dla review flawed advice required @ motability car

Hi,

Generally Motability let customers who have a car on lease and are appealing an adverse DLA decision, keep the car either until the appeal or for six months (it seems whichever was/is the shorter).

If the Motability customer won the appeal then the DLA HRM 'back pay' would go to Motability to make up the payments from the period whilst the appeal was ongoing.

If the Motability Customer lost the appeal, then Motability took the financial hit on the chin and more or less immediately repossessed the car.

In any case the keeping of the car whilst appealing was/is subject to a form of 'means test' in that if the claimant could afford to maintain the payments, then they were expected to maintain the payments.

It is/was technically a breach of the leasing agreement if payment was not maintained whilst appealing but Motability did take a pragmatic view on this, and did let customers retain the car as stated above.

I have however heard on the grape vine recently that Motability may in future take a more robust stance in order to minimise their losses. Bearing in mind Motability Operations are owned by a consortium of Banks, it is really no surprise.

Like other posters I do empathise and sympathise with the situation you are in but you are really in the hands of Motability.

However, if you can afford some form of payment would returning the Motability car and buying a cheap run around be an option? If that is the case it maybe possible to get Motability to return a pro-rata payment of your original Advance Payment which you could use towards a runaround?

Pete

thanks for your replies and sorry about duplicate posts. 1st time user! my problems are caused by the fact that my dla renewal was not received by them in the post and the online renewal was archived as incomplete due to a flaw in their system which their esystems team are aware of. i also think that i can legally challenge their review process as it did not include the updated medical info they said they would obtain. ive got no problems with going to appeal or any medical examination but i feel its the review process which is flawed and that my case should be properly reviewd and not appealed? the welfare rights guy collating my medical info has said that this will be part of my appeal. i am already a carer for a terminally ill person but the care i give is verbal and attending to their shopping and financial affairs. i dont do anything to physically care for their person, just help and motivate them to do what they can for themselves. as i live with them a great deal of time to provide this care, this is why i myself have changed doctor surgeries.


it is my dealings with dla and motability and the stress which has been caused which have more than likely aggravated my rheumatoid arthritis which has changed me from qualifying from the lowest level of care to now requiring the highest level of care for myself. i can type ( previously high speed touch typist writer) now in huge pain, but advised to keep typing in order to retain the limited ability i have to move my fingers and wrists. i cant dress myself or make any food. i cant lie down to sleep and have spent the last 4 months upright sleeping for 20 mins to 1hr and this all since the problems with my claim began.


it could be purely co-incidence but i believe that the stress has made my care needs so extreme. if i thought i had to live with this pain in my hands every minute of every day for life i would seriously consider chopping them off myself.

earthspirit wrote:

thanks for your replies and sorry about duplicate posts. 1st time user! my problems are caused by the fact that my dla renewal was not received by them in the post and the online renewal was archived as incomplete due to a flaw in their system which their esystems team are aware of. i also think that i can legally challenge their review process as it did not include the updated medical info they said they would obtain. ive got no problems with going to appeal or any medical examination but i feel its the review process which is flawed and that my case should be properly reviewd and not appealed? the welfare rights guy collating my medical info has said that this will be part of my appeal. i am already a carer for a terminally ill person but the care i give is verbal and attending to their shopping and financial affairs. i dont do anything to physically care for their person, just help and motivate them to do what they can for themselves. as i live with them a great deal of time to provide this care, this is why i myself have changed doctor surgeries.


it is my dealings with dla and motability and the stress which has been caused which have more than likely aggravated my rheumatoid arthritis which has changed me from qualifying from the lowest level of care to now requiring the highest level of care for myself. i can type ( previously high speed touch typist writer) now in huge pain, but advised to keep typing in order to retain the limited ability i have to move my fingers and wrists. i cant dress myself or make any food. i cant lie down to sleep and have spent the last 4 months upright sleeping for 20 mins to 1hr and this all since the problems with my claim began.


it could be purely co-incidence but i believe that the stress has made my care needs so extreme. if i thought i had to live with this pain in my hands every minute of every day for life i would seriously consider chopping them off myself.

Hi,

As part of the appeal process your claim will be reviewed by a different Decision Maker to see if their original decision was correct based on the evidence they have.

Sadly you cannot compel to take into account any evidence you submit. They may prefer different evidence to use.

If, on review, they believe they cannot chance their original decision, then the way to challenge it is by the Appeal Tribunal route.

As you say you have a Welfare Rights Chap helping you, he should have access to all your case papers etc and is in a better position to advise you, as without sight of such papers, and our forum remit is only to give general advice and we cannot under any circumstances deal with individual cases.

Keeping your welfare rights adviser fully upto date and having face to face meetings with him and hopefully representation by him at the tribunal should help increase your chances of overturning the adverse result.

Pete

We cannot give advice on individual cases. Moderators and members have given as much advice as possible, plus you are being helped by a welfare rights adviser.

Therefore I'm locking this thread.