Self Repairing Roads To Combat Potholes

Friday, 26. May 2017

According to the RAC pothole related breakdowns were up by 63% over the last year. Between January and March this year breakdown patrols helped 6,500 drivers who were in trouble due to poor road conditions. The problems ranged from punctures and broken suspension through to distorted wheels.

 

So I was interested to read that researchers at Delft University in the Netherlands may have the answer. They have come up with a self-repairing Asphalt. Normal Asphalt is made to be porous in order to reduce road noise, but the pores allow cracks to build up and eventually turn into a potholes. In order to overcome this the clever people at Delft have come up with the idea of mixing in steel wool into the asphalt.

 

The steel wool makes the mix conductive to electricity. So if a crack appears a magnetic induction machine is rolled over the surface to heat the mixture that will close the cracks before they become potholes. This system has been under test since 2010 on 12 Dutch roads with none of them requiring any more repairs. The Asphalt mix costs around 25% more but they say the new mix could double the life cycle of roads saving money in the long run.

 

Personally I have yet to be convinced as firstly they have to identify the cracked roads very early on, then they need to tow to the site a special induction machine on wheels that then sends a current through the wool to heat up the Asphalt. And once a pothole appears you are back to a man with a shovel and a heavy boot to repair it. Let’s face it if we had the ‘crack warning’ early enough and the resources we could dispatch the man with his shovel to fix it just as quick and more cheaply. But what do I know? By Graham Hill

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Do You Know If You Have A Spare Wheel In Your Boot?

Thursday, 13. April 2017

If you have taken delivery of a new car recently have you checked the spare tyre situation? Many people are still driving around in the belief that they have a full sized spare sitting in the boot but if you lift the carpet mat you may be shocked to find that you only have a skinny spare, about the width of a pound coin or worse, as manufacturers try to save another gram of CO2, a can of spray tyre inflator and rubber weld in the hole that once contained a spare wheel.

Even worse if you have a BMW because you may open the boot carpet to reveal – nothing! No skinny wheel or can of tyre repair gunk. Just – nothing! Because most BMW’s are now fitted with run flat tyres, which is good because if you get a puncture the tyre will feel spongy and an alert will tell you that there has been a sudden drop in tyre pressure but you can keep going for a further 50 miles at 50 miles per hour.

The bad news is that whilst there are repair kits available to the trade few tyre repairers are happy to carry out a repair as it can be difficult to assess the ancillary damage caused to the structure of the tyre by driving it without air. So generally speaking you are into the cost of a new tyre following a puncture with the additional pain that run flats are more expensive than a normal tyre.

Incidentally, I have had clients call following the delivery of a car with a repair kit in the boot in place of a spare wheel believing this to be illegal. It isn’t. In order to reduce weight, CO2 output and fuel consumption many manufacturers are turning to the spray can so if you’re not sure check it out.

And with the RAC advising that punctures are the most common call out alongside engines that won’t start it might be wise to check the boot. You will at least be prepared and if you prefer at least a skinny spare you can normally get one from a dealer as an after fit. By Graham Hill

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Car Owners To Be Fined When Passengers Throw Litter Out Of Cars

Thursday, 13. April 2017

As I get older I’ve stopped doing many of the things I did as a young driver, mainly revolving around road rage. If someone pulls out in front of me on a roundabout now I no longer lean on the horn whilst screaming blue murder over the thumping sound of  Will I Am’s latest dance release, sticking two fingers up at the driver then spending the next 10 minutes trying to cut the dopey old 90 year old up at every opportunity to ‘teach her a lesson’!

These days I’m as likely to even slow down and let the driver pull out in front of me on the roundabout, only the one of course, my benevolence doesn’t stretch to being courteous to more than one driver at a time – behave! But there is still one thing that still causes me to see red and that is to be driving behind a car and the driver or the passenger in the car in front dispose of the remains of a Chicken McBucket meal for 4 out of the driver’s window.

Of course there are a few with a social conscience who either get the passenger to throw the rubbish out of the passenger window so that it doesn’t end up on the screen of the car behind, or if there are no passengers in the car open the passenger window and lob the rubbish out from the driver’s side contributing to the 700,000 bin bags of rubbish collected annually from the roadside.

