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You are about to read one of the best pieces of advice you will ever receive. If you are a regular reader of my rantings you will know that there is one expression that seriously pisses me off, can you recall? You can’t? Let me remind you, it is – ‘a goodwill gesture.’

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.

In the car industry I would suggest that 95 times out of a 100 the ‘goodwill gesture’ is a legal bloody entitlement but in order to cover up a major con or failure the dealer/funder/manufacturer will make good any damage – as a gesture of goodwill! Typically the car part that fails two days after the warranty has run out that is repaired free – as a ‘gesture of good faith.’

Sod off, there is such a thing as the Sale Of Goods Act which takes precedent over a warranty and if a defective part, expected to last for the life of the car, fails, it is a legal obligation, on the part of the dealer who sold you the car, to replace it or repair it. But here is another interesting example. A lady bought a brand new Nissan Qashqai that developed a gearbox fault shortly after she took delivery.

It was agreed that the gearbox was faulty and needed to be replaced but two months down the line the lady, Jill Alexander, was still without her nice new Nissan. Whilst the car was awaiting the replacement gearbox the dealer loaned her a Nissan Micra as a courtesy car whilst Jill was still paying the finance and insurance on her Qashqai.

After a while, and complaints from Jill, the dealer provided a replacement Qashqai so that she could get her mother’s wheelchair in the back. It wasn’t the same spec as her car and there was still no sign of the replacement gearbox. Nissan explained that due to huge demand for their new Qashqai they had no stock of spare gearboxes but they would pay the two months of Jill’s finance as – you guessed it ‘a goodwill gesture’.

They are also looking to replace the Qashqai with an X Trail to provide a better spec car and more space. Now here’s the thing. First of all every car manufacturer has a legal obligation to stock sufficient parts for repairs of new cars sold. Clearly they have failed to do this being more interested in building more new cars than supplying spare parts for customers who have already bought.

Whether the car is on HP, PCP or leased it is the property of the finance company so you first need to involve the funder who can bring more pressure on the dealer or manufacturer than you. But here is the best piece of advice. Make sure that when you take out your car insurance that you take out legal cover that can be as little as £20 per annum.

When you find yourself in this situation get in touch and get a barrister on the case. It’s amazing how quickly dealers and manufacturers act when a lawyer is on the case. In this case Jill has a case to claim compensation for finance payments and any other out of pocket expenses. So Nissan should not only be paying the two months they have agreed to they should be paying for all the finance payments whilst the car is off the road. And not as a goodwill gesture!

Oh and one final thing on legal cover, make sure you also take it out with your contents insurance. If you make a genuine claim and the insurer doesn’t pay out you can call on your insurance for legal advice and get them to act against the insurance company – I kid you not, well worth the few extra pounds. By Graham Hill

If I was to sell you my used Vauxhall Astra and it had a badge on the back that suggested that it was a top of the range Elite when in fact it was an entry level Exclusiv, there wouldn’t be much you could do about it unless I had advertised it as a fully spec’d Elite. The same would apply if the car I was selling was a 2010 car but was 2009 model year spec. Exclusiv.

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.

The fact is that you can inspect the car and see that the car doesn’t have leather seats, electric rear windows or fog lights that were fitted on an Elite as standard when the car was new or the addition of fog lights and sat nav when the car changed from 2009 to 2010. You see exactly what you are getting so the basic rule of Caveat Emptor – buyer beware prevails.

Of course this isn’t the case with a new car that you don’t get to see before you buy it or lease it. With some cars changing model spec at least once if not twice every year you may not receive what you thought you had ordered. Especially as manufacturers will throw a few thousand pounds across the bonnet (that’s dealer speak for bonus) of the outgoing model in order to sell them quickly to make way for the new model coming out.

Whilst this represents great value for money (we currently have deals on top of the range outgoing Focus models) you may not be told that the cars on offer are not the new model cars. Some may be pre-registered whilst others may just be stockpiled so whilst I would be suspicious if the cars are pre-registered, suggesting old model cars, that may not be the case if they are unregistered.

