New car ordered, but isn't to spec

boots_babe

Hi,

Very long story short, my mum ordered her new disability car under the Motability scheme. Her main requirement was a leg rest in the car, (as she cannot bend her knee at all).

She ordered the car via the Motability designated Citroen garage, checked and double checked the spec, even followed up via email to confirm leg rest included. She paid over £2k extra to have the model and spec that included the leg rest.

2 weeks ago car arrived, but it has no leg rest. The garage hadn't noticed and in fact had lied to say they had checked the leg rest on delivery!!

Garage are refusing to help, saying she must pay almost £2k MORE (so almost £4k in total for this leg rest), as the price has now gone up.

Clearly she can't/won't pay more. I've checked the contract, it 100% clearly had the correct spec for the leg rest, and there is a separate line item for the additional payment for this.

Garage are not helping, insisting she must pay the extra.

Given that she has a contract, signed, and fully paid for, surely the garage don't have a leg to stand on here?

Any advice gratefully received. My mum cannot afford any extra (it was already going to be a huge stretch for her), but without the leg rest she will be unable to use the car and hence will be stuck at home.

Many thanks.

forgotmyname

Did she reject as the car as unsuitable/not as ordered or did she take delivery?

boots_babe

As stupid as it sounds, the salesman said he was in a rush and didn't show her around the car, and mum didn't think to check (I know!!).

They realised 10 mins after driving the car away. Straight away took it back and garage gave them their old Motability car back. Garage have admitted full liability on several occasions BUT still insist despite it being their fault, that they must pay the extra fee.

waamo

Where is the car now? Is she using it or is it sat at the dealers?

boots_babe

The new car is with the dealer, apart from the initial 10 minute drive, that's where it has always been.

Mum has got her old car back for now. Motability are aware for insurance etc.

waamo

Does it have to be a Citroen? I would be inclined to tell them to stick it and get one from somewhere else if you can.

boots_babe

Unfortunately yes, that's the only Motability car which has a legrest option. Otherwise I'd definitely agree with you.

They can't even go to an alternative Citroën garage, as they can only use the one specified by Motability.

waamo

Have you involved Motobility in this? They might be able to help resolve this.

boots_babe

She has (finally) told Motability, but they have said it's a contract between her and the garage.

Initially she wouldn't tell Motability, as the salesman put pressure on her not too, said he would lose his job 'please don't tell them'. So it was almost 2 weeks before she did tell Motability, despite me trying to persuade her it was the right thing to do, mum didn't want to 'get him into trouble'.

There is lots more to this story that I've not mentioned as I didn't want to write war and peace, but the salesman have lied multiple times, and messed mum around a lot through all this.

Angus_Og

boots_babe wrote: »

She has (finally) told Motability, but they have said it's a contract between her and the garage.

Do Motability not finance this? (I don't know anything about motability)

But I assume they do therefore surely they are jointly liable?

boots_babe

My mum receives a disability benefit payment as she's in a wheelchair. But you can choose to forgoe the cash payment, and instead put it towards a car.

Which is where Motability comes in. So Motability themselves don't finance the car, they just administer the scheme, and the scheme will use the government's benefit payment. If that makes sense.