Either way it causes me to get angry because it’s one of those things that I can honestly say I’ve never done. It’s despicable to mess up the roadside with rubbish. It’s no big effort to keep the rubbish in the car till you get home, to work or fill up at the garage – isn’t it? But having said that I don’t go knocking on car doors armed with a tyre lever to point out the error of their ways for two reasons.

Firstly cars no longer come with a tyre lever and to walk up to a car window armed with a can of Holts Tyreweld would be more than mildly silly. Secondly I heard of an old lady who became incensed when she saw the passenger of a parked car happily dropping the packaging and remains of their lunch on to the road from their window, asked politely to pick up their litter before they left, and ended up in traction for her efforts.

I’m not that brave over an empty crisp packet but I’m please to say that the law is tightening up on litter louts. From later this month local authorities in London have the power to issue £100 fines to those caught dropping litter out of cars and can be caught using CCTV cameras.

Caroline Spelman, Environmental Secretary is also considering rolling this out across the country with an increased fine of £200 and making the owner of a car responsible for the fine even though the rubbish may have been ejected by a passenger whilst the car was being driven by someone other than the owner.

The fact is that dropping litter is a criminal offence and you can be fined by a magistrate up to £2,500 so it is already serious but a fixed penalty of £200 may work better. Something else that makes me see red is seeing a driver either texting or driving with a mobile phone lodged under their chin – no that isn’t hands free! Oh and then there are the times when you let someone pass cars on their side of the road and they don’t even raise a finger in gratitude oh and then ……………… By Graham Hill

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Don’t Get Ripped Off By Foreign Rental Companies When Travelling Abroad

Thursday, 13. April 2017

As Easter is nearly upon us I thought I would share something I read with you in the event you are travelling abroad and may be renting a car. I read that a chap was in France and needed to rent a car. He was handed the keys of a diesel and whilst they can sound a bit rough when diesel cars initially start up, they generally settle down and, after a while, sound from the outside as well as the inside, no different to a petrol car.

However, in this case, as the engine warmed up it got progressively noisier and as the driver knew a thing or two about cars he identified, quite quickly, that the car had been miss-fuelled. He took the car back to the rental company and swapped it for another car but it was what he was told by the major rental company rep. that was a little worrying.

He explained that as most rental companies have mixed fleets of diesels and petrols it was quite easy for a non French speaking client to top the car up with the wrong fuel whilst rushing to get to hand the car back before catching their plane home. But it was suggested that some unscrupulous rental companies were handing over cars that they knew to be miss-fuelled.

Then when you returned with the car arguing that the client must have miss-fuelled the car and charging their credit card with the cost of repair as it ‘wasn’t covered by the insurance’. The suggestion was that they wouldn’t repair the car, simply keep it to one side waiting for the next sucker.

So if this is the case make sure you use recognised, well established, rental companies with plenty of on-line recommendations. Make sure that the insurance policy covers miss-fuelling, run the engine for a short while and if the noise on startup gets worse within 5 minutes reject the car and ask for a replacement. Oh and of course, whichever country you are visiting, get to know the words for petrol and diesel. By Graham Hill

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Your Credit Card & Section 75 – FAQ’s

Friday, 24. March 2017

I have mentioned in the past the great asset a credit card can be when dealing with consumer rights issues such as faulty goods. Provided the goods cost between £101 and £30,000 and you pay even a token amount on a credit card you are covered for the full value of the goods.

In addition the dealer (supplier) and the credit card company are jointly liable under section 75 of the Consumer Credit Act. So let’s take as an example a car that costs £15,000 for which you either have cash or you have taken out a personal loan. Either way when you buy the car it is seen as a cash purchase. However, when you saw the car at the dealership, whilst you arranged for the cash to be available you made a nominal payment of £50 on your credit card in order to hold the car.

That is sufficient for you to be covered up to the total value of the car of £15,000. I have read of instances whereby a dealer, in a bad way, has taken holding deposits from customers on credit cards. The dealer has then received the balance in cash but before the car is delivered he goes bust. On the face of it the customer has lost his cash but by making the deposit payment on a credit card he can now claim back the full amount paid of £15,000.