If unregistered you might assume that the car you will receive will be the car advertised on the manufacturer’s web site with at best a different spec. at worst a completely new shape. Manufacturers will also advertise a new model maybe 2 months in advance of launch, again fooling you into thinking that the car you just ordered is the new model. So always check with the supplier that the car you have ordered is the car you want? Don’t simply be tempted by a cheap rate. By Graham Hill

After watching the accidents that appeared in the Japanese Grand Prix last weekend it not only brought into focus the very high level of safety now in F1 cars but also the fact that even the precautions fitted to the cars can’t allow for the very infrequent freak accident that happened to Jules Bianchi, our thoughts and prayers are with him and his family.

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.

Much of the F1 technology has been transferred across to normal road cars, from tyres to brakes and traction control. Fatalities on UK roads are dropping, as is the seriousness of the injuries received by those caught up in the accidents. Volvo, known for their very high safety standards, have stated that by 2020 no one will be killed or seriously injured in their cars.

But having said that the EU believes there is more to be done across the board and has set targets for the introduction of automatic systems into all new type-approved cars that will automatically alert the emergency services should the car be involved in an accident along with a locator that will advise the emergency services the exact location of the vehicle.

The plan was to make this statutory from the start of 2015 but the car industry said it needed at least 3 years to test and implement such a scheme. They also need to decide upon an acceptable method of advising the emergency services across Europe. Some prestige cars already have an emergency system fitted into the car but it requires someone to activate it which then dials into the manufacturers own call centre who then has to do something to alert the emergency services.

Some have suggested the use of mobile phones but they are not too accurate when pinpointing location and an automatic alert app. would need to sense when the phone flies across a car in an accident. eCall is a device proposed by the EU in 2004 and is already being used by some manufacturers.

It is a box that detects an accident through sensors mounted in the car, calls the emergency services and pinpoints the location but the system still needs refinement and certainly won’t be ready for the launch date proposed by the EU, now moved back to October 2015. According to Volvo’s own system, On Call’s, product manager, Michael L Sena the industry would need a further 3 years before every new car was fitted with such a device. He also saw problems with setting up the infrastructure across Europe for the same device to work in every EU country.

It was a massive task and not one that could be completed in less than a year. He also pointed out the legal implications around data protection, human rights etc. many drivers would not be happy with someone somewhere knowing of their every move and being able to track them, something I touched on recently in one of my blogs.

The argument to that is that the system doesn’t track you, it only activates in the event of an accident. It is likely to happen though, as earlier in the year the EU voted for ‘the deployment of the necessary infrastructure’ to accommodate the new eCall system across Europe. So it should now be under way. By Graham Hill

Whilst the Scots finally decided to stick with the rest of the UK we are now left wandering at what cost? Like many things that the Tories have done since coming into power with the Lib Dems the whole thing was poorly thought through and panic took over at the thought of losing our good chums north of the border.

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.

Like most I’m pleased that we haven’t lost Scotland, at least we stand a chance at the next Olympics but what have we had to agree to behind closed doors? There was an expression that was bandied about as the whole of the UK Government joined forces to try to convince the Scots that we were ‘Better together’, if Scotland decided to stay in they would be given ‘tax raising powers and further fiscal devolution.’

I heard that said by all parties and even agreed to by Gordon Brown, not sure what authority he had to agree to that on behalf of the UK government but anyway, he did. The problem is that the expression is so glib it passed most of us by but like free tuition fees in Scotland but not in the rest of the UK what is this likely to mean?

Whilst many believed that they could chuck an extra few pence on fuel and booze (except whiskey of course), and maybe increase tax on some of the petrol companies who are busy emptying the big (or possibly small) pools of oil under the North Sea to enable them to give every Scottish kid an iPhone we were fairly disinterested. But should we have been?

There is already talk of income tax rates that could vary by up to 15% compared to the rest of the UK. OK you may think, that is just one area of tax and not that important to the rest of us. After all road tax, NI and capital allowances were supposedly not on the table but a tax expert and good friend of mine, Alistair Kendrick, pointed out that if the Scottish Parliament starts messing about with tax rates and bandings it could affect the Scots and the amount of benefit in kind (BIK) tax they pay on their company cars.

