Buyer beware — odometer fraud on the rise

Think that odometer fraud is a crime of the past? Digital odometers were supposed to make altering a car’s mileage harder. And they did – for a while. But new gadgets for turning back odometers are now available on the internet — and shockingly easy to use.

An eye-opening undercover investigative report by CBS channel 2 in Los Angeles shows how it’s done — in a scam that has attracted the attention of authorities.

“CBS 2 investigation uncovers odometer fraud possibly affecting thousands of consumers”

Odometer fraud remains a serious crime in the U.S., robbing consumers who pay thousands more than a car is really worth. Plus they face costly repairs they didn’t anticipate. Adding insult to injury, warranties are usually void on vehicles with altered odometers. So even if you buy a car that was sold with a warranty, you may be stuck paying out of pocket for repairs.

How can you avoid odometer fraud? Vehicle history reports don’t always capture mileage discrepancies. So be sure to get a reliable auto mechanic to thoroughly inspect any used car you’re interested in buying, before you agree to anything. An altered odometer may register a trouble code that a qualified mechanic can detect, using specialized diagnostic equipment. Also insist on seeing all the work orders for past repairs, and contact the repair shop to confirm the mileage.

The average mileage for most cars is around 12,000 a year. Be especially suspicious when sellers claim a car has significantly lower mileage.

How to buy a good used car — without going deeper into debt

OK, so you need a car to get to work. Or look for work. Or get to school. But you have no credit, or your credit score has taken a nosedive. Now what?

Most credit-challenged people head to the local auto dealer strip, where they are lured by ads trumpeting “No Credit? No problem!” “Bankruptcy? No problem!” There, they are steered into buying overpriced, junky cars that often break down soon after sale, and need expensive repairs.  The kicker — usually, the down payment is more than the car is worth. In other words, if you can afford the down payment, you could buy the same car elsewhere — and not have to make any car payments at all.

Of course, the dealers are eager to sell you their overpriced clunkers, and get you into a loan that lasts for years. Then when the car doesn’t work, they are very eager to repossess them and sell them again. Each time the car changes hands, they make a profit. The sweet spot for them is when they end up with multiple consumers paying the deficiencies for loans on a single car they repossessed over and over again.

The trade association that represents the “buy here pay here” dealers in California has admitted to legislators in Sacramento that a whopping 30% of its customers end up defaulting on their loans. Often, that is because the car broke down and the consumers couldn’t get to work, and lost their jobs.

Meanwhile, your credit is even worse, and you have no car — and an even bigger debt.

Many people assume they have no choice. They feel trapped into buying from a “buy here pay here” dealer. But — there is a much better route you can take.

You can buy a car from another consumer. It’s simple, and you can get a good, safe used car for under $5000, if you do it right. You can an either take out a loan in advance — usually you’ll find the best rates if you join a credit union — or you can save up and pay cash.

Here’s how to do it: CARS Car Buying Tips

Today’s cars last longer and many makes and models provide safe, reliable transportation for years, even after they have over 100,000 miles on the odometer.  Recently, Edmunds.com’s Consumer Advice Editor Ron Montoya initiated a project to demonstrate that you can find a good car for under $5,000 — and pay cash. Instead of handing over $300 in monthly payments to a shady dealer, it’s smarter to save that money and keep it on hand, for maintenance and repairs.

More about Edmunds’ advice onhow to buy a good used car — with cash

 

Buyer beware: Dealers selling cars they don’t own

Thousands of car dealers across the nation have been selling cars they don’t even own. Don’t be victimized by shady dealers who engage in what’s known as “car kiting” — selling cars they take in trade, without paying off the outstanding liens.

How do they do it? Dealers who are having trouble making ends meet, or are just crooked, take cars in trade from consumers who still more than the cars are worth — known as being “upside down” or “underwater.” The dealers promise to pay off the rest of the loan, and the amount the consumer owes is rolled over and added on top of their next loan.  Then the dealer fails to pay off the loan. Instead, he “kites” the car — selling it without first paying the lender and getting proper title to the car.

