Is Our Consumer Credit Legislation Fit For Purpose – I Think Not!

Wednesday, 23. January 2019

This year I’m on a campaign to change our consumer credit laws, especially in the areas of motor finance. We have two products that account for the vast majority of new car finance, contract hire and Personal Contract Purchase (PCP). Contract hire accounts for about 85% of company acquisitions whilst Personal Contract Hire (PCH) is now starting to take market share away from PCP which has recently dropped from 85% of consumer new car registrations to 80% in 2018.
However, PCP is now being used by more people to finance used cars, estimated to increase the number of live PCP contracts to around 5 million. The point is that we have two major finance products that are fudged in legal terms. Legally there are no such products as PCP or PCH even though they represent the largest number of agreements.
Take out a Hire Purchase agreement or personal loan agreement and you are pretty much covered for all eventualities by the UK laws that govern them. But take out a PCP or PCH and you are referred to the Consumer Credit Act which was never set up with Contract Hire or Contact Purchase in mind. This means that the providers can pretty much include any terms they like into the contract without fear that they are breaking any laws.
 
Look at the top of a PCP agreement and it will show it as a Hire Purchase Agreement – which it isn’t, it’s a Hire Purchase agreement with a load of conditions. The same with PCH, it will show it on the documents as a Hire Agreement Regulated by The Consumer Credit Act 1974, at a time when PCH didn’t exist. So each finance providers cave pretty much free reign to include any terms and conditions the see fit to include. 
 
Two examples of confusing situations come to mind which cause all sorts of problems with consumers. The first is one that relates to PCP and what is known as Voluntary Termination (VT) which is the ability under clauses 99 and 100 of the Consumer Credit Act to hand your car back once you have paid 50% of the total owed.
The problem here is that the lenders don’t like it because it can lead to losses, especially if the car has covered very high mileage. As an example say you VT’d the car after 2 years of a three year contract. Your contract mileage was 10,000 per annum so you should have only covered 20,000 after 2 years but let’s say you covered 28,000 miles. Your excess mileage is 10 pence per mile so you should be charged a pro-rata excess mileage figure of 8,000 miles at  say 10 pence + VAT = £960.
 
This is the argument put forward by lenders. In fact this is incorrect and flies in the face of the Consumer Credit Act that was created before such things as excess mileage. So the law states that you can hand the car back to the lender irrespective of the mileage. However, when Renault pushed for payment from a customer and the Financial Ombudsman Service got involved they found in favour of Renault. It would be so easy to include a few changes to current legislation or introduce new legislation that dealt with PCP and set down a rule. It would save lots of confusion.
 
The issue that comes to mind with PCH is the extension of contracts. Every leasing company that allows for an extension (not all do) have a different way of calculating the lease extension rentals, which is wrong. There should be a standard method to remove confusion and make the extension transparent. I have a case against Mercedes Benz who increased my monthly payments by 20% for an extension even though my mileage was running at much less than my contracted mileage. Laws should make life less complicated – not more!
 
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By Graham Hill

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Data Protection At The End Of Your Lease

Thursday, 22. November 2018

I’ve warned about this before but since the tightening of Data Protection rules with GDPR it’s worth mentioning again. It all started a few years ago when the wife of a well-known football player part exchanged her car for a new one. When she sold the car she didn’t think of clearing down the information stored in her in-car telephone book.

 

The dealer who bought the car as a part exchange realised that he could access the telephone numbers and seeing that there were many mobile numbers of A-list celebrities he offered them to a National newspaper. When it came to light what had happened, after journalists were contacting the celebrities, a court case ensued. The dealer argued that as he bought the car he also bought the data stored in the car. The onus was on the previous owner to remove anything that wasn’t included as she would have done with any personal effects.

 

Data protection rules were not so tough at the time but even so the dealer was seen to be breaking data protection regulations and was fined. Since then, of course, the amount of data stored on your car has increased. Addresses, places you have visited along with telephone numbers and in some cases driving style. You may think that most of this information is pretty benign but it may not be.

 

If you own company cars or you are a company car driver there is an onus on the employer to ensure that they protect driver’s personal data. There is a now a company that will cleanse ex-fleet cars and remove all data but they only deal with company cars. If you are concerned about your data stored in your car you can always remove it yourself or ask your local dealer to remove it for you before you return it at the end of your lease or PCP or part exchange it.

 

If the car is part exchanged the dealer is responsible for ensuring that the data is removed before selling it on. With fines of up to 2% of global annual turnover this could end up having a major effect on employers and/or dealers. By Graham Hill

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Scams Running At A High Level Warns BVRLA

Friday, 2. November 2018

Warnings have been issued by the British Vehicle Rental & Leasing Association (BVRLA) regarding the increase in contract hire scams. Knowing who you are dealing with is much more important than simply searching for the cheapest deals.