And this is just one likely change, God knows what else is likely to come out as we fully appreciate the cost of consequential damage following increased devolution. What was Cameron saying – ‘We’re all in it together’ Hmmm interesting times ahead. It won’t be long before we all troop up to Scotland to buy our cars, have them serviced, MOT’d and fill them up with fuel. Watch this space! By Graham Hill

If you are a regular reader of my blogs/newsletters you will know that I am passionate about bringing into schools a new subject we could call – Life Skills. This should include basic things like cooking (partially covered already in schools), ironing, housekeeping and budgeting.

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.

Driving and early education about the dangers of driving should be included and even take the theory test in school. Finance should be included, how a loan works and how to take out a loan/mortgage/credit card and what you should do if you find yourself in difficulty. Another critical life skill is first aid. This should be taught at school and could save lives.

The Institute of Advanced Motorists and Driver First Assist (DFA) surveyed groups of motorists, 50% of whom said they would stop at an accident to assist if they arrived before the emergency services turned up but one in five wouldn’t administer first aid for fear of doing something wrong.

This is very bad. The DFA said training in reporting a crash correctly and life-saving first aid could cut deaths by 46%. That is staggering. It’s about time these life skills were introduced into the National Curriculum. By Graham Hill

Direct Line, along with many other insurers, offer a like for like replacement in the event of a major accident resulting in a total write off or the car being stolen and unrecovered. It would seem that they offer this type of policy if the car is purchased new but what doesn’t seem to be so clear is the position if you buy an ex-demonstrator with no miles on the clock.

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.

Currently it may take you 6 months to get a Range Rover, however, David Mitchell of Sidcup couldn’t wait so he bought a car from a main dealer that was pre-registered (i.e. registered in the name of the dealership). Soon after buying the car it was stolen so knowing that he had paid full retail price (ie the price he would have paid for an unregistered car) he asked Direct Line to replace it like for like as per his policy.

They refused, claiming that he could only make a claim if he was the first registered keeper, which he wasn’t, it was the main dealer. Instead they offered him the market value which was £10,000 less than the £60,000 he paid for it. After complaining Direct Line stood firm and refused to either replace the car or pay out the full amount paid referring Mr Mitchell to the terms of his policy.

So be warned. Had he taken out ‘back to invoice’ GAP insurance he would have recovered the £10,000 difference. But, to be honest, I’m a little concerned about the policy he took out as some of these like for like replacement policies can be a couple of hundred pounds more expensive. Assuming he didn’t misinform Direct Line when completing his application, stating that he was the second registered owner of the vehicle, he may have a case for miss-selling.

He was sold a policy to include a level of cover that they weren’t prepared to pay out on. Something they knew when he took out the policy and something they clearly failed to highlight. There could also be a claim under the Unfair Terms In A Consumer Contract 1999 legislation. The car was technically new as it was unused, should it really matter if someone else’s name appeared in the registration document first?

Direct Line said that they assumed any buyer of a pre-registered car would be paying much less for the car than a new unregistered car but this doesn’t seem to have been mentioned in the contract. Yes he paid full price for the car but he would have paid the same if the car was unregistered before he took ownership.

Shame on you Direct Line, personally I would take them to court and guess what, if you had legal cover included in your policy you could go through an independent solicitor and they would charge Direct Line for him to take legal action against the Insurer. Don’t you just love it! Sadly Mr Mitchell isn’t a client of mine so he has had to rely upon the advice of journalists. By Graham Hill

OK got my angry hat on so watch out! If it’s not APR it’s bloody MPG. I’m sick to death of the ridiculous arguments over MPG and I’m even more angry to read this week that the EU is to poke their nose into our affairs, yet again, and legislate on the way MPG figures are calculated.

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.

They are set to demand that vehicle emission and economy tests be carried out on public roads rather than in laboratories. I thought it was dopey enough when What Car decided to carry out their own tests on cars to establish a more ‘realistic’ MPG but simply ignored this idiocy as a ploy to sell more magazines but it’s now getting ridiculous.

First of all expect your road fund licence cost to increase along with your benefit in kind tax as it will show an increase in CO2 emissions but let me turn to MPG, which is about as accurate a measure as APR and Brake Horsepower. I think we would all agree that the MPG, achieved in a laboratory, under very strict test conditions, will not be achievable under normal driving conditions.