If you buy the car that was traded in, you may be out of luck. That’s because the former owner’s lender still has the title to the car, and expects to be paid. When the dealer fails to pay, the lender can repossess your car. They can seize it even if you are a very responsible borrower and make every payment in full and on time, to your lender. When your car is repossessed, that can leave you without a way to get to work, and cost you your job. Plus a repossession typically stays on your credit for 7 years. Many employers check credit reports before they hire, so a repo can also become a barrier to employment.

How can you protect yourself from car kiting?

1. Insist on seeing the title before you buy. If the dealer doesn’t have the title, it may be because they failed to pay off the outstanding balance.

2. Double-check with your state’s motor vehicle department to make sure the title is legitimate (it’s too easy for a shady dealer to counterfeit a title).

Want to learn more about car kiting scams?   Here’s one case that caught the attention of New Mexico’s Attorney General:

http://www.youtube.com/watch?v=L_je_rhuq7E

Senator Boxer challenges rental car companies to take safety pledge

California’s U.S. Senator Barbara Boxer has issued a challenge to the 4 major rental car companies to pledge not to rent or sell vehicles that are being recalled due to safety defects.

Hertz immediately responded and took the pledge. But its competitors — Enterprise-National-Alamo, Avis-Budget, and Dollar-Thrifty so far have failed to take the pledge. Hertz is the #2 rental car company in the nation, in terms of its share of the rental car market.

Earlier this year, CARS announced that we reached a historic agreement with Hertz, which split from its competitors and agreed to support federal legislation, named for Raechel and Jacqueline Houck, two sisters, ages 24 and 20, who were killed by an Enterprise rental car that was under a safety recall.

Enterprise received the recall notice from Chrysler about 30 days before renting the killer car to Raechel and Jacquie, but didn’t bother taking it to a dealership to get it fixed, before renting it to them.

Instead of taking the pledge, Enterprise, Avis, and Dollar complained they are being treated unfairly, since individual consumers are not required to ground recalled cars until they are fixed. They just don’t get it — no one should have to worry about a rental car company deliberately renting them an unsafe car.

Sen. Boxer’s safety pledge simply says:

“Effective immediately, our company is making a permanent commitment to not rent out or sell any vehicles under safety recall until the defect has been remedied.”

Enterprise told the St.Louis Post-Dispatch that it insists on being able to pick and choose whether to ground recalled cars, or not. A spokesperson for Enterprise raised the example of a car with a seat belt chime that doesn’t work, as the type of defect Enterprise thinks is safe enough to keep renting to consumers.

However, according to Robert Vinetz, MD, FAAP, of Los Angeles, a leading pediatrician who is well-known for his work to improve safety for infants and children, such a defect endangers kids. Many parents rely on the chimes to alert them if a child is not buckled up, or if their buckle has become unfastened. Without the warning chime, a parent may not realize their child is unsecured — with disastrous results.

Instead of being an example of why rental car companies should be allowed to second-guess auto manufacturers and the National Highway Traffic Safety Administration, Enterprise’s example is a classic argument for why they should be required to ground recalled cars until they are fixed. Period.

Read more — St Louis Post-Dispatch report:

My car broke down — and I just bought it!

One of the most frequent complaints CARS gets — “I just bought the car, and as soon as I drove it off the lot, the check engine light came on.” Or “the engine blew up.” Or “the transmission stopped shifting.”

This happens all the time. And it can be catastrophic, resulting in losing the car and your job — and having your credit trashed.

How can you avoid the pitfalls of buying a used lemon, that needs expensive repairs right away?

#1 — ALWAYS insist on getting your own, independent inspection by a reliable auto technician, BEFORE you agree to buy. Don’t trust the seller — even if it’s a large dealership and the salesman seems nice and friendly. They are out to make a profit, and you don’t want it to be at your expense.

