The Alberta Motor Vehicle Industry Council is warning the public to steer clear of Miks Motors Inc. of Edmonton. In fact, AMVIC has gone so far as to use the c word when referring to Miks Motors Inc., which was ordered to stop retailing without a licence.
“Unlicensed or improperly licensed sellers are considered curbers. If you suspect a curber you should steer clear and report it to AMVIC,” Laura Lowe, the council’s communication’s manager, said in release dated Oct. 29.
The battle started in April 2014 when a dealer complained to the regulator that pictures of the dealer’s vehicles were popping up on ads on AutoTrader.ca and Kijiji.ca under the Mik’s banner.
The dealer alleged that Miks was scraping the images from the dealer’s ads; the dealer said Miks had no permission to do this.
An AMVIC investigation confirmed the allegations and alleged other violations such as failing to disclose the total cost of the vehicle advertised and failing to disclose whether the vehicle in the ad was the vehicle advertised and the vehicle’s stock number.
All are violations of the province’s Fair Trading Act, Automotive Business Regulations and Cost of Credit Disclosure Regulations.
The director of fair trading found the allegations were indeed true and, acting under section 157 of the Fair Trading Act in May, ordered Mikhail Feldman, who was carrying on business as Miks, to stop or face suspension or revocation of his and the company’s retail licence.
Alberta law gives the director power to make an order without a hearing, but gives the dealer the right to appeal the order. Neither Feldman nor Miks appealed.
In January 2015, an investigation revealed that Mikhail Feldman and Dennis Feldman, carrying on business as Miks, were alleged to be employing an unlicensed salesperson and operating under the name of A&M Autosales without being licensed to do so.
The investigation also alleged that there was no wholesale sales agreement between the two companies.
The director confirmed the allegations in January and ordered the salesperson to apply for a license or stop selling. The director further ordered Dennis Feldman to stop selling vehicles as A&M Autosales without a license.
The orders were not appealed.
Later that month, the director found that both Mikhail Feldman and Dennis Feldman had no retail licence and were ordered to cease retail selling altogether.
The orders were not appealed.
In July, an investigation confirmed that Miks had no retail licence. The director ordered the duo to stop selling without a licence.
In late October, it appeared that the duo was still carrying on a retail business as Miks without a licence. So AMVIC has applied for a court order to enforce the director’s orders, meaning the Mikhail Feldman and Dennis Feldman could go to jail for contempt should they defy the order.
Dennis Feldman denies the allegations.
In a written statement to CBC News, Feldman said Oct. 29 “the company has not yet had its day in court to dispute AMVIC's statements.”