Hi all,

Had a call this morning on our advice line with a problem regarding Motability. It may be quite a common problem, but it's one I have had little experience of dealing with.

Client had HRM and MRC on an indefinite award. He was getting a Motability car through his HRM. DLA came up for review, and all of it was lost. He has appealed this, and we're relatively hopeful of winning appeal or even on reconsideration, but it's gonna take a while.

His motability was covered by DLA up to the start of February, and he has been able to pay for another month himself. But he is unable to continue payments after that. Motability have informed him that if he is unable to continue payment he can either: hand over the car and cancel the agreement; they can take proceedings to recover the car themselves, or he can apply to the court who may make an order that he can keep it. This last option, I'm not familiar with.

Anyone know any more about this, or what other options may be open to us?

Very grateful for any help,

Lee

On 2 occassions this has happened to my clients,we have got the MP too intervene and both clients were allowed too keep their cars pending the outcome of the appeal, which were both successful.

I've posted this before - I hope it still applies (the link is still there):

Have a look at:
http://www.parliament.the-stationery-office.co.uk/pa/cm199899/cmselect/cmsocsec/63/8120202.htm

where it states, at paragraph 5, that:

'Also from 5 May 1998, Motability's Governors introduced arrangements that allow Motability to offer customers the continued use of their Motability car pending the outcome of the review of the decision to remove the higher rate mobility component.'

I hope this helps.

Cheers for the help guys. I think the 1998 changes that Kurt referred to have already been applied in this case. He has been informed that he can retain the car while appealing, but he is unable to maintain the payments himself. We could always advise him to try to continue the payments, and then any backdated DLA would cover that, but that's essentially betting on getting the DLA back, and no matter how strong the case, I'm reluctant to ever advise a client to incur debt on the basis of hopefully getting his DLA back.

The local MP is a useful idea, and may be worth a try.

Thanks again,

Lee

Just to confirm after MPs involvement the motabilty scheme continued to pay for the car not the client.