So we are all agreed so far. And MPG can vary as a result of the road conditions, the condition of the car and most important of all the way we drive. Agreed? So with such a mash up of so many factors it is virtually impossible to come up with a definitive MPG. Ask any driver how they drive and they will come up with numerous different descriptions, let’s think of a few, carefully, fast, slowly, safely, quickly, with care, legally, illegally, cautiously, erratically, carelessly, considerately and like a rabid monkey.

The fact is that we all drive differently, not only to each other but also in different road conditions. Some drivers drive more carefully when it is raining or if there is ice about whilst others see these conditions as sent to test their rally driving skills affecting the fuel consumption substantially.

Poor service and maintenance of the car can affect fuel consumption as can worn tyres or incorrectly inflated tyres which can make a difference of up to 15% in fuel consumption. Braking hard, braking late, racing away from traffic lights can all affect fuel consumption, even having a window open, continual use of air conditioning or the fitting of a roof rack can affect the fuel you use as well as carrying passengers and/or a load of unnecessary or even necessary weight in the boot.

Cars are also not manufactured with the same precision as a Swiss watch, the mechanics will vary slightly between identical cars produced on the same day providing different fuel consumption. I think you get the gist, it is absolutely impossible to establish ‘accurate’ real life fuel consumption figures for all the reasons mentioned. So why are we about to spend a fortune trying to fix something that ‘aint broke. At least with the way MPG figures are established at the moment all cars are tested consistently in laboratories.

The figures may not reflect genuine real life conditions but they provide a means to compare different makes and models of cars. So if your car choice is between a Ford Fiesta or a Vauxhall Corsa you will find that the Government controlled average on the Fiesta is 54.3mpg whilst that on the Corsa is 51.4mpg. So whilst you probably won’t achieve either figure when you drive the cars the Fiesta is likely to be a little better than the Corsa. So to change the method now would be a nonsense and a waste of money.

What inspectors found when they checked the way manufacturers established their MPG figures was doors being taped up and tests being carried out on very smooth surfaces. This is where action needed to be taken so that all tests are identical and we certainly don’t need the Europeans poking about and instructing us on how we should do things!

Oh and if it was possible to ‘manipulate’ the figures under controlled conditions in a laboratory I can only imagine the manipulation that will go on when attempting to replicate real life driving conditions. Nonsense, absolute bloody nonsense! By Graham Hill

Now here is something remarkably strange – and we’re not talking about my hair style! It’s white lines on roads! It would seem, following an investigation carried out by Transport for London (TfL) that white lines in the middle of roads cause drivers to drive faster.

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.

After re-surfacing three separate roads in London they decided not to re-paint the central lines (not just single lines but two parallel lines a couple of feet apart with cross hatch lines a couple of yards apart). As a result they noticed in every case a significant drop in speed. On the northbound Seven Sisters Road the average speed dropped by 2.5mph to 29mph and by 4.1mph on the southbound side to 28mph.

One theory was that no lines led to uncertainty and more caution as it was believed that drivers felt that with the white lines in place no one would encroach on their side of the road. Without lines separating the cars travelling in opposite directions it created more alertness and fear.

They also found that cars slowed down when cars were passing them in the opposite direction which confirmed an earlier survey in 2005. Having said that TfL will not be removing white lines from existing roads nor do they have any plans to not repaint the lines following re-surfacing even though it reduces the maintenance costs of roads. So I don’t know why it was ever bloody reported in the first place.

On the other hand, in the same report it was pointed out that an extra 900 miles of road capacity will be added to the road network over the next 7 years at a cost of £24 billion which is also to include the cost of re-surfacing! That’s good news then eh! Umm, think I’ll get a cup of tea! By Graham Hill

Did you know that as of 1^st October 2014 tax discs exist no more? It would seem that half the drivers in the UK are unaware of this fact so let me explain what is happening. But before you get excited it doesn’t mean that you don’t have to tax your car it simply means that you don’t have to display a disc which is expected to save the DVLA £10 million each year in this move to go paperless.

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.

It also means that as of the 1^st October, if you already have a disc, you can take it out of your windscreen, all part of the announcement made by the Government in the Autumn statement. In addition to no longer being required to display a tax disc there is another move over which car traders and dealers may not be so happy.

