Hi

I have a client who was getting the high rate of the mobility component, which he used for a motability car. He lost the mobility on review in February this year, and he appealed against this decision. The garage allowed him to keep the car, but told him that if the appeal was unsuccessful he'd have to pay the rental from Feb. However his lease agreement runs out in December, and they've told him that the car will have to be returned at that point.

Meanwhile his appeal was scheduled for November, but then adjorned for further evidence. It could be a while before its heard again.

Is there any way that his motability agreement can be extended, and anyway he can avoid paying the rental if his appeal is unsuccessful?

Thanks

I was told by a Motability customer services advisor that clients were allowed to keep their cars while an appeal was pending and that if the appeal was lost they would still not be charged for the period. Obviously if the appeal is won then they get all the money from the DWP. I think taking back cars and then having to return them again would just be more costly. I think it is not unreasonable to expect the car to be returned at the end of the lease in Dec and to refuse a new agreement while the HRM is still in dispute - am I being mean?
PS I have done a number of appeals in this situation and clients have not been charged for the car if it was unsuccessful - although they did req the cars to be returned very promptly. Where they would be charged would be for the period after the lost appeal if they hung on to the car and didn't let Motabillity know the outcome

The problem you have is the garage agreed to allow them to keep the car not motability, as motability pay the bill, we have had success in the past where the MP has intervened and motability agreed to sanction payment whilst appeal sorted.