The most common ways Consumers are deceived
- Inflated price – the price of the vehicle is higher than the average market price or the price set by the Manufacturer for official dealers of the brand in question.
- The terms of the loan agreement do not match those agreed during the paperwork - a scheme for deceiving Consumers in which documents are substituted during signing.
- Imposed additional services - under clause 2 of Article 16 of the Law of the Russian Federation "On Protection of Consumer Rights", it is prohibited to make the purchase of certain goods (works, services) conditional on the mandatory purchase of other goods (works, services). Accordingly, Insurance policies and various Subscription agreements imposed at a car dealership violate Consumers' rights and are subject to termination.
- Defective goods – a vehicle purchased from a car dealership must be fit for the purposes of its use and conform to the terms of the Agreement, regardless of whether it is new or used. Information about defects in the goods must be communicated to the Buyer in full and in an accessible form.
- The vehicle sale and purchase agreement was concluded under pressure - a scheme for deceiving Consumers in which the Buyer pays money into the Car Dealership's cash desk before signing the final Sale and Purchase Agreement, and is subsequently told that the money was paid as a deposit, which is not refundable if the buyer withdraws from the transaction.
- Failure to provide complete and accurate information about the goods - used cars are often sold at Car Dealerships with the mileage rolled back (altered odometer readings); in addition, cases of cars being sold with restrictions on registration actions are not uncommon.
Legal analysis
- Review of the available documents in order to identify genuine legal grounds for satisfying the Consumer's claims.
- Selection of the relevant legislation and case law for the specific situation, taking into account the particular features of the dispute.
- Determining the position on the case and the work plan.
Gathering the necessary information and documents
– a set of measures to gather evidence, including requests to authorised organisations as well as state authorities, commissioning (where necessary) an automotive engineering, handwriting or other expert examination, and obtaining written evidence that the Consumer does not have.
Pre-trial settlement of the dispute
– the procedure provided for by Law for approaching the Defendant out of court with a demand to restore the Consumer's violated rights. The Seller is obliged to satisfy the Consumer's lawful demands within 10 days of receiving the relevant claim. After this period expires, the Consumer is entitled to recover a penalty of 1% of the amount of the claim and a fine of 50% of the sum awarded to the Consumer by the Court.
Court proceedings
- Representing the Consumer's interests in Court, performing the full range of actions aimed at achieving a positive outcome: drafting procedural documents, filing the necessary motions and involving the necessary persons in the proceedings.
Enforcement of the Court decision:
- Obtaining a writ of execution and then submitting the relevant application to the Bank where the Car Dealership's settlement account is held. The funds are transferred directly to the Consumer's bank details.