Cars used to be sold or part exchanged with a bit of tax left on it either giving the buyer some refund to trouser or giving the seller something to negotiate with when selling her pride and joy. In future, as soon as the DVLA are notified that a car has been sold a refund for the balance of unused tax will be sent to the previous owner. As before refunds will only be issued for complete months that are unused whilst the new owner must apply immediately for the tax using the relevant portion of the V5C.

Another, somewhat strange change, given the way that road tax has been coming down as CO2 emissions continue to reduce, is the ability to pay monthly. Paying monthly will increase the annual cost of the licence by 5% but drivers will be able to pay by direct debit to avoid forgetting and receiving a fine. In what I thought was a funny twist, paper tax discs are still being sent out till the end of September but the DVLA ran out of perforated paper so drivers are having to cut them out themselves.

I can just imagine the dog’s dinner that some have ended up with after attacking the disc with a pair of nail scissors or garden shears! So to sum up: You can still pay for your disc at a Post Office, online or monthly and you’ll still get a reminder. You can no longer transfer the tax, it is automatically refunded when the car is sold or scrapped and the DVLA advised. You will be able to check the tax status of any car by going online and typing https://www.gov.uk/check-vehicle-tax then typing in the car registration and make.

In future you won’t see traffic wardens peering through car windows unless they are being nosey or are perverts. In future tax checks will be carried out by police with plate recognition cameras, wardens will have access to the DVLA database and static plate ID cameras will crop up and will enable the authorities to raise instant fines to those drivers whose cars are captured without tax or insurance.

Driver and Vehicle Licensing Agency (Photo credit: Wikipedia)

And don’t forget that you need to do nothing other than remove your tax disc on the 1^st October and maybe keep hold of to hand down to your grandchildren for posterity. By Graham Hill

Related articles

• DVLA about to ‘run out’ of tax disc paper (telegraph.co.uk)

Sadly we are coming to the end of what wasn’t a bad summer other than August that was complete rubbish! Nights are drawing in and whilst we are still enjoying some late sunshine we should be making plans for the winter months ahead.

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.

Fleet News has provided a few pointers and given us a few things to think about. Inevitably there will be a few days when it will be difficult, if not impossible, to either drive to work or use public transport (bit of wind, snow, leaves on the train line, volcanoes erupting, landslides etc.) so do you have a back up plan that enables you and/or staff to work from home in the case of an emergency?

Don’t forget if you employ staff you are responsible for their health and safety and could leave yourself exposed if you insist they come to work when the authorities or experts have advised against it. With regard to your car, have you considered swapping to winter tyres to reduce tyre wear and increase grip. Many of the national tyre fitters now offer a service whereby they will swap over tyres for you between summer and winter and store your summer tyres till spring.

Fleet News also suggest that you consider 4WD cars but I disagree. I don’t recall one day last winter when a 4WD car would have avoided taking any time off work and I have to say that unless you have taken a 4WD course the chances are that you will be no better off driving a 4WD car than a 2WD car. Oh and a little tip if you are stuck in snow, try letting a little air out of the drive tyres to increase grip or better still buy a set of snow chains and a spade to dig yourself out.

Make sure that your car has been serviced and there is enough anti freeze in your radiator and plenty in your windscreen wash. In fact make up some anti-freeze screen wash and keep it in a bottle in the boot, it is so easy to run out of screen wash on a trip and end up not being able to see out of the windscreen. Give yourself a few minutes to sit in the car with the engine running in order to warm up the heater.

If it is cold or raining and you drive straight off you will find the windscreen heavily misting up before it starts to demist making it impossible to see where you are going. Remember it is an offence to drive a car if you cannot see through the screen due to either dirt or mist. Oh and another tip, get yourself some Marigold rubber gloves and stick them in the boot.

Snow chain at the front wheel. Photographer: Devchonka. (Photo credit: Wikipedia)

The best type of gloves to wear when clearing snow or frost off the car or even to wear when fitting snow chains or digging out the snow. They are totally waterproof and surprisingly warm. I’ll add a few more tips into my next newsletter as the countdown to winter continues. There are lots more tips to come so make sure you read them and stay safe! By Graham Hill