Motobility refusing to lease car

GiffGaff83 · January 26

Wondering if anyone can help with this. My son's car lease is up next month but motobility are refusing another car.

Have raised a dispute with ombudsman last year but still waiting for a case handler to be assigned, he had catastrophic engine failure and the car required a new engine, he had it serviced 8 months before it failed but they're arguing as it went over 10000 miles the warranty was void and he's liable, my argument is where did the oil go (it had none in engine), why didn't the oil warning light come on? Why didn't the service light come on to remind him it needed service? And he did in fact take it for a service but the garage couldn't guarantee it back in time so advised him to rebook it in but the engine blew. Motobility aren't interested and are passing the costs to him and have said he has to pay £4000 or he can't have another car.

He has a clean license, he's obviously been awarded the top mobility element of pip, he has no way of raising £4000, nor can he afford to go and buy a car and surely shouldn't be left without transport whilst it's awaiting investigating. Can motobility do this? What can we do as this is going to have a devastating impact on him. Tbh I'm not impressed with motobility they tried hitting him with another £700 bill for a rental whilst his engine was being repaired but that got written off as legally they couldn't charge it. I'm just concerned with him loosing access to a car as that's his lifeline.

Chris75_ · January 26

Motability customers can do 20,000 miles per annum, according to the Motability site. What exactly was the concern about exceeding 10,000? Are we talking about the warranty with the manufacturer? I can't see how that is anything to do with the Motability customer.

I can only assume that if they are out of pocket to the manufacturer or dealership, whatever, they are trying to recoup the money from you. It seems harsh to me, but I suppose they can refuse anyone if they choose.

OverlyAnxious · January 27

Hi,

The main problem here is with the vehicle manufacturer. Is that who your Ombudsman case is against?

To answer the questions: Most cars do not have an oil level light even now, they only have an oil pressure light. By the time that one comes on the engine is usually wrecked anyway. (There won't have been no oil left at all - that's a common exaggeration from dealership mechanics). It is the owners responsibility to check the oil level regularly.

Many cars do not have service reminders on the dash. The service intervals can be found on your Motability Portal. It is the drivers responsibility to keep up with those. And while it's annoying that the dealership didn't have availability to service within the allowed interval, that is not the fault of the manufacturer or Motability. The driver made the choice to continue driving the car. That will void the warranty with the manufacturer.

Unfortunately I can see how this is classed as misuse or neglect by Motability, as they will not be able to get the vehicle repaired under manufacturer warranty and will be out of pocket themselves. This will be classed as a debt owed by the leaseholder. Motability won't allow another lease while the debt is owed.

Motability are not responsible for making sure a claimant has continued vehicle access once the lease ends. The Motability scheme is a perk of Enhanced PIP, it is not a legal right.

This is an awful situation and I am sorry you're facing it. But really the only option you have now is to seek professional legal advice. As far as I can tell, you would need to get the manufacturer to accept there was an unexpected vehicle defect which caused the engine failure, and it wasn't a result of driver neglect. The money you get from the manufacturer can then be paid to Motability to clear the debt owed to them.

Mary_Scope · January 27

Hi @GiffGaff83 and a warm welcome to the community from me!

Sorry to hear this, this sounds like a very stressful situation for both you and your son.

While you wait for a case handler, it may be worth reaching out to your local MP as they may be able to help move things along a bit quicker

MW123 · January 27

@GiffGaff83

When you say you raised a dispute with “the Ombudsman” last year, was that with The Motor Ombudsman or the Financial Ombudsman Service?

The Motor Ombudsman only deals with the car itself, the garage, the servicing, the warranty and the manufacturer. They can look at whether the dealership serviced it properly or whether the engine failure should have been covered under warranty, but they have no power to change or remove the four thousand pounds that Motability Operations has added to your son’s account. Even if they found in your favour, it would not alter the recharge or his ability to get another car.

The Financial Ombudsman Service is the one that deals with the lease agreement and whether Motability is acting fairly by recharging him £4,000 and then refusing a new vehicle until it is paid. If you believe the recharge is unfair, this is the Ombudsman you need, because they can look at the financial side and require Motability to put things right if they decide the charge was not handled fairly.

Regarding the new car, the advice you have been given is unfortunately correct. Motability is effectively a finance provider, and as long as they consider your son liable for the four thousand pounds, they treat it as a breach of the previous lease. They are not obliged to offer a new vehicle while that amount remains outstanding. The best route forward is to pursue the Financial Ombudsman Service, because if they decide the recharge is unfair, Motability would then have to adjust or remove the amount and reconsider his access to the scheme.

Motobility refusing to lease car

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