When this has been explained to people both myself and lawyers get asked similar questions, here are a few with answers:

If you buy several things on a credit card coming to over £100 are you covered by section 75? No, you are only covered for individual items costing over £100 each. Buy 4 tickets to a show costing £50 each in one transaction that don’t arrive – you aren’t covered.

If an item costs from £100 to £30,000 I’m covered by section 75. No, the goods must cost OVER £100, exactly £100 is not covered.

Will you still be covered by section 75 even if you pay the amount of the deposit or the cost of the item off? Yes

If you exceed your credit card limit in order to pay the deposit or the cost of the goods are you still covered? Yes you are.

Do you have to wait till the seller or dealer refuses to give you a refund before approaching the credit card company? No, both are liable so you can approach both for a refund.

When making a claim to the credit card provider are you limited to the amount paid on the credit card? As mentioned above, no, if the dealer/supplier can be proven to be at fault both parties are liable for the total cost.

This is a common one which causes confusion as it goes to the definition of a consumer. If a self employed person uses a credit card to buy a vehicle for business use they won’t be covered by section 75. This is false because whilst the Consumer Rights Act would not see a self employed person as a consumer the self employed person would be considered to be a ‘consumer’ within the Sale of Goods Act which is still in force.

Many businesses offer the ability to pay by credit card or through Paypal. If you pay by credit card through Paypal are you still covered by section 75? This is true. But Paypal offers its own protection which can occasionally work better than section 75 but you no longer have access to the FOS.

If you pay a deposit on a credit card with the balance on HP will you still be covered by section 75? Many people would believe that you are covered and you still have access to the FOS but the fact is that you aren’t covered by section 75 as the HP agreement supersedes the credit card payment. It will only cover a 3 party arrangement, in this case there are 4.

Items costing more than £30,000 are not covered by section 75. This isn’t strictly true as there is a section 75A which imposes a secondary liability on the creditor increasing the limit to £62,620 but the joint responsibility no longer applies.

Hope all that helps.  By Graham Hill

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What To Do When Your Car On HP or PCP Is Faulty

Friday, 24. March 2017

For years I have been advising customers, SME’s and consumers in general about their rights regarding the purchase and finance of vehicles and what to do when things go wrong. You buy a vehicle and finance it on HP. In these circumstances there has always been an obligation on both the supplier (the dealer) and the provider of the finance as the transaction is regarded to be a ‘linked transaction’.

This made both parties jointly liable if a car that you bought subsequently displayed a fault that could be proven to have existed when the car was sold to you. This doesn’t just apply to cars, it applies to any other goods that you buy this way. However, had you ignored the dealer and complained to the lender in the first instance he would normally direct you, quite incorrectly, back to the dealer ‘as he supplied the car so is liable’.

I’ve even had rows with very senior members of staff at HP companies pointing out that the rights of the customer are exactly the same whether dealing with the finance provider or the dealer who supplied the goods. In fact as we now learn from the Financial Ombudsman it is the finance company who should put matters right. More of that in a moment.

But for most people this is where it starts to get strange because let’s say that the car was advertised as having 6 forward gears and when you bought the car the spec. of the car showed 6 forward gears and even the salesman explained that the car had 6 forward gears but when the car was delivered you find that it only has 5.

The car can be rejected as ‘not as described’ but the HP company is as liable as the dealer even though he was not party to the negotiations. Strange but true – but this isn’t the end. According to one law firm some of the confusion has now been clarified – or has it? According to them there is a very clear process. The car is inspected and agreed upon by the consumer prior to the purchase. In turn he agrees to take out HP or PCP and the car is invoiced to the lender.

The lender now owns the car and the transaction between the lender and the dealer is a commercial transaction and doesn’t fall within the rules of the new Consumer Rights Act. As a consumer your rights within the Act are now between you and the lender. If the goods are faulty, not fit for purpose or not as described you have a case – only against the lender. So if you take up the case against the lender don’t be pushed back to the supplying dealer. That is the lender’s problem – not yours.

 

As most lenders are very keen to get the case off their desk they are unwinding the finance and taking back the car then forcing the dealer to take the car back from them and refund to them the price paid under threat of withdrawing their credit facilities. The firm of lawyers is suggesting that the dealers start to fight back, no doubt earning the firm of solicitors fees. This won’t affect you as you have already returned the car, had the finance unwound and had your money refunded.