 

The BVRLA has warned about scammers preying on those looking for the cheapest deal. In its simplest form, the ‘brokers’ advertise cheap deals that don’t exist and ask for a holding payment to secure the rates or a car. Or they wait till closer to the time they say they can deliver and ask for the 6 or 9 months advance rental, often thousands of pounds. Then disappear.

 

One of the very few benefits to taking out a PCP through a dealer is that you know where they are and who they are. They have a physical showroom and you can see the person you are dealing with. In the case of contract hire most contracts are agreed online with someone you will never meet so you really need to know who you are dealing with. Creating or cloning a very professional looking website is easy so you need to know that the people you are dealing with are as professional as the website looks.

 

And as warned by the BVRLA and I it is very easy to scam and it’s becoming more widespread than you think.

 

Following on from the warnings issued by the BVRLA I have another of my own. I’ve seen websites that have been cloned from an original legitimate site but changed all the contact details. Customers who check out the company that they think they are doing business with, find them to be legitimate – but they’re not.

 

The FCA suggest that whilst you are checking that the company is on their register you can also check the website contact details to ensure that the email address and telephone numbers agree. Even then it isn’t 100% as a legitimate company could have an 0800 number on the website but a landline number stored on the FCA register.

 

Also watch out for ‘cloaked’ email addresses. You may see something like graham@ghafinance.co.uk on the website but when you click on the link it takes you to something like graham@ghafinances.co.uk They will have an email account set up with the slightest of modifications like adding an ‘s’ at the end of ghafinance. By Graham Hill

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Billions Of Pounds Of Car Spare Fakes Putting Lives At Danger

Wednesday, 24. October 2018

The EU’s Intellectual Property Office (IPO) says the number of fake parts fitted to cars on British roads is on the increase. They have estimated that over £2 billion of fake tyres and batteries alone are fitted to cars across Europe. In the UK investigations have revealed that the most common fakes fitted to cars are filters and lights but the fakes that can put lives in jeopardy are brake pads and airbags.

 

The IPO has explained the huge increase in fakes is mainly due to problems identifying the fakes from the originals. In order to sort the problem out the IPO has joined forces with manufacturers BMW and Audi, selling platforms Amazon and eBay as well as numerous part suppliers. They have come together to issue guidance on how to spot fake car parts.

 

One of the recommendations was to have dealers or garages source parts for you and fit them rather than source parts yourself and then ask a dealer to fit them. You might save money by sourcing parts yourself but if the dealer sources the parts then he is responsible for the job from start to finish including the parts he provides. They can’t guarantee a part that you provided yourself.

 

Audi pointed out how difficult it was to identify the fakers from their websites that are looking more and more professional and as genuine as the websites of genuine providers. Their ‘Brand Protection Team’ finds it more and more difficult identifying the crooks from their website. The first indicator is the price that is ‘too good to be true’. The next is spelling. Often there is the slightest of spelling mistakes that alert them and should alert you. That applies not only to the website but also the packaging.

 

I remember years ago a friend that owned an electrical shop ordered in some Sharp calculators that were at giveaway prices. They looked exactly the same as the original, the logo looked exactly the same but when you looked closely Sharp was spelt Shrap. He asked everyone who came into the shop to tell him what was wrong with the calculator. Hardly anyone saw it as the logo looked so genuine.

 

The quality of the packaging can also be a giveaway. Some manufacturers also put small marks on the packaging to make it easier to detect fakes. What Car suggests that you take your car to a recognised garage, one that is signed up to the Motor Industry Code Of Practice for Service and Repair.

 

I feel that a central database of all fakes found by Trading Standards, Customs and Excise and other regulatory bodies be posted on a ‘Fakes’ website to alert consumers about the fakes and how to identify them. By Graham Hill

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Buying A Stolen Car – Strong Advice

Thursday, 22. March 2018

Over the past 3 years car thefts are up by 30%. In the past the cars were stolen by joyriders or in the case of prestige cars, stolen to order, stuffed into a container and on its way to India or South Africa within 24 hours of being stolen.

But these days there is a higher likelihood that cars will be stolen to sell on to unsuspecting buyers after changing its identity. As 50% of stolen cars are never recovered and with only a small proportion being shipped abroad you have to be on your guard if you are buying a car privately.

If you buy from a dealer and the car was found to be stolen you will still lose the car but you have much greater legal protection. But if you buy the car privately and the car is discovered to be stolen you could lose the car and the money you paid for it.

But even worse you could be arrested for handling stolen goods. To add to the pain it’s highly unlikely that your insurer will pay out if you make a claim. Andy Barrs, head of Police Liason at TRACKER, has some suggestions as to how you can protect yourself.

