September of this year was not an easy time for the multi-brand holding "Independence". In the press and even on television, everyone was actively discussing the scandal that erupted actively around the above-mentioned organization. The problem was that this company, essentially a car dealership, simply stopped issuing vehicles to its own clients, which, by the way, had already been paid for in advance. The largest dealer in Russia stopped answering consumer questions and commenting on this situation in any way, spreading rumors that very soon the corporation would simply declare its own insolvency as such - bankruptcy.
How did events develop further?Deceived buyers began to turn to government agencies and directly to manufacturing companies, whose dealers were the Independence car dealerships. Thus, manufacturers began to solve this issue by issuing paid vehicles to deceived buyers, and all this was reimbursed directly at the expense of the manufacturer itself. In general, losses amounted to at least six billion rubles, which is the largest amount in the entire history of this business area, respectively.
The first to refuse cooperation with the WWII dealer, and then the Volvo Cars company also terminated all business relations with this company. The manufacturers themselves had to save the defrauded buyers, but this positive development of the situation did not affect everyone, and many still have an urgent question about how to return their own money or still get a vehicle for which they had already paid financially for a long time.
It is worth noting the fact that the scandal has become of interest to a huge number of media representatives who actively keep their finger on the pulse of events around the company and the scandal itself. Thus, official sources report that both the BMW company and the car manufacturer Volvo Cars have already terminated the contract with the specified dealer and even held tenders regarding who will subsequently be the representative of the official type in Russia. However, the companies have not yet reported the results and we can only wait for statements.
In addition, an investigation is underway into the situation that caused the scandal. By the way, the owner of 50% of the company’s shares, Roman Tchaikovsky, does not comment on his situation and does not communicate with the press. Investigations showed that Independence's problems began quite a long time ago - several years ago the company took out its first loan. Now its amount has increased significantly and directly amounts to at least seven billion rubles. Earlier it was said that the company was in a hurry to declare bankruptcy, but state-owned banks recently began to report that negotiations are currently underway regarding the immediate restructuring of loans. The possibility of repaying some of the loans using shares of this company is being considered. However, no official sources have yet provided more detailed information.
Deceived clients began to talk about the problem and manufacturers, as has been said many times in this article of our official resource, independently took up the direct solution to the issue. To date, BMW reports that they have been able to completely eliminate the problem of the issue regarding their customers who made full payment for the vehicle, but did not receive their goods accordingly. Other car brands and their representatives report that this particular issue is in the active stage of its immediate resolution, respectively.
However, it is worth noting the fact that in this barrel of honey there is a rather large fly in the ointment. After all, a huge number of buyers made only partial payment for their future vehicle, or the payment was not the full amount, but close to the full payment. With such clients, things are somewhat more complicated and, it is worth noting that official representatives have not yet commented on this situation and, accordingly, have not reported whether the problem of this formulation of the specified issue is being resolved or not.
But buyers do not give up and are actively trying to defend their rights, although no one can clearly answer these questions for them, or provide any guarantees in this regard. But we will further try to consider this issue in more detail and together find a way out of such an unpleasant situation accordingly.
Those buyers who registered their purchase not as an individual, but as a legal entity, will also face difficulties regarding direct payments of money spent and/or return of vehicles. According to sources, in this case, getting your money back or getting the promised car back will be quite difficult and not at all as simple as it might seem at first glance or as was the case with those clients who were able to get what was promised. We’ll talk about this in more detail later in this article on our official resource.
It is worth noting the fact that not only buyers of the largest dealer "Independence" encounter the subject of deception directly at the car dealership, but also many others who use the direct services of car dealerships that are not as widely known to the public as the one already mentioned above. Is it worth talking about what is on the minds of almost any potential buyer of such salons? Few people think about how carefully they should pay attention to all the details of a transaction, and not everyone carefully checks such details. Most people live with the dream that they will soon have the opportunity to get behind the wheel of a new vehicle.
It is worth noting the fact that the issue of direct deception in car dealerships has become almost a “tradition” of almost any organization of this type, and the worst thing is that the statistics are far from the most reassuring, regardless of the region of the country and the financial situation of the potential consumer, respectively, that only speaks to the high need to take such issues seriously.
If you have no desire to simply get caught in a rather large loan to get your vehicle, to be deceived about the authenticity of the car being offered, and also to avoid other unpleasant situations, then stay with us and continue reading this article.
