BVRLA Finally Adds Clarity To End Of Contract Condition

Friday, 6. April 2018

You may not know the British Vehicle Rental and Leasing Association but you may have seen their initials, BVRLA on finance documents or supporting notes when you have taken out contract hire or a PCP. They set the end of contract fair wear and tear condition standards many years ago which most contract hire and PCP providers have subsequently adopted.
The one piece of consistency in the market. They update the rules every 3 years but this time round they have had meetings with several stakeholders in an attempt to bring more clarity to the rules making them easier to understand.
They have also taken into account feedback from their own conciliation service that acts as arbitrator when a customer has a dispute with a lender. Whilst adding greater clarity they have also introduced a rule that invoices for repairs must be sent out within 4 weeks of the car being returned.
The new rules are, in their opinion, fair, easily understood and accessible to a non-expert. They have insisted on improved communication between the lender, the collection company and the customer. They reckon that they have addressed the feeling that many leasing companies see end of lease condition charges as a profit centre.
This has led to some large fleet operators refusing to pay what they consider to be ‘unreasonable charges’. In the case of one company they had invoices going back 2 years. The same company gave as an example a 63 plate Kangoo Van going back with some damage on it.
He received an invoice for £3,100 which the leasing company was reluctant to change even after he pointed out that the van ‘booked at £1,500. He wasn’t prepared to effectively pay for the van twice over. Some companies have a fixed cost menu provided at the start of the contract which can make life easier when considering whether to pay for the repairs yourself or simply send the car back and pay the fixed fees.
I’m hoping to have sight of the new regulations so that I can advise customers at the end of their contracts. The customers who will struggle with this will be those taking out a PCP with the intention of keeping the car at the end of the agreement, only to be told that the car isn’t worth the final balloon so the best thing to do is to hand the car back. Only then do they realise the implications of sending a car back in what they would consider to be of reasonable condition. By Graham Hill
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Graham Hill Attempts To Explain New Emissions Testing

Friday, 6. April 2018

You may or may not be aware that the emissions and fuel consumption testing in the past was carried out in laboratories using very specific criteria. I should also point out that the testing was carried out by the manufacturer not an independent body – Nuff said!
Fuel consumption figures have become so bad that I know of at least one class action taken, against a manufacturer, for stating what were considered to be completely incorrect figures in their brochure. Saying that the figures stated bore no relation whatsoever to what was achieved on the road under ‘normal’ driving conditions.
To the best of my knowledge, none of the actions have succeeded but it put pressure on Governments around the world to do something about this misleading information. Let me try to explain what is being done to correct the situation.
The main test is the Worldwide harmonised Light vehicle Test Procedure (WLTP). This replaces the old laboratory test changing many of the criteria and removing any opportunities that existed within loopholes contained within the old test rules, known as New European Drive Cycle (NEDC).
Alongside the WLTP test is the Real Driving Emissions (RDE) test which, together, is aimed at giving a far more accurate emissions reading. With me so far? The new WLTP test will be divided into 4 parts each with different average speeds, low, medium, high and extra high.
Each part consists of a variety of driving phases, stops, acceleration and braking. Experts are suggesting that the tests are taking twice as long to complete as the old NEDC tests. Added to which they will have to test best and worst case scenario vehicles in each trim before using a formula to determine the impact of optional extras.
The theory here is that they must test, not only a basic car but also a car that is loaded with optional extras, as this gives a more accurate reading – apparently. In addition to the laboratory test the cars are also subjected to the RDE test which requires a car to be fitted with a ton of kit then driven on public roads to establish readings that reflect true driving conditions.
This, of course, will add even more time to the testing of the cars. The big problem faced by manufacturers is that whilst they will still carry out the testing themselves they have to use authorised test centres which are the same as those used previously but now with massive demand.
Not only because the tests take twice as long but also because every new car has to be tested by September this year. This includes cars that haven’t changed but were certificated under the NEDC rules. Manufacturers have until September 2019 to complete the RDE road tests.
So where does that leave you and me? Confused if I’m anyone to go by. All this time money and effort going into something that will never be consistent because of the fluctuations in driving styles and road conditions. A regular trip for me used to be from my front door to Birmingham.
I would take the same route each time but the fuel consumption could differ by more than 10 miles to the gallon with the best figure within a spit of the figure declared in the brochure.
As emissions correlate fairly closely to the amount of fuel you use when driving how can the one-off test ever replicate the driving conditions of all drivers – such a lot of money for an inaccurate test. By Graham Hill
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The Car Was Not As Described