A good place to find an independent technician is Car Talk’s Mechanics Files, at
Car Talk Mechanics Files — reviews written by consumers

#2 IF you already bought the car AS IS, and you do have problems, don’t take it back to the dealership for repairs. It’s a trap. Think about it. What are the chances a dealer who cheated you over the condition of the car will suddenly get religion and fix it properly?

Instead, they usually keep the car for weeks and do band-aid repairs, that don’t last, in hopes you will give up and stop paying for the car. Then they spring the trap — and repossess your car. Then they have your down payment, and any payments you made, and — the car. Then they can sell the same car again and again to other hapless consumers. Meanwhile, you lose your car, and maybe your job, and the repo stays on your credit for 7 years. A disaster.

Instead, take the car to a reliable mechanic and get if fixed right. Then you can seek reimbursement from the seller. If he refused to pay for the repairs, you can try small claims court. But it’s better to just get it inspected first, and avoid a huge hassle.

Progress in curbing sour used car deals

California is moving closer to curbing sour deals on used cars sold by “buy here pay here” auto dealers, who target struggling people with bad credit — including members of the Armed Forces and their families. CARS is on the forefront in pushing for the reforms.

Los Angeles Times report:

http://www.latimes.com/business/la-fi-buy-here-pay-here-20120425,0,6508765.story

 

Buyer Beware! Avoid “yo-yo” financing auto sales scam

One of the most common auto sales scams is known as “yo-yo” financing. It’s basically bait and switch over the financing. Typically it happens like this —

You agree to buy the car, on reasonable terms, and sign a contract. The finance manager is all smiles, and hands you the keys. You drive off in your newly purchased car. Everything seems fine. Until you get “the call.”

The dealer tells you the financing “fell through” and you need to bring the car back. If you refuse, he threatens to repossess the car and trash your credit. Or he threatens to call the cops and have you arrested for auto theft. Even though you have a signed contract, and may have started making payments.

The dealer refuses to return your down payment or traded-in vehicle. He does this to keep you trapped and stop you from going to another dealership where you could get a better deal.

One consumer who contacted CARS was talked into buying a new Toyota, even though she told the salesman she didn’t think she could afford it. He insisted she could afford a new car, since they were offering 0% interest, so her payments would be lower than on the car she was trading in. But — shortly after she bought the car, the dealer called and told her that the financing “fell through.” Instead of 0%, the interest rate was going to jump to 16%. No way she could afford the payments at that rate. When she refused to agree to the higher rate, the dealer threatened to repossess her car. CARS eventually got the dealer to back down, by exposing the case to the news media. However, most consumers who are yo-yo’ed end up with loans far more expensive than they had bargained for.

The safest way to make sure you’re not yo-yo’ed is simple. NEVER get financing from the dealer. Either save up and pay with a check, or join a credit union and get pre-qualified for a loan. If the dealer says he can get you a lower interest rate, don’t believe it — the interest rate could skyrocket if the dealer decides to yo-yo you. \

A new report on MSNBC describes the scam and how to avoid failing into the yo-yo financing trap:

http://bottomline.msnbc.msn.com/_news/2012/04/12/11146297-yo-yo-scam-exploits-credit-challenged-car-buyers

Had a bad rental car experience?

Know someone hurt by an unsafe rental car? Tell us your story here.

Enterprise Rent-A-Car company, which also owns National and Alamo, has been putting their customers’ lives at risk by renting out cars that are so unsafe, they are being recalled by the manufacturer. We believe you should not have to worry about your family’s safety just because the rental car company neglected to get an unsafe car fixed.

But — Enterprise  disagrees. They want to be allowed to keep renting and selling unsafe cars. Especially over major holidays.That’s when they may run out of safe cars, and can’t meet the increased demand without resorting to cars that are under a recall.