Cheating option - too cheap carNeedless to say, it’s time for all of us to get used to the fact that in the realities of the modern world, in reality, free cheese is only in a mousetrap. And this applies not only to the transport industry of the domestic market directly. If you are urgently offered any product on terms of incredible benefits - a car is several times lower than its immediate market value, then you should think very carefully about the topic - where could there be a catch? Understand that there is no reason for anyone to work at a loss - there is no point in such a business.
It's no secret that any fraudulent actions in our state are illegal and are accordingly prosecuted in accordance with the current legislation of the Russian Federation. It is worth noting the fact that procedurally, fraud directly in car dealerships can be qualified by the court in different ways:
- administrative offense;
- criminal offense of law.
Thus, the responsibility of the scammers itself will also differ quite a lot. In order to qualify a crime, it is worth turning to the Law “On the Protection of Consumer Rights” and carefully studying the situation in order to find out which provisions of this law were violated in this particular case.
Fraudsters can be brought to criminal liability directly under Article 159 of the Criminal Code of the Russian Federation if the case involves the fact of almost direct deception of the client, the presence of actions that imply such deception, respectively. This point may apply to any options that are offered by the specified organization: obtaining insurance, fraudulent actions regarding the sale of low-quality goods to the buyer, fraudulent actions regarding the final amount of the cost of the vehicle, and so on.
For the rest, you need to prove the presence of illegal actions of the car dealership regarding you specifically, and such a professional as a lawyer and/or attorney can best help you in this process.
Everyone decides the answer to the question posed independently. However, if you fall into the hands of scammers (at Independence or any other car dealership), you should have only one solution - to fight for justice and, above all, for your own interests. You should not give up, especially since we are not talking about small amounts of money.
If you are well versed in the topic, have sufficient qualities of pressure, perseverance and penetration, then you can easily improve your own knowledge of the jurisdiction and go into the open spaces of independent protection of your own rights and your financial situation. You can also independently represent your own interests in all government agencies directly, if you have sufficient knowledge and experience of a procedural nature directly.
In the event that you do not have such direct qualities, then it is best, of course, to entrust the direct solution of this issue to the shoulders of a true professional in his field. At the first consultation, your lawyer (attorney) will talk about the prospects for your case and the realities with which you can then work accordingly. This way, you will immediately define your goals and can always be confident of a positive guaranteed result from your lawyer directly.
Needless to say, it is quite difficult to talk about any specific conclusions or decisions regarding the above in this article of our resource. Let us remember that the immediate problem was that this company, essentially a car dealership, simply stopped issuing vehicles to its own clients, which, by the way, had already been paid for in advance.
The largest dealer in Russia stopped answering consumer questions and commenting on this situation in any way, spreading rumors that very soon the corporation would simply declare its own insolvency as such - bankruptcy. Deceived buyers began to turn to government agencies and directly to manufacturing companies, whose dealers were the Independence car dealerships. Thus, manufacturers began to solve this issue by issuing paid vehicles to deceived buyers, and all this was reimbursed directly at the expense of the manufacturer itself. In general, losses amounted to at least six billion rubles, which is the largest amount in the entire history of this business area, respectively.
The main feature that can be summed up to everything that was said above in this article is to never give up and continue to use all the methods available to you to prove your rights and get what is legally yours. Needless to say, even if you are not yet able to get your vehicle or sue the largest dealer in Russia "Independence" for money, this is only a temporary phenomenon and when more precise decisions on this case will be made and signed relevant documents, then your situation will improve significantly, and your issue will be resolved quickly enough.
Important! For all questions regarding fraud at a car dealership, if you don’t know what to do and where to go:
Call 8-800-777-32-63.
Or you can ask a question in any pop-up window, so that a lawyer on your question can answer and advise you as quickly as possible.
Consumer rights lawyers and attorneys who are registered on the Russian Legal Portal will try to help you from a practical point of view in this matter and advise you on all issues of interest.
Car dealer "Independence" has stopped selling cars in its showrooms in the capital. The group, against which a bankruptcy claim was filed, still has several centers in the regions.
The Nezavisimost auto dealer group has closed its last car sales points in Moscow. A source close to the group told RBC about this and was confirmed by a company partner. A representative of Independence confirmed to RBC the closure of all Moscow salons of the group.
The car dealer's website and car dealership phone numbers are not working. According to the official websites of Audi and Volkswagen (the last two brands with which Independence had dealer agreements), the company is no longer their official dealer. A representative of Volkswagen (which includes the brands Volkswagen, Audi, and others) said that there have been no “changes in the status” of Independence: the company remains a dealer of its brands.
