The Best Car Finance Blog In The World

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

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:

3. 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

In an earlier blog I talked about speeding and the crackdown on those considered to be a serious speeder with the imposition of increased fines. Well not only are we seeing a crackdown on speeding offences but also distractions, in particular mobile phones.

In an exercise that involved 36 police forces last November they stopped 10,012 cars and detected 8,000 mobile phone offences. 7,800 fixed penalty notices were issued along with several  hundred verbal warnings and 68 court summons. In an earlier campaign in May 2016, 2,418 cars were stopped with 2,323 mobile phone offences detected.

When asked about the increase the National Police Chief’s Council (NPCC) explained that 6 more forces took part in the November campaign with more resources being dedicated to carrying out the roadside operation, especially by the Metropolitan Police. A further week long campaign was started in January 2017 the results of which are as yet unknown.

The exercise is a difficult one for the police as it is difficult for officers to differentiate between someone using a mobile rather than scratching an ear or nose or just raising a hand. But even so they managed to detect a frighteningly large number of offenders, many of whom weren’t aware of the increased fine and points as of 1^st March 2017 (£200 spot fine and 6 points).

The NPCC said that outside these purges they are managing to detect more offenders as a result of new tactics and innovation employed, along with intelligence provided by the public, with particular success in catching repeat offenders. It would seem that this is something that the police will be doing on a regular basis following demands made by the public.

Whilst other distractions were detected such as eating crisps and chocolate and drinking from a bottle whilst driving they only amounted to 1.4% of the sample. So the police will continue to concentrate on mobile phone users whilst driving. You have been warned. By Graham Hill

Let me ask you a question, what irritates you most? Pot holes, speed bumps or 20mph speed limits? For me there is little to choose but each of them has an affect on the way we drive with two meant to make roads safer and the other one simply slowing us down as we don’t particularly want to destroy our tyres and suspension.

Whilst you try to work out the one that destroys tyres I can tell you that speed bumps could be a thing of the past (hurrah and hurrah), to possibly be replaced by the wide use of 20 mph speed limits (damn, damn, damn). A report out at the end of last year by the National Institute for Health and Care Excellence (NICE) – yes I thought they only approved drugs also – suggests that local authorities do away with speed bumps as they lead to erratic driving which increases pollution.

As a replacement they have suggested variable speed limits and ‘no idling zones’. Statistically 64% of air pollution in urban areas is caused by road traffic costing the UK £18.6 billion each year. I wish they would explain that figure, I guess as it’s NICE they mean in consequential health issues but how do they prove that it’s not down to the sufferer’s lifestyle or place of work?

Anyway, moving on, they want to stop idling in certain areas but this has also caused me concern. You know the old strip lights that are still used in open areas, offices, kitchens etc.? Well I remember reading somewhere that if you turned one of these lights off then switched it back on a little later the starter used up more electricity than if you had left the light on for over 2 hours (can’t remember the exact time), so my point here is could the same principal apply to stop start engines that are meant to reduce pollutants into the atmosphere?

Could constantly starting the engine kick out more CO2’s and other noxious gasses into the atmosphere than simply leaving the engine ticking over? Just a thought – but a very good one Graham I hear you say. I digress. They suggest that 20mph limits be introduced in areas of regular congestion and drop motorway speed limits to 50mph in order to create steady traffic flow.

They recommend the wider introduction of congestion charging and laws to prevent parents from leaving cars idling whilst delivering children to school. I’d have thought a gentle tip off in the local hooligans’ shell likes should solve that one! Other rather entertaining proposals suggest new houses with living rooms at the back of the house, furthest away from roads (umm what about bedrooms?), car free days for some areas and siting cycle lanes away from main roads.

I’m all for saving the planet but do these people really think these things through? To avoid congestion in the centre of town during the rush hour won’t be solved by introducing a 20mph speed limit when you are lucky to achieve 3 mph on a good day. Still removing road humps will be a good start as far as I, and most Ferrari divers, are concerned. By Graham Hill

Failing to disclose an active medical condition can not only result in a serious accident but also a prison sentence. This happened recently when a woman fell asleep at the wheel as a result of suffering from obstructive sleep apnoea, a condition that isn’t uncommon.

