Motability Unfair Contract terms ?

Duffers

 I write to ask your opinion on a contract to enter the Motability scheme for disabled drivers. I began such a scheme in February 2024 and paid £2700.00 to obtain a higher specification KIA Sportage on a three -year leaseI was delighted with the car and the service from RRG Bury.A couple of weeks ago I was stopped by the Police and my car was impounded in a Manchester garage. The allegation being that my licence had expired.

This was later withdrawn due to an oversight by the DVLA and the charge dropped with a full apology by Greater Manchester Police.

  As previously mentioned, the car was in a local garage so, within 48 hours of my arrest my Wife and I went to retrieve our vehicle, her with her driving documents so that she could drive home.The garage then reported that earlier that morning a representative/s from, Motability had reclaimed my vehicle and driven it to Bristol.We arrived home and in the mail was the most aggressive letter vaguely explaining that I had contravened some clause in the contract and that sanctions had been or where to be   imposed and if I did not contact them further penalties would apply.I telephoned Motabilty immediately and explained that I was spoken to about this minor detail by two Police officers, one of whom disagreed with his colleague, stating that the section 88 document I provided was the correct paperwork and that I was wrongfully arrested, This eventually proved to be the case, but during  our conversation, I put this scenario to the lady at Motability, who replied with “ That couldn’t possibly happen, the Police know what they are doing.”The Police telephoned me to confirm there had been a mistake and I withdrew my complaint a gesture of good will.Yesterday, I received an invoice for the “ Recovery” of my vehicle for £540.00. This being akin to paying for your own vehicle to be stolen

.A vehicle that I have been deprived the use of, whilst still paying for since June 26th.I have telephoned Motability and they have confirmed that they are not under any circumstances prepared to return my vehicle, and that they are expecting me to pay the £540.00 for them to have driven the car from Manchester to Bristol.Having sought some initial legal advice I’m not sure if I should begin the small claims process against them or wait to defend the none payment of the £540.00 reclamation invoice? Either way it’s going to cost me time and probably money, but what really annoyed me was their pompous attitude and dictatorial manner.

Kind Regards.
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ChrisR777

Do you have a short term restricted licence? I get mine renewed every 3 years, and the DVLA send a covering letter stating I can continue to drive whilst any medical enquiries are made, even if the licence expires. I have never had much faith in that assertion.

Rachel_Scope

@Duffers I'm so sorry you went through this, it must have been so stressful. I'm glad the police apologised although it shouldn't have happened in the first place. Motabilitys attitude is disappointing. I can understand them sending out a standard letter as they would assume that because the police had impounded the car, a breach of contract had occurred. However, after you explained the mistake I would have hoped they would be more understanding.

We can't offer legal advice here I'm afraid so I can't advise on what you should do. Have you spoken to multiple people at Motability and asked for someone in a more senior position? Sometimes it helps if you talk to the 'right' person who will be more keen to help.