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Thread: Motability claiming we owe outstanding balance

  1. #1
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    Unhappy Motability claiming we owe outstanding balance

    Hi all,

    My girlfriend had her DLA taken from her in March this year, Motability then got in touch and informed us that they would collect the car we had and gave us an uplift date of around 4 weeks later.

    We went to tribunal recentely and won the award back, indefinately! We were just about to place an order for a new car and Motability have informed us that we owe the balance of the timeframe between DLA taking the reward from us and the uplift date of the car.

    Can they really do this? It just doesn't seem fair! What would have happened to the remaining balance if we were never awarded the DLA again? and it's not exactly our fault that the DWP mistakenly took her award away

    Thanks in advance,

    Gary

  2. #2
    Senior Member Kodiak's Avatar
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    If you had the use of the car for four weeks after your DLA was stopped then then Motability would be one payment short and they would claim this off the person with whom they had the contract with.
    Deep into that darkness peering, long I stood there, wondering, fearing, doubting, dreaming dreams no mortal ever dared to dream before.
    Edgar Allen Poe

  3. #3
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    I understand that, but I don't think it's really fair.

    It's not really our fault that the payments were stopped and it's definately not our fault that Motability took their time to come and uplift the vehicle.

  4. #4
    it might not sound fair, but if you think about it, your payment got stopped from a certain date, then you had the car 4 weeks more, and you one the tribunal and got the backdate, it sounds fair to me (although it would not be if you did not drive it and ignore this) but i am sure i would of having the need for a car for hsp ect i would of still used it.

    The point I am trying to make is you got the backdate to cover that period so pay them simples.

  5. #5
    Senior Member Lighttouch's Avatar
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    Although your girlfriend was awarded 'indefinite DLA' remember that in a few years time she will be asked to apply for PIP mobility as DLA is a benefit that is being phased out.

    All the same well done for winning the tribunal and happy motoring.

  6. #6
    Did Motability make you aware that a charge my apply, if not I would write to both DWP and motability telling them their mistake is costing you money. I've never seen any reference to say a charge will apply if the award is taken away from you, you get some time to get your life in order normally about 4 weeks.

    Had the award not been reinstated then I'm sure no charge would apply, I would take the view that award withdrawn, car taken away end of matter, award given, new car ordered, new contract life carries on!

    If DWP have paid you a backdated payment for those 4 weeks then clearly you owe that money to Motability, you can;t have the cash and the car!

  7. #7
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    All sorted now, we paid the money.

    I understand that the money was owed to Motability from DWP payments, but the car wasn't being used at the time, hence my annoyance.

    anyway, new car ordered - we should have our new Seat Leon by December

    Thanks for all advice

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