Now the group continues to operate several auto centers in the regions - Ford in Yekaterinburg and Ufa, Peugeot in Yekaterinburg. A representative of Ford Sollers told RBC that the group's car dealerships in these cities continue to sell cars, but as of December 1, the contract with Independence will be terminated. A Peugeot spokeswoman said the contract with the dealer is valid until the end of 2017.
Independence's problems worsened at the beginning of 2017. The company changed its manager and began optimizing business processes. The total debt of the group is about 6 billion rubles. Its main creditors are Gazprombank and Sberbank. On November 24, Gazprombank filed bankruptcy claims against a number of Independence structures.
At the beginning of 2017, the group had eight owned and four leased dealership centers in Moscow and the regions. In July, the car dealer closed a number of car dealerships in Moscow (Volvo, Land Rover/Jaguar and Volkswagen) and Yekaterinburg (Volvo, Mitsubishi and Kia). At the end of September, Independence lost its contract with BMW. Then a representative of the dealer told RBC that the group was considering the possibility of terminating the agreement due to unprofitable sales of this brand. According to him, in 2017, Independence lost about 300 million rubles on sales of cars of this brand. due to low margins. Later, Kommersant, citing its sources, reported that the Avilon car dealer group could occupy the Belaya Dacha dealership center, which Independence rented for the sale of BMW cars. In October, Volvo, Jaguar/Land Rover, Mazda and Mitsubishi also terminated their dealer contracts with Independence. As a result, the dealer was left with only Audi, Ford, Volkswagen and Peugeot.
Chairman of the Board of Avilon AG Andrei Pavlovich told RBC that Avilon is now in the process of completing a transaction to purchase a BMW auto center. According to him, dealers specializing in the sale of specific brands may show interest in other Independence car dealerships. “It is very difficult to repurpose auto centers for other activities, and the network in Moscow is very established in terms of location. If banks suddenly sell Land Rover centers, then dealers of this brand will be more likely to be interested. It will be possible to work there only with those brands that Independence worked with,” he concluded.
Two automakers - BMW and Volvo - broke their contracts with Independence. The company's customers claim that they can neither receive their cars nor get their money back. There are already 70 such people
Problematic “Independence”: clients of one of the largest Russian car dealers claim that he does not give cars to customers. The Independence dealer group has been working in the market for more than twenty years, but within a week it lost contracts with two automakers at once - BMW and Volvo. What is happening and will buyers be able to get their cars that they have already paid for?
In mid-July, Gleb Pimenov and his family came to buy a car at the official BMW dealer, the Independence showroom. It was 50 thousand rubles cheaper than others. As a result, we bought two cars: another one for my mother-in-law, on credit. Moreover, she was able to pick up the car after five days, and Pimenov was promised to give his car back in 15 days. But at first they fed me with promises that it would literally be “just about.” Then the salon reported that the sales manager had quit and would have to wait a little longer. And so on until September. As a result, Pimenov took decisive action: he came to the salon and blocked the main entrance so that it could no longer be ignored.
Gleb Pimenov buyer “I parked my car opposite the entrance and turned on the alarm. Half an hour later, the head of the security service immediately arrived at the scene. In front of me, he supposedly called the general director of Independence, he was assured that they would give me the car. I said that the action will continue until you give me my car. We called the local police officer and investigative actions began. As a result, information appears that our car was paid for by Independence. Everyone signed. And they give us the keys, we are like: “Lord, thank God!” We got in and left. The next day, the first thing I did was read all the documents, it turned out that our deadline there had been changed. Instead of 15 days, they entered 37, so that we would have no grounds at all to present any penalties.”
About 70 people never received cars from Independence. Moreover, VIN numbers are not indicated in the contracts, it is only in one agreement, and this car was found at another dealer in Samara, says Dmitry Zolotov, coordinator of the public project “Movement”:
Dmitry Zolotov, coordinator of the public project “Movement” “When we started communicating with the senior manager, and, as we were told from his words, they will not make contact with us, because they do not agree with terrorists. People contacted us, including Nikolai, the victim, who said that he had been unable to pick up either his money or his car for more than six months. It turns out that since March 9 he has been in limbo. At first he waited three months for a car, his patience ran out, he wrote a termination agreement. Now he hasn’t been able to get money for three months. We came with him, we wanted to talk to someone from the management, but things are still there: they threw him 50 thousand - and that’s it.”
One of the Independence employees spoke with Business FM on condition of anonymity. According to him, delays in issuing cars began a year ago, and this summer the situation became critical:
— At the end of the summer, cars were no longer issued at all for two or three months. In September they proposed not to sell the cars because it was unclear what would happen next. This was the initiative of our manager directly, because he was also afraid for the sellers, some clients even managed to find the addresses where the employees were located, for example, they rented an apartment, that is, it was terribly simple. One day we were asked not to go to work. We described the situation that that’s it, we are closing, so we offer you to pay 20 thousand rubles for several months of your work, and we part ways.