When inspecting the car check to see if new registration plates have been fitted and if they have ask why? Thieves may be trying to disguise its identity. Make sure that both sets of keys are present and working as this could also indicate that the car is stolen.

Check the Vehicle Identification Number (VIN) for visible signs of alteration. Also, go to the GOV.UK ‘check you’re not buying a stolen vehicle’ website for valuable advice. An HPI check records mileage so if a car has been cloned you may see a discrepancy in mileage records. Take care there’s a thief about as they say! By Graham Hill

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How Secure Are The Apps That Control Your Car When Sold On?

Thursday, 25. August 2016

Years ago Ford had a reputation for announcing new models long before they were in a position to launch. As a result pressure was on them to get the car into the marketplace whilst interest was at its highest. Subsequently, anyone who bought the brand new model with lots of new features became Ford’s own testers.

My ex wife became one of them when they brought out a brand new shape Fiesta. It looked great and the Ghia had loads of brand new features. Unfortunately the car spent more time in the local dealers during its first 6 months than in the hands of my ex.

But as newer cars rolled off the production line all of the faults were fixed and eventually my ex ended up with a car without rattles, windows that worked, no oil leaks and a rear window that didn’t drip water onto her shopping every time she operated the rear wash/wipe. Whilst it was irritating there were no health and safety or security issues just minor irritation that got sorted. Scoot forward a few years and you find Apple uses the same principle whenever they have a new iPhone to launch.

Remember the bendy big phone and the phone with the aerial built around the phone that lost the signal if you held it? So it should come as no surprise that when the recent head of steam started to build up around the desirability to have ‘Connected Cars’ that stuff would be released before being fully considered and fully tested. What us cost accountants would refer to as the ‘what if’ considerations. Many manufacturers have rushed to release apps that can be downloaded onto your phone that will remotely connect to your car.

The app will remotely monitor and control the car, locate it and even lock and unlock it. Yes I did just say that. The trouble is that not enough ‘what if’s’ were considered before the products launched leaving the new owner and the car vulnerable when sold. Fleet operator Ogilvie found that they still had access via their apps to a Tesla, BMW i3 and a Nissan Leaf after the cars had been sold although they pointed out that the Nissan could not be stopped or started via the app.

As more manufacturers join Jaguar Land Rover with their inControl, Tesla with MyTesla, Volvo OnCall, Vauxhall’s OnStar and Nissan Connect less attention could be given to security if it meant that the technology could be launched in no time flat. Some manufactures say they will delete the old account once the car is sold and one amazingly said that if they are called by the customer or fleet manager they can disable the App. Really? That sounds pretty secure – not! Tesla said that it is up to the old owner or new owner (or thief) to advise the change of ownership.

To prove the point Fleet News reported one ex Tesla owner able to access his MyTesla account a year after the car was sold. It is only now that leasing companies are discussing the end of lease procedures and a resolution that would see the disabling of apps. As part of the handover process. But what about private owners? Who will instruct those with Connected cars how to protect their privacy and new owners make sure that the previous owner no longer has access to their car. What a mess! By Graham Hill

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Sophisticated Car Theft On The Increase

Wednesday, 29. April 2015

Having been in this industry for years there are few things that have caused me serious concern but the rapid growth in sophisticated car theft over the last few months is one of them. One leasing company won’t allow you to lease a Land Rover car without having a tracker fitted which can add quite a bit to the monthly rental.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

Thieves are even targeting vans now, not only for the money they can make on the van but also the goods or tools that are being carried around in the back. The latest high tech thefts are perpetrated by gangs using gadgets that reprogram the electronics controlling keyless entry and start systems.

There has been a lot of publicity around these thefts but few people know that the surge in thefts has come about as a result of a change in European legislation which countered anti-competitiveness by making it easier to obtain replacement keys and the ability to program them. Vehicles on the thieves radar are high end Audis, BMW’s Range Rovers and Ford Transit Vans.

Within hours of being stolen cars and vans are being exported in containers, either whole or in parts, abroad as far away as Africa. Manufacturers have been advised to look into this problem as a matter of urgency. Changes to the electronics have been called for as well as improved marking methods to identify stolen parts.

The warning came after BMW said that it had fixed a security flaw that allowed hackers to unlock the doors of up to 2.2 million Rolls-Royce, Mini and BMW vehicles. As a result the police have stepped up their anti theft operations. They launched Operation Endeavour which was a campaign against keyless car theft. Scotland Yard reported that they had made 84 arrests and an 800 strong team of officers from the Met, Kent, Essex, Hampshire, Surrey and Thames Valley seized 222 vehicles after monitoring 20 arterial roads.

