Possible fraud by my mother/brother with a Mobility car

playaz

Hi everyone,

I know this is a bit of a 'sore-topic' for some people and I only want some advice on the matter, so here goes..

Earlier this year my brother in my view 'coerced' my mother to sign up to a brand new car using the Mobility scheme. When I found out I was a little unhappy due to the nature of this being a brand new Mercedes (the car retails at £24k) and the fact that he has a history of doing things of this nature to benefit himself (not to mention he already owns another car).

As my mother doesn't have a license she is unable to drive this herself, she uses the car only at the weekend when he drops her to church and maybe does the small weekly shop. I'm told this costs around £56 per week that is taken from her PIP payments and that the contract is a 3 year lease.

I am somewhat annoyed for a few reasons...

1) The car agreement clearly states the named driver must live within a certain radius (5 miles if I remember correctly) from the claimant. My brother lives around 6-7 miles (so outside the limit) and more importantly on the original documents he has stated he lives at my mothers address. This is simply not true (and this can be validated). Therefore this in my view is fraud - my mother is elderly and wouldn't really fully understand the documents that she is signing.

2) The car itself stays at his properly 24/7 - this address is outside the limit, and it makes it more annoying as both myself and my sister actually do live within the 5 mile limit and would be better suited. I have already stated I want nothing to do with the car as I already own a car and am more than happy using my existing car that gets me from A-B even if it isn't quite the sexiest car on the street. He has told us only he can be on the named drivers which I have confirmed is a lie - two people maybe allowed to use the car. My sister has already stated she would be happy to put her name down and she lives up the road from my mother so would be ideal.

3) The 3 year is a long time in my view.... my mother would actually be better off getting a taxi to and from her destination each week. Based on my estimates getting a taxi to and from church once a week, and to and from her local supermarket wouldn't cost anywhere near to the £56 currently being taken out for the car. So in a financial sense she is better off using taxis as that is what she would've have used prior to using the Mobility scheme.

4) Unrelated but he has tried to in recent years take out loans in her name (£6.5k), stolen money from her debit card to name a few things... but she continues to trust him for some reason (why I'll never know).

I love my mother dearly but for the life cannot understand why she has been given such a high PIP payments, while she won't be running the London Marathon anytime soon to me she seems to be in what I would consider a 'normal' overall health for someone of her age. I just feel annoyed that my brother seems to taking advantage of the situation.

My main concern is my mother, my brother has been in and out of Jail and wouldn't care if he ever got banged up, but my mother is elderly and cannot deal with the stress or hassle of any potential investigation so i'm kinda in a 'Catch 22' situation.

I could ignore this and simply let my brother continue to abuse this 'charity' and drive around in a free car or I could contact the relevant authorities and potentially get my mother into trouble and maybe lose some of her PIP payments.

I know its a not simple situation but what does everyone think and what would you do in the same situation?

P.S Please ask me any questions at all if it will give you a better insight into it all. :-)

P.P.S I've been recommended twice to move this into a more relevant category so apologies if you have read this already once today :-)
:beer:

oldhand

Well you do have a predicament,the fact your brother lives a couple of miles outside the limit is not really a problem as motability would not expect a few miles to make a difference.More relevant would be the fact he keeps the car 24/7 for what is clearly his own use.Sadly his type of actions (getting the most expensive car he can)is what gets genuine disabled people such a bad name.
The car should only be used for the benefit of the person on the lease ie your mother so yes if that is the case motability should be informed.Your mother will certainly not get into trouble and im sure the £56 a week would be better off in her purse than in a piece of expensive metal sitting at her sons door.
As an aside he sounds like the sort who would think nothing of using your mother for his own ends,if your mother owns her house make sure he does not try to take out a secured loan on it........,

Owain_Moneysaver

The mileage limit, and the address given on the form, may be related to insurance status. The named driver living outside the limit or falsely declaring an address may mean he is driving uninsured, and your mother as keeper of the vehicle might also be prosecuted for permitting this.

playaz

He is insured (although has been banned before for multiple reasons I won't go into now), but as you stated as it is her name she maybe liable if prosecuted. She gets worried just looking at copper...

I know its beyond the scope of this forum but worst case scenario... I presume a fine? I have no idea but she has no previous (she is a god-fearing christian lol) and certainly isn't a bad person she just takes bad advice.

robbies_gal

but on the insurance hes stating he lives with your mother which is false

oldhand

playaz wrote: »

He is insured (although has been banned before for multiple reasons I won't go into now), but as you stated as it is her name she maybe liable if prosecuted. She gets worried just looking at copper...

I know its beyond the scope of this forum but worst case scenario... I presume a fine? I have no idea but she has no previous (she is a god-fearing christian lol) and certainly isn't a bad person she just takes bad advice.

Are motability aware he has been banned multiple times? Im not at all sure how they treat that if he is a named driver,I know you need to produce your license to the dealer dealing with the new car if you want to be a named driver,if he has somehow lied to them he will be driving without insurance.

playaz

oldhand wrote: »

Are motability aware he has been banned multiple times? Im not at all sure how they treat that if he is a named driver,I know you need to produce your license to the dealer dealing with the new car if you want to be a named driver,if he has somehow lied to them he will be driving without insurance.

He was banned some years ago so had to do the 'advanced' driving test or whatever it is they call it - if he was banned in the last 10 years would this be a potential stumbling block for someone using this scheme?

I'm not aware if Motability know he was banned - I just presumed that they would get this info from background checks etc.. He has a valid license now however just to clarify.

playaz

Noble_Viking wrote: »

You are clearly in a tricky situation and need to weigh up the pros and cons of reporting him. Your mother is at a risk of being prosecuted for abusing the scheme by signing paperwork even if she was coerced in to it.

In all honesty from what you say he's clearly bagged a Mercedes solely for his own benefit and needs.

You are indeed correct - my concern is for her more than anything I am just worried of the ramifications for herself and her disability payments. If this went against her would she lose money, receive a substantial fine or penalty?

sheramber

If it is found at a later date the consequences may be worse.

robbies_gal

bet that u maybe warn him give him a chance to take his name off the car then if he doesnt go to motability explaining your mother had nothing to do with the fraud

molerat

http://elderabuse.org.uk/helpline/