Wednesday, 28. March 2018

In this next story, Mel Buchan bought a Mini ‘off page’ from an Arnold Clark garage in Inverness. He saw the brand new car advertised on their website, with all its equipment listed, paid a deposit and waited for the car to be built and delivered.

 

Mel works offshore so couldn’t be at home to sign for the car but was sent photos. Upon inspection, he noticed that the car didn’t have the multifunction steering wheel, as advertised. He complained and was told that the advert was wrong but if he wanted the upgraded steering wheel he would have to pay £425 for it.

 

By now my blood was boiling and not because I was standing by a radiator. But it gets worse. He actually agreed to pay the extra £425 for the steering wheel – because he wanted it! It was only after this that he realised that the car was advertised as having parking sensors and floor mats. Again these items were missing despite them being clearly shown in the advert.

 

The only option given by the dealer was to re-order the car with the ‘bits’ on and pay thousands of pounds more! This is when he contacted my dear friends at Auto Express. Following contact between Auto Express and Arnold Clark the extras were fitted – all free of charge, with an apology for the incorrect advert due to ‘human error’. Does no-one read the Consumer Rights Act?

 

It covers inaccurate advertising and the big no no – supplying goods – ‘NOT AS DESCRIBED’. Whilst Arnold Clark appear to pat themselves on the back for being so nice to the customer someone needs to slap them with a bill for the inconvenience caused to Mr Buchan for inaccurately advertising the car and then giving him the runaround. If there was ever a more straightforward case of providing goods – not as described – I haven’t seen it!

 

I always support the guys at Auto Express because they constantly fight battles on behalf of consumers but unfortunately they don’t quite get to the right result in the right way, they probably need me on their panel of experts to help them in these sorts of cases. By Graham Hill

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Ford Leads Fight Back To Diesel

Thursday, 22. March 2018

Roelant De Waard, Ford Vice President of Europe, announced at the Geneva Motor Show that Ford is to continue its diesel push. Something that must have surprised a few. In the UK Ford’s combined car and commercial vehicle sales in February made it the lead manufacturer with its highest vehicle sales for the month of February since 2004.

 

Roelant explained, ‘We wouldn’t find it the right decision to move away from diesel because it’s best for CO2, we’ve got NOx under control, it’s better economy wise, it has cheaper operating costs and it’s therefore, by far the most efficient choice. We’re basically putting it back on the map and allowing it to be the powertrain of choice for us.’

 

Their new Edge SUV is planned to have an 8-speed auto later this year and with an already fuel efficient engine, it is planned to have an even more environmentally friendly engine as it’s planned to be Euro 6.2 compliant. From an NOx point of view, it will be comparable with a petrol engine but with lower CO2 emissions.

 

With the further planned downsizing of diesel engines from 2.0l to 1.5l the fuel efficiency will continue to improve. So will this change of heart by the UK’s leading car manufacturer bring diesel back into focus? Personally, I think it will and certainly may convince the Government that we need clearer direction rather than the petrol, diesel flip flopping!

 

Seems like I’m having a week of moaning and talking about the environment – it wasn’t planned like that. By Graham Hill

 

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Government Grants For Plug-In Hybrids Extended

Thursday, 22. March 2018

The Chancellor announced last November that grants would be extended till 2020 but they are still to clarify the rules. For the moment the Government has confirmed that the current grants will last till at least the end of April whilst they continue their review.

 

Whilst the Chancellor confirmed that a scheme would last till 2020 they only confirmed that the current rates would last till the end of March. I hope that for the sake of the industry the DfT doesn’t simply extend the current rules a month at a time, especially where orders are placed on cars that won’t be delivered till after the end of April.