In another operation a search at Felixstowe docks found 5 Range Rovers believed to have been stolen from Surrey, South Woodford and Islington in containers bound for Kenya. Hundreds of parts from a dozen BMW cars, stolen in East London, were headed for Cyprus. In order to hide the stolen parts they were stashed within a pile of motorbike parts.

The police believed that the car parts were to be forward shipped. The police and manufacturers are working on the problem but in the meantime the police are suggesting that drivers revert to 80’s technology by fixing highly visible steering and brake locks which may be enough to deter a crook from breaking in. From my point of view the law needs to be changed.

We allow people to sell the gadgets and others to buy freely online. The law only says that you must not use the equipment for illegal purposes. It should be illegal to sell or buy this equipment unless you are properly authorised to do so. Not to do this is ridiculous. By Graham Hill

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Does Your Car Have The Right Number Plate?

Monday, 12. January 2015

Having a blog means that I get to hear some very dopey stories. The latest was a car that was delivered by transporter to a customer. As excited as he was about driving his new car something wasn’t right.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

He couldn’t put his finger on it but each time he walked towards the car a bell was ringing in his head but what was it? He walked all around the car trying to find a dent or something obviously wrong but could find nothing. After two days of driving the car he realised what it was, there was something wrong with the registration number.

He checked his agreement and realised that the car had been issued with a different number to his agreement. As it turned out there were two identical cars on the transporter, delivered on the same day to two different customers. Whether the dealer had issued the paperwork incorrectly or the delivery driver dropped the cars off to the wrong owners I couldn’t get to the bottom of, but as both cars were insured by the drivers on the other’s registration neither were insured to drive the car they were driving.

The fact is that they may never have known until the cars were returned or sold – how crazy is that? The other driver didn’t have a clue but apparently went loopy when he was told! And I don’t blame him!

The two drivers had their cars swapped and received a free first service. So when you have your car delivered check that the registration number agrees with your documents. By Graham Hill

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Dangers Of Fake Philips Xenon Bulbs Exposed

Wednesday, 24. September 2014

Philips have issued a warning about counterfeit Xenon bulbs being sold as Philips originals but are actually ripoffs sold in what looks like Philips original packaging.

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They are dangerous, poor quality counterfeits that could end up blinding oncoming vehicles, provide poor road illumination and do not have precision mounts that can lead to the electrics burning out. The lamps are not homologated which means they wouldn’t pass a vehicle inspection.

They could even damage the car’s onboard computer system which could cost a fortune to repair or replace. Philips have warned sellers, both online and offline such as spares shops and garages that they will be subject to litigation if caught but have asked for the help of buyers. If you buy a Philips bulb you can check online to see if it is original and report it if it’s a fake.

If you want to check online go to www.philips.com/original If you fit a fake bulb that could be considered responsible for causing an accident you could find yourself in court, as could the supplier. Don’t take the risk. By Graham Hill

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Latest Car Scam – But With A Twist by Graham Hill

Tuesday, 6. May 2014

Here is an interesting scam that is apparently on the rise. Crooks are buying cars from dealers, often using stolen credit cards, then selling the car privately to an unsuspecting buyer. When the dealer realises that the payment has bounced the car is listed on the Police National Computer (PNC) and the police alerted that the car has been stolen.

Thinking of a change but unsure as to the best way to finance your car? Then you need a copy of my car finance book, Car Finance – A Simple Guide by Graham Hill. Click on the link below to buy the best car finance book on the market, available as a Kindle Book and Paper Back.

Following this, and often with the use of Automatic Number Plate Recognition (APNR) Cameras the police apprehend the innocent driver and confiscate the car. But there is a question mark over the legality of this confiscation. If a crook stole a car from say a car park and sold it to a third party title doesn’t pass and the owner has every right to recover the vehicle.

However, if a car is sold by someone who has HP on the car and the buyer wasn’t aware of the HP at the time of purchase then he is regarded as an ‘Innocent Buyer’ and title passes but what happens if the car is bought with a credit card and therefore subject to finance does title pass?

The question for the police to answer is, ‘Has the car been obtained by fraudulent means or by theft?’ Theft is clear cut – title does not pass but where the transaction is fraudulent then title can pass to the innocent buyer. The problem for the buyer is that it can be hard to trace whether the car was stolen or not.

You may be able to locate the last owner but he may have sold the car privately, to a dealer or through auction and it could have passed through several hands before ending up on a dealer’s forecourt from whom the car was either fraudulently purchased or stolen.

As always you should  check with HPI to see if the car has been written off or on finance when buying privately, also if the person selling you the car isn’t the person to whom the car is registered check the previous owner and find out who bought the car from him and check that title has passed. Better still lease a new car from me – so much easier and trustworthy. By Graham Hill

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