They are also suggesting to dealers to prevent the situation from happening in the first place by explaining to the customer something along the lines of, ‘We think highly of our customers and our cars so if you have any problems within the first 6 months of having the car please let us know and we will do our best to resolve the situation to everyone’s satisfaction’. Not strictly the law but can avoid losing heavily by having to take the car back from a sympathetic lender. Know your legal rights and don’t be afraid to exercise them.

A couple of final points from the Financial Ombudsman Service from their website:

Where the dealer offers you a ‘Fixed Sum Loan’ that is linked to your car purchase this is covered by section 75 of the Consumer Credit Act making the dealer and the lender jointly and severally liable:

For fixed-sum loans, it is because the transaction is covered by section 75 of the Consumer Credit Act 1974.

However, if you take out a loan separately from a bank or building society you are not covered by section 75. It has to be a transaction linked to the car at the point of sale.

Surprising to many, a Hire Purchase agreement does not fall inside section 75, here is what the FOS says:

Hire purchase agreements are consumer credit contracts that give the consumer the right – but not the obligation – to buy the goods at the end of the hire purchase term. Section 75 does not apply to hire purchase.

However, with so much confusion, the FOS will consider all claims from consumers for faulty goods, not fit for purpose or not as described. From my experiences the FOS will go to great lengths to lend a sympathetic ear to consumers and they don’t cost you anything. At the end of the process you can still sue the company concerned, especially if you feel that severe damages should be awarded. The FOS is restricted as to how much compensation it can award. By Graham Hill

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The Truth About Credit Searches

Friday, 17. February 2017

After a spate of adverts on the TV in which various lenders suggest that they can carry out a search to see if you are eligible for a loan, without leaving what is known as a ‘footprint’ on your credit file, many questions have been asked by customers and those on my blog regarding theses searches and their own credit files. In general they want to know how this can be done, are our searches recorded and what is the purpose of having searches registered on your credit file if some lenders are apparently ignoring the rules?

 

OK let me explain. First of all the rules are very clear, if you make an application to a lender for credit, which will cause a lender to access the information held on your credit file, they will register the search with the agency. More on this later. However, the rate you are charged for finance is often based on your credit status so to help the industry and avoid you suffering as a result of ‘shopping around’ a new search was introduced known as a ‘quotation search’.

 

This is different to a credit application search, known simply as a Credit Search. All Credit Searches are available to anyone who has access to your file after you have given them permission. But only you can see the ‘quotation searches’, none of these searches are available to lenders or anyone else accessing your credit information such as potential employers, association membership applications etc. Each of the three UK credit reference agencies, Equifax, Experian and Call Credit will list all ‘credit searches’ on your credit file once you have made an application for credit.

 

However, this encouragement to ‘shop around’ is promoted in the knowledge that whilst attempting to get to the best rate through lenders or brokers, your credit score won’t be penalised. That seems reasonable. However, lenders and credit card companies are using this loophole to drum up business. Now don’t misunderstand me, I’m not actually opposed to some form of pre qualification as it can save a lot of pain. If you are pre-qualified on the finance you will know, before you get excited over the new car you’ve chosen, if you will be offered the finance to acquire the car and the car salesman won’t waste time showing you cars that you can’t finance.

 

But it’s the abuse of the system that I, and many others, object to. There are some lenders and search agents that will offer to carry out a free credit search for you to see how your credit stacks up and your likelihood of receiving the loan you are thinking of applying for. But having carried out the search you are then inundated with offers of  ‘Pre-approved’ loans and credit cards. Not, in my opinion, in the spirit of the FCA regulations to treat customers fairly etc.

 

Anyway, let’s get back to the recorded searches and their affect on your credit. Different lenders have different attitudes towards the searches. If you have a number of credit searches on your file within a very short period of time, i.e. several over a few days they will approach your application with caution as it could be that you are applying for credit to many funders at the same time that could take you out of your affordability range.