 

The best information we have at the moment is that the Department for Transport will advise any changes in due course. However, this hasn’t encouraged manufacturers to come up with some cheap rates for this month although we have just had a reduction on the all-electric Nissan Leaf.

 

The current structure, that many think will continue, is as follows: Cars with CO2 emissions less than 50g/km and a range of at least 70 miles with zero CO2 emissions – the grant is up to 35% of the cost of the car, up to a maximum of £4,500. Cars with CO2 emissions less than 50g/km and a range of at least 10 miles with zero CO2 emissions – the grant is up to 35% of the cost of the car, up to a maximum of £2,500.

 

Finally, cars with CO2 emissions of between 50g/km and 75g/km that can travel a minimum of 20 miles emission free – the grant is up to 35% of the cost of the car, up to a maximum of £2,500. The latter two categories exclude cars costing over £60,000.

 

I somehow feel that if we are to encourage investment by manufacturers in low and zero-emission cars we need a more serious approach by the Government. We are badly lagging behind Europe when it comes to fast charge points and if they end up lowering the grants we will be back to fighting over the emission differences between petrol and diesel. By Graham Hill

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Major Setback For Driverless Cars

Thursday, 22. March 2018

You may have read the sad story last weekend about the accident that took place in Arizona when a lady was killed by an autonomous Uber car. traveling at 40 miles per hour when it hit her whilst crossing the road with her bike. The car, an XC90, modified for driverless travel and operated by Uber, had a backup driver behind the wheel.

 

There were no passengers in the car and investigations are underway but the accident has certainly caused US States, the Government and operators to re-think the potential dangers. Arizona chose to impose very few regulations on autonomous cars in order to attract operators away from neighbouring California which attracted a lot of operators and developers but imposed tough regulations.

 

As a result, it now looks like the US Government will step in and create countrywide regulations that will overrule individual states. It has also caused many operators in both the States and around the rest of the world to review their safety systems and ask whether the drop in regulations in Arizona and other states has caused development in some developers to drop safety down the list of priorities.

 

The real worry for many is that there was a driver at the controls of the car that had the accident, acting as backup, and still an accident happened. Was the driver locked out of the controls at the time of the accident? The eyes of the world are now on the findings of the investigation. Much depends on what is uncovered as to how soon we will get to see autonomous vehicles on the road.

 

And if I may make a final point, I don’t see the benefit of a driverless car if it still needs a driver – just putting it out there. 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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Cleanest Cars In Europe

Thursday, 22. March 2018

We still measure the environmental cleanliness of cars by the number of CO2’s that they emit even though, according to many experts, it’s NOx and particulate emissions from older diesels that are causing the most damage. Having said that, those running city and town centres, seem to have ignored the word ‘older’ and tar all diesel cars with the same brush.

Could this be because by demonising all diesels they can screw every diesel driver, who thought he was helping the planet and doing the correct thing by going diesel, and charge premiums for entering and parking in the centre of town, irrespective of the age of the vehicle. And as a result, contribute to the coffers of the Government and local authorities. Or am I being cynical?

Anyway, off my soapbox, do you know who produces the cleanest cars, by CO2 emissions, in Europe? Do you want to know? I’ll tell you anyway, the top five are:

  1.    Toyota – 101.2g/km,
  2.   Peugeot –  104.5g/km
  3.   Citroen – 105.5g/km
  4.    Renault – 106.6g/km
  5.   Suzuki – 114.9

So there you have it, a choice list for your next car! By Graham Hill

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Buying A Car Still On Finance

Friday, 9. March 2018

One of my biggest gripes in life is the misinformation that is readily available on the Internet with the owners of the websites, on which the information appears, taking no responsibility whatsoever. Top of the list is Google along with other search engines who rank search results by their economic contribution to their coffers rather than accuracy or even the chronological sequence of posting.