— How did management explain to you why cars were not delivered to customers on time?
— This was my first experience in selling a premium brand. I was told from the very beginning that it was normal that cars would take so long to be issued, and I believed it. The managers also knew little. Everyone understood that something terrible was going on, that we had some specific financial difficulties, and the whole team tried to somehow steer it out.”
The shareholders of one of the largest Russian car dealers are the investment company A1, part of Mikhail Fridman’s Alfa Group, and the founder Roman Tchaikovsky. It seems that Independence was crippled by the crisis and a sharp decline in sales last year - by almost a third. Problems have arisen with debts—Independence has more than 6 billion rubles. Gazprombank recently announced that it intends to go to court “due to the presence of signs of bankruptcy.” But Nezavisimost itself told RBC that this is a technical procedure and negotiations are underway with the bank. They also explained the loss of the contract with Volvo as a technical procedure, which, following BMW, announced the termination of the dealer agreement. But what should customers do who still haven’t received their cars? Business FM asked Volvo Car Russia PR Director Anton Svekolnikov:
— At the moment, Nezavisimost does not have the opportunity to buy cars from the importer, so we recommend that customers take the money from Nezavisimost and contact other Volvo dealers.
— That is, Volvo does not directly participate in the fate of these customers?
— We are negotiating with the Independence company to ensure that they return the money to clients. But the law does not provide us with legal mechanisms to influence the Independence company regarding the return of these funds.
BMW has already issued cars at its own expense to 35 customers who made full prepayments, and is still deciding how to help the rest. It was not possible to get a prompt comment from Business FM “Independence” itself. Under the guise of a client wanting to purchase a car, Business FM producers called the company’s office, where they were assured that the showrooms were open:
— If I make a full prepayment, how long will I have to wait for the car?
— You wait 14 working days for the PTS.
— I saw the news from your company, which was not very encouraging. Tell me, how are you doing there?
— Yes, everything seems to be in order, but there is a restructuring of the company. We sell cars, our discounts are just not as big as they were before.
- No, I saw that you have problems, people can’t take their cars.
- No, everything is fine, everything is normal. If there are, then very small delays.
— Do you not have to worry about the company closing in the near future?
- Certainly.
The company says that it is now “in the process of restructuring its loan portfolio.” And the deceived clients, who did not receive their cars, are ready to sue, but, however, they are afraid that there will be no way to return their money to Independence.
Volvo about a month ago switched with Independence to an advance payment scheme, but is receiving customer complaints about delays in car delivery, and Mazda customers are waiting for cars longer than the average for the brand’s dealer network, the companies told RNS. Earlier, BMW reported that Independence was violating the deadlines for transferring purchased cars to customers and, to ensure the safety of the cars, the company was removing them from the territory of the dealership center.
“Approximately since August, we have been working with the dealer on a prepayment basis, i.e. We ship the cars to him after receiving full payment for the cost of the car to Volvo Cars. We are aware of customer complaints regarding late delivery of vehicles by Independence. At the same time, we also know that many customers who contacted us with complaints received their cars with a delay,” the Volvo Cars press service told RNS.
“Unfortunately, delays do occur in isolated cases, but the company’s management is doing everything possible to prevent such incidents in the near future,” a representative of Independence told RNS.
Now Volvo has one dealership on Yaroslavskoye Shosse in Moscow. “In July, by decision of the Nezavisimost Group of Companies, Volvo Car dealership centers on Leningradskoye Shosse in Moscow and Yekaterinburg were closed,” the company said. The company is now negotiating with the dealer “on further steps to stabilize the situation with the delivery of cars to customers.”
Mazda customers wait longer than usual for cars, but customers agree to wait by signing agreements with the dealer, Marina Zanarevskaya, commercial director of Mazda Mtotr Rus, told RNS. “The average time for issuing cars to customers after signing a contract at the Mazda dealer - the Nezavisimost company - is longer than the average for the Mazda dealer network. However, this is initially reflected in contracts with clients, so the dealer is correct in fulfilling contractual obligations,” she said.
In July, one of the Independence centers on Leningradskoe Shosse in Moscow, where Volvo, Jaguar and Land Rover were present, was closed, as well as two centers in Yekaterinburg. The remaining Jaguar and Land Rover center is now operating, a representative of JLR's Russian office told RNS.