 

Of course several searches could be the result of several applications being made around the same time. As the approval doesn’t get registered on your file, only the loan when you draw down the amount borrowed or, in the case of HP, when you take delivery of the car, the only way that lenders are aware of each other is via the searches. So whilst imperfect they can act as a warning.

 

For example, let’s say you have had agreed 5 different loans from different lenders, you could arrange draw down on the same day and only after that would each lender be aware of the other, so that’s why searches are important. To avoid the lender believing that you could be doing this make sure that if you are ‘playing the field’, when you ask for a quote the lender is only carrying out a quotation search. You should also be aware that when searches are registered they are only registered with the agency that the lender uses. In other words there is no sharing of information between credit reference agencies, so if the lender searches Experian the search will only be registered with them, not with Equifax or Call Credit.

 

Of course some of the larger lenders will search all three platforms, especially if the loan amount is substantial. When checking your own files, there are new agencies such as CheckMyFile who purport to check all the platforms for information on you but I’m unsure about the accuracy but in the meantime, because of the way the systems work you may find information on one platform about you that doesn’t appear on another. This is what one of the agencies said to me:

 

However, please know that the information held by xxxxxxxxx is dependent on what is shared with us by lenders. Not all lenders share account information with all credit referencing agencies, and so it’s possible that we may not hold any information at all about a particular account. This is why we recommend that you check your credit report with all three major credit referencing agencies, in order that you can get a complete view of the information held on you.

 

So much for the adverts on TV enticing you to check your credit score with them. If you are just going to check one it might be useful to know that 76% of lenders use Experian, 54% use Equifax and 30% use Call Credit. Why doesn’t this add up to 100%? Because some lenders search 2 or all three platforms. The Moneysavingexpert has helped out by listing the various lenders and which credit reference agencies they use. So if you are applying for say a credit card with the Co-op you will see that they only check Experian so that’s the one you need to check out. Here’s the link:

 

http://www.moneysavingexpert.com/credit-cards/credit-reference

 

There are no legal obligations applied to searches and the amount of time they should remain on your file but for information credit searches remain on your Experian and Eqifax files for 12 months whilst they remain on Call Credit for 2 years.

 

Oh and as a couple of final thoughts, firstly if you are looking to take out a loan, thanks to the EU Consumer Credit Directive of 2010 those advertising representative APR’S must be seen to provide 51% of all customers with the rate advertised. This changed from 66% under our own UK legislation so the EU has provided banks and other lenders a licence to print money. And to prove my point, in an advert on Barclay’s Bank website they advertise a personal loan of between £7,500 and £15,000 at an APR of 4.9% Representative over 2 – 5 years. It also says rates may differ with a tiny 3 attached to it. This is what tiny 3 says right at the bottom of the page:

 

  1. The rate you’re offered may differ from the representative APR shown – and will be based on your personal circumstances, the loan amount and the repayment term. The Barclayloan advertised here is available over terms of between 2 to 5 years, with a maximum APR of 26.9%.

 

Wow, bit of a difference eh! And as they only need to provide the 4.9% APR rate to just 51% of the customers how many of the other 49% do you think are having to pay closer to 26.9% than the 4.9%? Hmmm!!

 

Secondly, and finally, there is confusion over your ability to obtain finance and your credit score. Having many credit searches on your file will, in many cases, drop your credit score slightly. So your score may drop from say 99 out of 100 to say 95. In some cases I’m told that your credit score won’t be affected at all but this doesn’t mean you can finance a new Ferrari on a take home pay of £2,000 per month.

 

And this is where the more important score comes into play, the underwriters ‘Score Card’. This score takes into account many other things such as where you live, what company you work for and the industry you’re in, how long you’ve been in your current job, number of dependents and of course your income along with many other factors, put together by each individual lender.

 

It is this scorecard that determines whether you will be advanced the money or not, not your credit score which is just part of the equation. By all means make sure that you look after your credit and maintain a high credit score but remember that a high credit score doesn’t mean auto accept on anything you want to finance.

 

Absolutely finally if you find that you have applied for credit at several dealerships over a few days then changed your mind, or applied online, not for a ‘quote’ but actually for the finance to several lenders, leaving a string of Credit Searches on your credit files, make sure that you explain what happened on each of the 3 credit agency files by posting a ‘Notice of Correction’.

