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what would happen if my motability car was late back after lease end date?

SystemSystem Posts: 475 Scope community team
This discussion was created from comments split from: Motability.

Replies

  • speedyslothspeedysloth Member Posts: 1 Listener
    Hiya guys 
    I'm trying to find out what would happen if my motability car was late back after lease end date & wondered if any of you lovely peeps might be able to help ?

    Basically I'm holding my breath as going through my mandatory reconsideration & have been given an extended date of 10th oct . Ive just realised that we're due to be several hundred miles away at my Great Aunties 100 th celebration coming home on the 11th oct 

    Does anyone know what happens in this senario ? Assuming  the worst & I don't win the reconsideration 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,680 Disability Gamechanger
    Hi @speedysloth and a very warm welcome to the community! I hope someone on the community is able to advise you on this.

    Have you rung motability and asked for an extension on the lease?
    Community Partner
    Scope

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  • poppy123456poppy123456 Community champion Posts: 22,179 Disability Gamechanger
    Hi,

    You will need to ring motability to ask and they will be able to help you. Do be aware that most MR decisions remain the same, so you'll very likely have to take it to Tribunal. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • exdvrexdvr Member Posts: 312 Pioneering

    Hi @speedysloth....love that username! 

      I would think that it goes without saying that without permission from Motability you would be in serious trouble, not the least of which would be that you would have no insurance.  Add that to driving without the owner's consent and it's a high-risk game to play.   Please save yourself the hassle by sorting this out ASAP and possibly giving yourself time to formulate a Plan B.

      It could probably be sorted in 5 minutes over the telephone.

    Best wishes.

    DLTBGYD

  • david235david235 Member Posts: 170 Pioneering
    As others have said, @speedysloth , you must make sure you agree a further extension with Motability or return the car. Failure to do so will likely result in them removing the insurance cover and reporting the vehicle as stolen, which puts you in the position that @exdvr says - if caught the driver will likely be ticketed or prosecuted for driving without insurance, also the driver could be found guilty of driving a motor vehicle taken without authority contrary to section 12 of the Theft Act 1968. Any passenger in the vehicle who knew the vehicle had been taken without authority is also potentially guilty of an offence under the same section, though it is difficult to see how the prosecution could prove the passenger's knowledge of the vehicle having been taken without consent beyond reasonable doubt in the circumstances.

    The bigger picture is that failure to return the vehicle as required by Motability potentially could see you banned from the Motability scheme. There is no absolute right to use the Motability scheme merely because you have a qualifying benefit; Motability can and do take action against those abusing the scheme. They could take the view that having agreed an extension, you were on notice that you needed to return the car on or before the extended deadline and that not doing so was a deliberate abuse of the scheme.

    Insurers including, I believe, Motability's insurers typically take a very dim view of covering any driver with a "no insurance" conviction. You cannot drive a Motability car if Motability's insurers refuse to cover you - it is a condition of the scheme that Motability cars are only driven on their insurance. If you can get insurance on a privately owned or leased vehicle with a "no insurance" conviction then it will likely be very expensive.


    Hopefully you can arrange a further extension with Motability - but they only have limited discretion in cases where you are not (currently) in receipt of a qualifying benefit. As @exdvr says, a Plan B would be a good idea in case Motability say they are unable to extend further discretion.

    If you cannot arrange a further extension with Motability, I would consider hiring a car - but make sure that you declare the intended mileage when obtaining quotes. Being "several hundred miles away from home" might exceed the standard daily mileage allowance of at least some hire car companies.


    I hope that something gets sorted out. The ideal would be that your reconsideration succeeded before the proposed trip - though as @poppy123456 says, the success rate at reconsideration is fairly low.
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