     That’s why we’re fighting to prevent tragic incidents like the one that resulted in the deaths of Jacqueline and Raechel Houck, ages 20 and 24, who were killed by an unsafe Enterprise rental car — that was under a safety recall. They were told they were getting an “upgrade.” Instead, they were being rented a vehicle that caught on fire and caused their deaths. It also put others who shared the roads in danger. Enterprise received the safety recall notice from Chrysler about 30 days before Raechel and Jacquie showed up, but continued to rent the car anyway, without bothering to fix it first.

To its credit, Hertz said that it does NOT rent vehicles that are under a safety recall. Hertz is supporting the Raechel and Jacquie Houck Rental Car Safety Act, that would require rental car companies to ground unsafe, recalled cars until they are fixed. Unfortunately, Enterprise is opposed to the legislation and has been working behind the scenes to kill it.

How can you guard against unsafe, recalled rental cars?

     Don’t rely on what the clerk behind the counter tells you. Unfortunately, they have a conflict of interest and may not even know the answer, or may lie.

If you have a smart phone or other device with internet access, get the Vehicle Identification Number of the car the rental car company is offering to rent to you. Go to the manufacturer’s website and in the search box, enter “safety recall.” Then enter the VIN number to see if there’s a pending safety recall, or if the repairs have been completed.

If you don’t have access to the internet, ask the clerk to use the company’s computer to check the manufacturer’s website and print off the report on the car, including the VIN, and hand it to you. Make sure the VIN on the report matches the VIN on the car. It should be on a tag on the dashboard, and also on a sticker on the driver’s door jamb.

Take action — how can you stop rental car roulette?

Protect yourself and your family. Insist on checking the VIN for safety recalls before you sign anything.

If you reserved your car online through an airline or another website — they have clout with the rental car companies. Comment on the airline’s Facebook page that you want them to ensure that their contract with the rental car company prohibits renting cars that are under a safety recall.

Complain on the rental car company’s Facebook page about their policies. If they hear from enough of us, they will have to stop trying to kill the safety law, and ground unsafe cars until they’re fixed.

     Would you “Like” Enterprise and other companies to stop renting unsafe vehicles?
Show your support by “Liking” this on Facebook, by clicking the “Like” button below.
Thanks!

Senator Boxer champions rental car safety law

Senator Rockefeller agrees rental car safety belongs in large auto safety billCiting the tragic crash that killed Raechel and Jacqueline Houck in an unsafe Enterprise rental car, U.S. Senator Barbara Boxer (D-CA) spoke passionately about the need to prohibit rental car companies from renting unsafe, recalled vehicles to the public. Sen. Boxer quoted a former Enterprise manager, who said in a court deposition: “When demand called, we rented out recalled vehicles. If all you have on the lot are recalled vehicles, you rent them out … It was a given. The whole company did it. Enterprise’s corporate offices looked the other way regarding this fact.“

Sen. Boxer made this statement as a member of the U.S. Senate Commerce Committee, which voted to move forward with legislation to re-authorize the National Highway Traffic Safety Administration. She pledged to work to ensure that the final bill presented on the Senate floor addresses the problem of unsafe rental cars.

Cally Houck, mother of Raechel and Jacqueline Houck, praised Sen. Boxer for her strong stand for improving rental car safety, noting that it was ” very politically courageous.”

The owner of Enterprise Rental Cars, Jack Taylor, is the richest car guy in the nation. For years, he has been listed among the top richest people in the nation, in the Forbes list of the richest people in the U.S.

Read more: http://www.santacruzsentinel.com/localnews/ci_19548639

See video of Sen. Boxer, speaking at Senate Commerce Committee hearing, Dec. 14, 2011: Sen. Boxer on the CARS YouTube channel

Rental car companies play “rental car roulette”