 

People are relying on the accuracy of the results to make decisions and could end up heavily out of pocket because the advice is either inaccurate or out of date.Other sites such as themoneysavingexpert.com allow anyone to comment on their blog, something that has filled their blog with data and links, enabling its owner, Martin Lewis, to  sell the company for £87 million but taking no responsibility for the accuracy of the information imparted, often by people with as much legal knowledge as my sister’s Old English sheepdog, called Izzie by the way and as daft as a doughnut!

 

A question raised by a firm of lawyers who advise dealers on their legal rights, when in a dispute against a customer, caused me to raise the issue again because a member of their client base asked what would happen if the dealer bought a car having checked that the car wasn’t on finance on HPI. He sold the car and checked HPI again, each time the report showed that it was clear of credit.

 

3 months later the dealer received a demand from the solicitors of a finance company that claim to have outstanding finance on the car to the tune of £20,000. Having checked HPI, which showed that the car was clear of finance, the dealer claims that title has passed and certainly, as an ‘innocent buyer’ title has passed to the buyer of the car from the dealer. But thanks to a ruling by the House of Lords in 1975 (Moorgate Mercantile Company Limited vs Twitchings) as there is no legal obligation on the part of the finance company to record finance details on HPI, the fact that the finance company forgot to record the car on HPI is irrelevant.

 

But here’s the twist. Whilst the finance company can apply to the dealer to get his money back, what if they are unaware of the dealer’s involvement? Some will buy to order so let’s say you are looking for a Ford Focus in a particular colour etc. and your local dealer says he’ll look out for a car for you. He finds one privately for sale, buys it, has a service on it, valets it then has a new MOT on it then sells it to you for a nice little profit, he may well not let the DVLA know that he had ownership of the car.

 

Or supposing the dealership went bust in the meantime, either way the solicitor is directed to you and you receive a demand for the outstanding finance or hand the car back. That is in fact illegal as long as you were told by the seller that the car was free of finance you are now the legal owner. However, I have seen numerous posts on various blogs blaming the innocent buyer and suggesting that he should hand the car over and pursue the person he bought the car from.

 

This is wrong and I recall reading about an Audi A4 owner who handed his car over to the finance company, having followed the advice on one of the blogs by a complete donkey, or it could have been Izzie. Trouble is if you voluntarily hand over the keys you are highly unlikely to get the car back. Never ever hand over the keys to your car to anyone calling at your door, tell them to put their demands in writing.

 

In the case illustrated above I have total sympathy with the dealer, what’s he supposed to do, contact every lender in the land and ask if they have finance on the car? And if you are an innocent buyer you shouldn’t be misled by posts on blogs accusing you of being an idiot if you bought a car that was still on finance.

 

It’s about time that the Government stepped in and forced every lender to record their financial interest in a car via the DVLA – it wouldn’t be rocket science. By Graham Hill

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Best UK Cars 2018

Friday, 9. March 2018

Each year since 2014 Cox Automotive have pulled together 27 leading motoring journalists to decide upon their choice of best cars in the current year, in this case it’s 2018. Their car of the year is the somewhat understated XC60. The car only just pipped the number two car, the Skoda Kodiaq by a single point with the 5 Series BMW coming in 3rd. Alongside the Car of the Year award the XC60 also won Best Medium Crossover award.

 

The award is not before time. For years the Volvo range has led the field when it comes to safety equipment but they are now shaking off the ‘old person’s’ image and bringing them up to date with some of the best equipment fitted as standard. Well done Volvo. The other winners were:

 

  • Best Supermini – SEAT Ibiza
  • Best Small Hatch – VW Golf
  • Best Family – Peugeot 3008
  • Best Executive – BMW 5 Series
  • Best Luxury – Rolls-Royce Phantom
  • Best Estate – BMW 5 Series
  • Best Small Crossover – Citroen C3 Aircross
  • Best Medium Crossover – Volvo XC60
  • Best Large Crossover – Skoda Kodiaq
  • Best Coupe – Lexus LC
  • Best Cabriolet – Mazda MX-5 RF
  • Best Hot Hatch – Hyundai i30 N
  • Best Performance – Kia Stinger

 

So there you have it with several cars on our latest list of deals and offers. By Graham Hill

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