bank, – Tural Mammadov explained in court.
Our hero doubted the veracity of these words. Because there was one small but significant detail. Tural Mammadov has already signed for Soratnik LLC in one of the documents (the editorial office has photographic evidence).
As a result, it was still not possible to initiate a criminal case on this situation. Tyumenets could not prove that the car dealership had illegally enriched itself at his expense and that his deal was made according to a dubious scheme. The only punishment that the car dealership incurred was a fine for a “mistake” when drawing up a sales contract. The company paid five thousand rubles due to the fact that the transaction was made not on behalf of Tural Mamedov, but from Soratnik LLC.
After a while, the LLC, for which the car dealership was registered, went bankrupt. This is evidenced by an extract from the Unified State Register of Legal Entities. Now the store continues to operate under the same name. As we managed to find out, the owner of the car dealership changed.
What does the manager say?
Manager Tural Mammadov is a truly professional reseller. He told us about this by phone. We talked with him and found out what position he adheres to in the story with Oleg Gurin.
– We have passed more than seven ships. But in the end, the deal was recognized as valid. As the employees of the credit department told me, this whole story began with the fact that Oleg Aleksandrovich returned to the car dealership after the purchase, saying: “My wife did not like the car, how can I get it back?” When they explained to him that it was impossible (what is the point of selling a car to a salon and then buying it back), he began to look for flaws. At first it was a mirror. But this is not a guarantee case, so I even agreed to replace him myself. Then he complained about the gearbox, – the “manager” told the journalist 72.RU.
According to Tural Mammadov, the buyer specially parked the car so as not to damage it and return it to the car dealership through the courts. At the same time, according to the manager, the Tyumen citizen was confident in his righteousness and the ability not only to compensate for the money spent, but also to recover in excess of that amount.
– As for LLC Companion, at the time when I bought the car, the company was still active. I didn’t have any problems with her (Companion LLC. – Ed.). I sold this car by proxy. About the calculation specified in the contract – the car dealership does not care where the buyer took the money – a loan or cash. There is nothing wrong with the fact that it says “cash payment,” Tural Mammadov added.
What is it all for?
Tyumenets, together with his lawyer, when they tried to understand how the car dealership works, found out that the entrepreneur (reseller) avoided taxes and responsibility. During the deal, when Oleg Gurin’s contract replaced the loan money with cash, the employees of the store stated this openly.
For understanding, we drew up a simple scheme according to which the sale of a foreign car to Tyumen took place. This is exactly what the deal looked like through the eyes of the buyer (after the proceedings, of course).
But in reality, there are several more characters in this scheme. For example, to the table you need to add such a link as a reseller who, by agreement, sells commission cars in a car dealership. The store itself has additional profit from this in the form of a commission for the use of its premises. Thanks to the “slip” in the contract, when not credit money is indicated, but cash, the organization avoids paying taxes. The tax service did not respond to this circumstance in court, citing tax secrets.
Perhaps it is no coincidence that the money does not go to the salon. As we can see from the story with our hero, by specifying another company in the contract, you can evade responsibility. It is no longer possible to contact Rospotrebnadzor, because the company does not exist. And the police will not understand, because this is a civil law relationship.
Winning the court, as it turned out, is also a very unlikely prospect. But there are plenty of risks for people who bought cars according to this scheme. Firstly, the new owner can “get” on the unpaid taxes of the previous owners of the car. Secondly, if the car has not been taken off the register, and the previous owner has accumulated debts, then your “iron horse” runs the risk of being arrested. And thirdly, if an unknown company appears in the contract, and the money was also transferred to the car dealership, then it is likely that its founder may appear and demand from you the amount for the car (the sale and purchase agreement is still with him).
What to look for when buying a car?
Lawyers recommend checking whether the store is really an official dealer of a particular brand. To do this, study their website well, ask them for documents confirming this fact. Do not neglect reviews on the Internet and checking their company on the website of courts and bailiffs. Be wary if the so-called new car already has a license plate. And always ask for a sales receipt to prove payment. Always read the agreement, pay attention to the name of the LLC and such nuances as the method of payment.
Oleg Gurin is not the only Tyumen citizen who faced problems after buying a car. Before that, we talked about a man who managed to sue 2 million rubles from a car center for a defective car. How he did it – in the previous article.
Often, motorists fall into the hands of scammers when they decide to buy a car if its price is below market value. This happened in Tyumen last year, when suspicious car dealers began to work in the city. They did not allow customers to verify the vehicle identification number. And after long conversations, the price was still inflated, and potential buyers were persuaded to take loans.
