I've had my case adjourned but I can't keep my car

Funkimunki17

I went to the tribunal hearing today and sadly  it was adjourned due to lack of medical evidence and also that they wanted to get in touch with the DWP to find out why I was put on the enhanced rate of mobility. But motability aren't willing to help me out to keep my car, so I don't know what to do?

twonker

Unfortunately Motability have the right to repossess the car if the payments are no longer being made.
I am surprised that Motability have given you a lot of leeway already after the original decision made by the DWP refused you enhanced mobility. Should you win at the appeal hearing then you can go and choose another car.

Funkimunki17

I'm not very happy at the fact that they've allowed me to have the car for the last 12 months but now that my case has been adjourned they can't do anything more for me.

twonker

Funkimunki17 said:

I'm not very happy at the fact that they've allowed me to have the car for the last 12 months but now that my case has been adjourned they can't do anything more for me.

You were indeed extremely fortunate that they allowed you to keep the car for the last 12 months. Most Motability cars go back within weeks of the decision notice. Many claimants actually return their cars the same day that the decision notice is received. The car belongs to Motability and if no payments are being made to them then they would want the car to be sold.

Look at it another way if you had a private HP finance deal on the car you would find a car transporter taking the car away if you failed to pay more than one payment to the finance company. 

Sometimes it is better to have your own car, pay your own finance and that way it will not be removed.

poppy123456

Hi,

I'm sorry to hear this. Sometimes Tribunal hearings are adjourned if there's not enough evidence for them to make a decision.

Unfortunately, you will have to return your car. If the Tribunal award you Enhanced mobility then you will be able to order a new mobility car. Hopefully you won't be waiting much longer.

CockneyRebel

Hi @Funkimunki17

Do you receive any mobility payment at the moment ?

We had a member recently who had their award reduced to standard but retained the car until tribunal. Enhanced was reinstated but then motorbility wanted not only the backdated difference but all the standard rate that had been paid into their account which had been used. So, not wanting to worry you but be aware of this

Funkimunki17

I'm not sure if I have been dropped down to the standard rate of mobility, but as far as motability are concerned they've not been paid for the last 12 months so I guess that i haven't heard of anything like that

poppy123456

What payments have you been receiving from PIP in the past twelve months? I'm actually very surprised motability have allowed you to continue to keep your car for this length of time without an award.

Funkimunki17

Apparently it was a good will gesture until I actually got my tribunal hearing date. Which took place yesterday but it was adjourned due to lack of medical evidence and also they wanted to get in touch with the DWP to find out why I was put on the enhanced rate of mobility in the first place when it was DLA

twonker

Funkimunki17 said:

Apparently it was a good will gesture until I actually got my tribunal hearing date. Which took place yesterday but it was adjourned due to lack of medical evidence and also they wanted to get in touch with the DWP to find out why I was put on the enhanced rate of mobility in the first place when it was DLA

High rate for mobility under DLA meant that you could not walk more than 50 metres
Enhanced rate mobility under PIP you cannot walk more than 20 metres.

So those that claimed DLA and stated that they could walk up to 50 metres and no further will have to show that their walking has deteriorated considerably if they are intending to rely on the previous DLA award to get the equivalent under PIP.