 

Explain that you have been test driving cars and each time was talked into checking if you could be cleared on finance by their lender or if you have been applying for finance online and again not realised that search footprints, left behind, might affect your credit score, post a note to this affect. If you do this it forces an underwriter to check your file rather than rely upon the autoscore to either accept or reject your final application.

 

In fact the same applies if you have some negative activity on your file (defaults, arrears) as a result of say a marriage breakup or redundancy, you have 200 words to explain what happened and that you are now on top of things (if you are). It could certainly help your application if the problems took place some time ago, Just thought I would mention!

By Graham Hill

 

 

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Misunderstandings about MOT Tests & New Changes

Friday, 10. February 2017

MOT tests do not prove that a car has no faults. On many occasions I have written about this issue and explained how buyers have been handed a brand new MOT certificate with their used car as proof that the car is faultless. Most safety items are checked along with emissions but it won’t reveal that a car has an oil leak or any other mechanical fault unless it falls within the scope of the test.

 

A full mechanical check on the car should confirm if the car has a faulty gearbox or engine or any other potentially expensive faults. Having said that the scope of the MOT test is extending annually to include new technology which also means that examiners are expected to take an annual, online, test. However, it has been revealed that just 35% of MOT testers have taken their test with just up to the end of March to pass.

 

Following which the testers will put their licence in jeopardy. The question is does this put drivers at risk if the MOT tester isn’t up to speed with the latest requirements? The Driver and Vehicle Standards Authority (DVSA) thinks not as they have announced that the examiners will be treated leniently this year, as this is the first year of change and the online examinations, but a tougher approach will be taken in future if examiners don’t conform to the new rules. Concerns have been raised regarding driverless cars.

 

Development in this sector is gaining traction but concerns have been expressed by various bodies regarding the preparation, or rather the lack of it, when it comes to the safety testing and MOT test criteria in relation to autonomous cars fitted with extra sensors and complex electronics. The Department for Transport simply says that work in this area is ‘under review’. Finally on the subject of MOT testing the Department for Transport has finally launched its proposals to extend the first MOT test from 3 years to 4 years.

 

The consultation paper recommends that the initial MOT test for cars and motorcycles be extended to 4 years from 2018 saving motorists more than £100 million annually. Transport Minister Andrew Jones (no I haven’t heard of him either) suggested that our roads are some of the safest in the world and vehicles are much safer than they were 50 years ago when the MOT test was set at 3 years.

 

Personally I would suggest that we need to see how many cars fail their first MOT at 3 years before deciding if we can extend to 4 years. Strange that wasn’t mentioned. By Graham Hill

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Why PCP Is The Most Popular Consumer Car Finance

Friday, 10. February 2017

As most of us know you can give the same set of statistics to two different people and they will each read something completely different into them. Let’s take the way you will finance your next car, assuming it’s a new car. Statistically around 87% of new cars financed by consumers were financed on a Personal Contract Purchase (PCP) with around 6% financed on Personal Contract Hire (PCH).

 

So you may draw from the statistics that by far the best product is PCP as 87% of the market can’t be wrong. Let me explain that PCP is the most popular amongst car dealers, that’s why it is the most popular amongst consumers – they’ve been sold to! And, as has been reported widely recently, there is a grave lack of education amongst consumers when it comes to financing one of their biggest financial commitments – their car.

 

PCP has replaced HP as the most popular way to finance your new car, let me explain why – it makes the lender and the dealer more money even when the most toxic measurement ever created, the APR, is exactly the same on the same car. At this point you may be aghast.

 

Let me give you a quick example, you see a car that costs £22,000, you put down a deposit of £2,000 and look to finance the car over 3 years with the intention of owning the car after 3 years and, if it is still OK, running it for maybe another 2 years. But currently the cash flow is a little tight so you need to look at the figures. Let’s look at HP based on 36 payments with you owning the car after 3 years. And to keep it simple we’ll work on an APR of 10% assuming also that there are no additional fees and charges.