Having fallen asleep her car crossed to the other side of the road and hit an oncoming car head on causing the death of the other driver. After pleading guilty to causing death by dangerous driving and the court finding out that she had been diagnosed the condition 2 years earlier she was clearly heading for prison.

As soon as she had been diagnosed with the condition that could affect her driving she should have immediately informed the DVLA but of course this has raised the issue of when should the DVLA be advised and by whom. Whilst there may be a list of conditions that you must report if you have them I certainly don’t know them other than eyesight.

So should it be the responsibility of the GP already under pressure to treat lots of sick people in his waiting room? And even if a driver is diagnosed with a condition that should result in immediate confiscation of their driving licence there is an obvious incentive not to advise the DVLA knowing that they would have to submit their licence.

But the risks to their lives, the lives of passengers and other road users are too great to ignore this situation. The current procedures are a mess. Once a driver has been diagnosed with or believes they have a condition that could prevent them from driving they must apply for an independent assessment from a doctor in order to obtain the doctor’s approval.

But the DVLA doesn’t require evidence of this and the driver is allowed to continue driving pending the assessment. Road safety charity Brake have been assessing some of the safety issues and have so far come up with a recommendation for drivers to have an eye test before taking their driving test and a minimum of every 10 years thereafter.

It’s a start but far too weak in my opinion. In the meantime, having been the victim of a driver falling asleep in a car approaching and drifting across the road in front of me, I can tell you that it’s a scary experience. I mounted a dirt bank and avoided an accident with miraculously not even any damage to my car, but it could all have ended much much worse!

Be vigilant, you never know when you will need to take avoiding action. And if you are suffering a dangerous condition get checked out, it could save several lives. By Graham Hill

Under new laws that come into force from 24^th April 2017 most serious speeding offenders will be fined 50% more. The Sentencing Council has issued new guidelines to be implemented in all magistrates’ courts in England and Wales.

At the moment the most serious speeding offenders face fines that have a starting point of 100% of their weekly salary, this will go up to 150% of weekly salary (no I didn’t either). The upper limit doesn’t change though which clearly favours the better off amongst us.

The upper limit remains at £1,000 or £2,500 for those caught on a motorway. Again, in my opinion, arse about face. Speeding in a built up area should carry a bigger fine than on a motorway. As 10 times more people die on country roads (60% of total) it doesn’t make sense to penalise motorway speeders more than non motorway speeders.

A speeding offence is considered to be serious if you are caught driving at 51 miles per hour in a 30mph zone, 66mph in a 40mph zone,  or 101mph on a motorway etc. Some experts are calling for 3 month bans applied to those driving at speeds that drop them into the serious speeding zone.

I believe that would have a greater affect on those who speed but is it the answer – I really don’t know. For information the average fine in 2015 was just £188 with 166,695 offenders being sentenced. By Graham Hill

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

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

Contract Hire or car leasing as some people call it can be very confusing because you can’t always apply what you may consider to be logic. Let’s take metallic paint for example. Some leasing companies will provide you with free metallic paint and given the fact that metallic for most cars costs north of five hundred quid you’d be silly not to take it. But are they actually being generous?

No they’re not because careful scrutiny of some quotes that I run shows that the addition of metallic paint, whilst increasing the cost of the car actually drops the monthly rate. A recent BMW quote dropped the rate by £6 + VAT per month when I added metallic paint.

This may sound daft but it’s all down to the resale value at the end of the agreement. A prestige car with metallic paint is much more desirable in the used market than a solid colour car and this is often reflected in the prices achieved through auction. So from the leasing company’s point of view, whilst they may have to pay an extra £400 for metallic after discount they could be £7-800 better off when they sell the car in 3 years time.

The same can apply to the spec. of the car. We have had a number of deals over the last few months where a better spec car can be leased for less than an entry level car. This can be partly because some extra discount has been given by the manufacturer but is often because of the desirability of the car through auction.

Some examples are the Jaguar XF where the R-Sport was less per month than the SE and the Jeep Renegade Sport was more expensive than the better spec. Longitude. So don’t dismiss the higher spec. because you think that the higher spec. car will cost a lot more per month because the list price of the car is much more.

The VW Touareg R-Line is £377.45 + VAT per month and the R-Line Plus is just £3 + VAT per month more at £380.54 + VAT and yet the spec. is much improved. Contract hire is a product that often defies logic – speak to me! By Graham Hill