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Motability and withdrawal of DLA higher rate

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Hi,
Theoretical question:
Anyone had experience of losing their DLA care componant and what Motability do?

The Hire Agreement says "If the hirer ceases to receive the Allowance because they no longer qualify for it, the rental installments must still be paid" which implies you can keep the car and pay for it yourself.

But the Terms and Conditions say: "We may terminate this agreement if...you...cease to be entitled to receive an allowance....."
which implies a discretionary decision by Motability as to whether to let you keep the car (and pay for it) or lose the car with a) some potentially onerus costs (they try to sell it and charge for shortfalls) as well as inconvenience.

Anyone had experience?

Comments

  • C.C.L.
    C.C.L. Posts: 396 Forumite
    Part of the Furniture 100 Posts
    It's the mobility part of the DLA that entitles you to a motability car, not the care component.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    C.C.L. wrote: »
    It's the mobility part of the DLA that entitles you to a motability car, not the care component.

    Thanks. Substitute mobility for care.

    Same question.
  • nee24
    nee24 Posts: 39 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 23 May 2011 at 7:39PM
    text text oos
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Thanks Nee - are you speaking from experience or basing this on the rather contradictory contract? Have you taken over payments for a M car?
  • C.C.L.
    C.C.L. Posts: 396 Forumite
    Part of the Furniture 100 Posts
    I know of 2 different cases that don't quite answer your question, but are in the same vein.
    One was a lady I know who was on DLA and she didn't drive, her husband was the named driver. He passed away and they let her send the car back and she wasn't charged for it. This was about 2 years ago.
    The other was someone who worked with my daughter, and lost his DLA, he was about 18 months into the agreement. Shortly after he lost his job, and could not afford to keep up the motability payments so had no option but to contact them and explain, and was told that he had entered in to a contract and would be expected to pay the weekly rate. He took the car back to the dealer and left it there about 3 months ago, and is still waiting for them to get in touch.
    I really don't know the ins & outs of the motability scheme but I would imagine they have to deal with these situations on a regular basis.
  • I am currently going through something like this with mine and it's baffling agreements.

    My mobility part stopped in Feb this year and the appeal is still on going *rolls eyes lol*. Although they know I have the car they've dragged it on and on.

    The terms or whatever it is, says that you can only have the car while you receive the high mobility element.

    But the motability section said I could keep driving the car for a maximum of 6 months "as long as I was appealing the decision and going through all that malarky". Then if or when I got it reinstated, I would have to pay back the arrears for the time I've had the car to the company while it was being looked at.
    But then on the other hand it says something about that as it's a registered charity it helps to keep people mobile for an extra 6 months before the car is taken back, as the company has a set amount of funds for each person to cover keeping mobile for an extra 6 months without payment or something.

    It's all baffling and hope someone can answer your Q's who knows more about it.
    O
  • Zara33
    Zara33 Posts: 5,441 Forumite
    1,000 Posts
    G_M wrote: »
    Hi,
    Theoretical question:
    Anyone had experience of losing their DLA care componant and what Motability do?

    The Hire Agreement says "If the hirer ceases to receive the Allowance because they no longer qualify for it, the rental installments must still be paid" which implies you can keep the car and pay for it yourself.

    But the Terms and Conditions say: "We may terminate this agreement if...you...cease to be entitled to receive an allowance....."
    which implies a discretionary decision by Motability as to whether to let you keep the car (and pay for it) or lose the car with a) some potentially onerus costs (they try to sell it and charge for shortfalls) as well as inconvenience.

    Anyone had experience?
    Speaking from experience, when I lost high motability DLA for my son I had to either buy the car from the dealership or they took it back where it either went to auction or they could sell it on.
    Hit the snitch button!
    member #1 of the official warning clique.
    :D:j:D
    Feel the love baby!
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