Now Independence, in addition to Jaguar, Land Rover, Volvo, Mazda, BMW, sells Audi and Volkswagen cars. The brands' press services did not respond to RNS's request. Independence also services Ford, Mitsubishi, and Peugeot cars.
“The management of the Independence group of companies regularly meets with representatives of importers, including a meeting with Volvo today. During this meeting, a plan for working together to normalize the situation was discussed. The company's activities continue, we are in constant communication with all participants in the process - importers, clients, partners. We issue cars every day and provide maintenance services,” said a representative of Independence.
As Kommersant has learned, competitors are beginning to dismantle the dealership centers of the troubled Nezavisimost Group of Companies: the Belaya Dacha center, which sold BMW, may be taken over by Avilon. BMW notes that they never received money from Independence for the cars they sold and give them to customers at their own expense. Other concerns, including Volvo, have had similar problems with dealers. At the same time, Gazprombank has already announced that it intends to bankrupt the problematic dealer.
The Avilon holding may take over the Belaya Dacha BMW dealership, which is now part of the Nezavisimost Group of Companies, industry sources told Kommersant. Avilon works mainly with premium and luxury brands; it already has BMW in its portfolio - a center on Volgogradsky Prospekt. Independence has two BMW dealerships. One of Kommersant’s interlocutors says that Independence rents the building of the center in Belaya Dacha. Another Kommersant source notes that we can talk about both renting and purchasing a legal entity along with the unresolved obligations of the previous owner. Another Kommersant source noted that there are no plans to hold a tender to select a new BMW dealer.
The Nezavisimost Group's portfolio includes Audi, VW, BMW, Jaguar, Land Rover, Volvo, Ford, Peugeot, Mitsubishi. Investment group A1 owns 49.95%, the rest is owned by Roman Tchaikovsky.
In mid-September, Vedomosti reported that Independence did not fulfill agreements with BMW, which led to the suspension of the dealer’s work with the brand. According to the automaker, the dealer violated the deadlines for transferring already paid cars to customers because he did not buy the title from the importer. Independence insisted that they intended to fulfill their obligations to customers, and also claimed that they continued to conduct a constructive dialogue with the BMW representative office. On Wednesday, Independence announced that the dealer and BMW have resumed issuing cars to customers, having resolved “all technical issues,” and customer service is contacting customers to agree on dates. A Kommersant source familiar with the situation notes that up to a hundred clients encountered the problem, about half with full payment. He did not rule out that the importer would file a claim against the dealer.
On Thursday, BMW did not comment on the situation with the center at Belaya Dacha, but stated that they actually issue cars to customers at the site themselves, taking the financial risks upon themselves. BMW never received money for the cars from Independence, and two weeks ago a notice of contract termination was sent (effective October 1). Cars are issued after payment verification; five cars were issued on Wednesday. Independence told Kommersant that they were considering the possibility of terminating the contract with BMW due to “the constant unprofitability of the sale of brand cars and the lack of prospects.” Avilon did not comment on the situation, but noted that BMW is a profitable business for the company, and emphasized the interest in cooperation with the brand.
However, it turned out that Independence also has conflicts with other suppliers. On Thursday, Volvo told Kommersant that the dealer is not able to order cars, information about it has been removed from the website, and the company does not recommend that customers contact Nezavisimost. Volvo retains the option for the dealer to receive vehicles upon full payment. “We set a condition for the dealer to issue all paid cars to customers as soon as possible or return the prepayment,” the company says. In the coming days, Volvo will decide on further cooperation with the dealer. Jaguar Land Rover “Kommersant” only noted that “Independence” is an official dealer, but currently does not sell cars. Mitsubishi (they work on 100% prepayment) and Ford Sollers did not encounter similar problems. Peugeot said that there had been no complaints from buyers regarding the delivery of cars by Independence, but added that the contract with the dealer expires at the end of the year, and the issue of its extension is under consideration. On Thursday, GPB published notices of intention to file claims in connection with the presence of signs of bankruptcy against the Nezavisimost Group of Companies.
The financial situation of Independence has remained difficult for several years. In February, it was announced that shareholders would further finance the company (the volumes were not specified) and would replace top management. In 2015, Nezavisimost restructured its debt to Gazprombank for 2.6 billion rubles. (as Kommersant wrote, the loan was extended at least until 2019). A1 noted that they are in the process of negotiations with banks and “it will be possible to talk about additional investments only after their completion.” Previously, Interfax sources claimed that A1 refused to finance the dealer and would not interfere with its bankruptcy if one of the counterparties initiates this process.