 

The monthly figure calculates out to be £645 x 36 payments = £23,220. OK, now let’s look at a PCP with the loan amount being the same, £20,000, APR the same at 10% and a final payment of £10,000 to own the car, the monthly figure calculates out to £406 per month. Wow a monthly saving of nearly £240! But if you then pay the final figure and own the car in the same way that you owned the car at the end of the HP agreement you pay 36 x £406 = £14,616 + final payment of £10,000 = £24,616, a whopping £1,396 more in interest charges.

 

You can answer the question yourself – which product do you think the lenders and more importantly the dealers want to push you into? You may be paying substantially less per month and the same APR but the extra interest represents an extra 7% on the amount financed. But now let’s look at a headline, ‘Personal Contract Hire (PCH) is the fastest growing method used by consumers to finance new cars.’ Sub heading: ‘The take up of PCH has more than doubled over the last 18 months’.

 

Yes it has, 18 months ago it only accounted for 2.5% of the finance used by consumers to finance new cars it is now at 6% and growing so you could conclude from the headlines that PCH is the way to go. But you are unlikely to  see these headlines as dealers don’t like PCH as they have to sell their cars at rock bottom prices with some leasing companies restricting their finance commission to just £200 per car.

 

So you won’t see dealers falling over themselves to sell you a PCH on a car, even though it may be substantially cheaper than a PCP, but rather selling you into the idea that you could own the car at the end of a PCP, something you are not legally entitled to do at the end of a PCH (although some leasing companies will sell you a car at the end of a PCH at trade value if asked).

 

In truth only 20% of those who take a PCP actually buy the car at the end of the agreement with most of those using the car as a part exchange as there is some equity in it so the idea of owning the car at the end of the agreement as important is in fact a nonsense – the stats prove it! Finally, in an even more favourable twist in favour of consumers, many fleet operators are complaining that consumers are sometimes being provided with better deals than they are.

 

That is because the manufacturer and dealer can give away up to 45% in combined discount and bonuses on stock that needs to move to make way for new models, to keep production lines moving, or as a PR exercise to get more brand awareness out there. The problem with this is that when the cars go or they hit their target the deal disappears with monthly rates increasing by as much as £200 + VAT per month.

 

On the other hand fleets don’t want huge fluctuations in rates, it throws their budgets out. A fleet may have negotiated a deal on Golfs at £200 + VAT per month only to see a batch being offered at £169 + VAT to consumers. However, after the promotion, it wouldn’t be unusual for the consumer rate to jump to £269 + VAT but whilst the deal lasts the consumer has had a bloody good deal! By Graham Hill

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European Laws Following Article 50

Tuesday, 17. January 2017

What happens to the laws being introduced by the EU after Prime Minister May has started the Brexit process by enacting Article 50? Over the next couple of years, called the transition period, the EU will impose laws on all member countries but where does it leave us as we will still be part of the EU for two years after Article 50 is passed through parliament?

Take the European Court of Justice ruling in the Vnuk case. A Slovakian man was injured when a tractor reversed into a ladder that Mr Vnuk was on. Insurers refused to pay up as the accident happened on private land so it was up to Mr Vnuk to sue the driver privately for his injuries.

His claim went through the courts and failed at eac level until it was referred to the European Court of Justice. The European Court of Justice ruled in 2014 that it was compulsory for all vehicles to have insurance, whether on the road or not, and whether used as a vehicle or machine, which should have therefore protected Mr Vnuk.

The EU’s Motor Insurance Directive states that vehicles such as lawnmowers, disability scooters and golf buggies should all carry insurance, much to the annoyance of our own insurance industry. The Government is, as a result, consulting about changes to the Road Traffic Act in order to meet the EU regulations.

Having expressed concerns regarding the cost of conforming to the EU regulations it would seem that as we are expecting to be outside the EU when the changes have been formalised the lawmakers have introduced a ‘sunset’ clause which means that changes to our current laws, as a result of this directive, can be immediately ditched the minute we Brexit. What a waste of time and money.

The question is how many more regulations will be introduced with ‘sunset’ clauses incorporated into the UK laws before we fully exit the EU? And where do we stand when European workers come into the UK to work on farms and experience similar accidents, will we need regulations to cover UK workers and others to cover EU workers and will UK workers be happy to be refused the same protection as those working in EU countries? And so my concerns about the full implications of Brexit continue. By Graham Hill

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