~ Endanger customers’ lives
~ Try to defeat law to prohibit renting vehicles under a safety recallIn letters submitted to the National Highway Traffic Safety Administration last April, major rental car companies admitted to federal regulators that they keep renting vehicles to the public, even when they know they are so unsafe they are being recalled by the manufacturer due to safety defects.
For example, Enterprise Rental Car Co. wrote that:
“A committee of senior executives of the parent company, including the executives responsible for vehicle maintenance and repair, evaluates recall notices. If the committee is confident that we can continue to safely rent the vehicle, we may rent the vehicle prior to the recall work being completed.”
Dollar Thrifty wrote that they also second-guess the manufacturer and NHTSA, stating:
“[It has formed a] Vehicle Safety Team [that] is comprised of the Senior Executive Vice President of Operations, the Vice President of Fleet Operations, the Executive Director of Maintenance, and a Corporate Attorney…Dollar Thrifty’s Vehicle Safety Team evaluates safety recall notices to determine if a Hard Ground Response (i.e. vehicle not rented until vehicle is remedied), a Normal Response (i.e. defect remedied at next maintenance event), or a customized response is warranted…Based upon information in the recall notice and additional consultation with the relevant manufacturer, Dollar Thrifty draws distinctions between safety recalls based on the degree of safety risk posed by the defect.”

The letters from the rental car companies were submitted to the federal safety agency, in response to a formal Audit Query. The trade association for the rental car companies also stated, in a letter to members of the U.S. Senate, that after their member companies get recall notices, within the next 30-60 days, they usually fix only about 80 – 90% of the unsafe vehicles. Meanwhile, thanks to a loophole in the law, they may continue to rent or sell them to unsuspecting customers.

Obviously, 30-60 days is too long, and 80-90% is not enough. In one tragic case, two sisters, Raechel and Jacqueline Houck, ages 24 and 20, were killed by an unsafe Enterprise rental car about 30 days after Enterprise received the safety recall notice from the manufacturer. Meanwhile, Enterprise rented the defective vehicle to 3 other people. Any of them could have been killed. The car, a Chrysler PT Cruiser, was being recalled because it had a defect in a steering component that would cause an under-hood fire and also a loss of steering control. Raechel and Jacquie were riding in the car when the defect occurred. Witnesses saw the vehicle on fire. The sisters ended up colliding with an 18-wheeler, and the PT Cruiser exploded into flames. Their mother, Cally Houck, and brother, Greg Houck, have become ardent advocates for changing the law so other families will be spared the same horrific loss.

Eventually, after more than 5 years of denying it had any liability, and trying to blame the crash on the young women, Enterprise admitted it was 100% responsible for the deaths of Raechel and Jacquie — about a week before the case was heard by a jury.

Read more: http://carconsumers.org/new.htm

FTC Petitioned to Halt Enterprise’s Deadly Practice of Renting Defective Vehicles

Two auto safety advocacy groups, joined by the mother of two girls killed in the crash of a defective vehicle knowingly rented to them by Enterprise Rent-A-Car, today petitioned the Federal Trade Commission to take action to stop Enterprise and its owner company from renting out recalled but unrepaired vehicles to customers.

Employees of Enterprise Rent-A-Car and its owner, Enterprise Holdings – the company that also owns the National and Alamo car rental businesses – have admitted that the company’s procedures allow them to rent out cars that have been recalled by a manufacturer due to a safety defect but not yet repaired, and to withhold this information from customers. “There is nothing in place that keeps an employee from renting that car… Enterprise’s corporate offices looked the other way regarding this fact,” a company manager has testified.

The petition, to “remedy Enterprise’s deceptive trade practices,” was filed by the Center for Auto Safety (CAS), Consumers for Auto Reliability and Safety (CARS), and Carol S. Houck. Enterprise Holding is North America’s largest provider of rental vehicles.

Read more: www.autosafety.org/…deadly-practice-renting-defective-vehicles

Read the petition filed by CAS and CARS: PDF file

C.A.R.S. Mission

CARS is a national, award-winning, non-profit auto safety and consumer advocacy organization working to save lives, prevent injuries, and protect consumers from
auto-related fraud and abuse.
“CARS is one of the most consistently strong consumer groups… Consumers can thank
CARS for today’s lemon laws, air bags and generally safer cars.”
– Clarence Ditlow, Executive Director
Center for Auto Safety, Washington, DC