Group legal action against Motability

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  • #353490
    Joe
    Participant

      Also this journalist is looking to hear from Motability customers. She’s a reporter from the I paper called Alice would like to hear from everybody about the new motability rules and drive smart app on what affect it is going to have on your lives.
      You can either message her or call her on 07852 996413
      Or email her at Alice.lilley@theipaper.com

      #353491
      kdwolf
      Participant

        What legal grounds are you relying on for this proposed class action, beyond your personal feelings being hurt?

        For example, if the claim were that Motability, a scheme dedicated to supporting disabled people, does not allow a prospective customer to test a vehicle fitted with a left-foot accelerator for right-leg amputees, like myself, I would be inclined to support it and even contribute financially, as that could amount to clear discrimination under the Equality Act 2010.

        Sent from a mobile device.
        Apologies for briefness and spelling mistakes.

        Motability Skoda Enyaq SportLine 85x April 2024 (unhappy customer - Ombudsman pending)
        Motability Mazda CX-60 PHEV July 2023 (unhappy customer - early termination on mechanical grounds)
        Motability VW Touran Family Pack May 2019 (happy customer)

        #353492
        Woodpecker
        Participant

          What legal grounds are you relying on for this proposed class action, beyond your personal feelings being hurt? For example, if the claim were that Motability, a scheme dedicated to supporting disabled people, does not allow a prospective customer to test a vehicle fitted with a left-foot accelerator for right-leg amputees, like myself, I would be inclined to support it and even contribute financially, as that could amount to clear discrimination under the Equality Act 2010.

          Maybe you should be directing your questions to the paper in the link.

          It is not up to Joe to answer your grievances.

          Ask the paper.

          #353493
          joss
          Moderator

            Disability Advocates UK

            Please becarful of filling out this form. It is merely a google form with no identifying of who  Disability Advocates UK are.

            I have ran a serch on the name and can not find anything about them on line. @kezo see if you can find anything about them.

            My advice do not touch until further details can be confirmed.

            Joss
            Current car: BMW X2 sDrive 20i M Sport 5dr Step Auto In metallic Portimão Blue. 04:10:2025
            Previous car:Peugeot 308 GT Premium 1.2 Pure tech Petrol.

            #353494
            kdwolf
            Participant

              Disability Advocates UK

              Please becarful of filling out this form. It is merely a google form with no identifying of who Disability Advocates UK are. I have ran a serch on the name and can not find anything about them on line. @kezo see if you can find anything about them. My advice do not touch until further details can be confirmed.

              I wouldn’t even open this form from the first place – who knows what virus it can have.

              Sent from a mobile device.
              Apologies for briefness and spelling mistakes.

              Motability Skoda Enyaq SportLine 85x April 2024 (unhappy customer - Ombudsman pending)
              Motability Mazda CX-60 PHEV July 2023 (unhappy customer - early termination on mechanical grounds)
              Motability VW Touran Family Pack May 2019 (happy customer)

              #353495
              kdwolf
              Participant

                Is it Advocates or Rights?
                https://find-and-update.company-information.service.gov.uk/company/07314865

                Sent from a mobile device.
                Apologies for briefness and spelling mistakes.

                Motability Skoda Enyaq SportLine 85x April 2024 (unhappy customer - Ombudsman pending)
                Motability Mazda CX-60 PHEV July 2023 (unhappy customer - early termination on mechanical grounds)
                Motability VW Touran Family Pack May 2019 (happy customer)

                #353496
                joss
                Moderator

                  Disability Advocates UK

                  It’s Disability Advocates UK

                  Disability Advocates UK

                  hst is why I run a sandbox for opening such things.

                   

                  Joss
                  Current car: BMW X2 sDrive 20i M Sport 5dr Step Auto In metallic Portimão Blue. 04:10:2025
                  Previous car:Peugeot 308 GT Premium 1.2 Pure tech Petrol.

                  #353497
                  kezo
                  Participant

                    Disability Advocates UK

                    Please becarful of filling out this form. It is merely a google form with no identifying of who Disability Advocates UK are. I have ran a serch on the name and can not find anything about them on line. @kezo see if you can find anything about them. My advice do not touch until further details can be confirmed.

                    I think DPAC is one such organisation behind it.

                    https://www.disabilitynewsservice.com/motability-face-court-action-discriminatory-new-rules/

                     

                    #353502
                    Avatar photoWardyGTC
                    Participant

                      I’m certainly no legal expert but I struggle to find any possible way this could succeed. Motability Operations are a commercial entity that has decided to tweak its business model in response to a change in regulations it has to adhere to. They have given ample notice of the changes and ensured existing leases are not affected.

                      As if you were leasing from any other leasing company and they made changes you were unhappy with, you have the option of taking your business elsewhere.

                      The only two factors that may make any difference is that their customer base and payment method are unique.

                      I’m as unhappy with most of the changes as the next person but I’m trying to look at it from a neutral standpoint.

                      If I seem a little strange, that's because I am.

                      Skoda Karoq SEL.

                      #353503
                      kezo
                      Participant

                        @Joe I would not give any information to the press after they (including The I) slated us.

                        #353504
                        Rene
                        Participant

                          Nah, you’re completely right Wardy. It’s nonsense, much like the argument that was made that a mandatory black box for under 30s is discriminatory and hence, illegal.

                          Don’t know where these kinda views come from, but reality isn’t it. I think it may have to do with people thinking that MB is purely a charity, hence not “a commercial entity”, which is.. well, kinda correct, but wrong.

                          The best way to describe MB as entity (meaning, both Motabilities) would be “a charity subsidised by an commercial subsidiary”. Well. The most accurate, probably not the best. Point being, people think that MB is a charity and that if they make cuts/adjustments, it amounts to discrimination.

                          I assume that is in regards to the black box (i may be entirely off, since nothing anywhere even tries to explain what the potential pursued legal action is supposed to be). Which makes this a non-starter, since even the cited Equality Act 2010 clearly allows for insurers etc to use age to make assessments (and act on it) in regards to risks.

                          There also is no discrimination if it becomes standard for all new leases, while not being mandatory for existing accounts (if it stays like that). The difference here is simply that while it is a “two tier system”, it’s not based on disability but customer/account status (new vs existing).

                          That all said.. Yeah, that link stinks. It’s safe, of course, as all google docs (docs.google.com) are since they already run sandboxed and have absolutely zero way to interact with your PC, but i certainly wouldn’t put any details into a form that looks a little like it’s designed to fish for disabled peoples email-addresses. At least, for now, without a bit more detail on what they’re actually trying to do (and who they are in the first place, that’d help too).

                          Prior: SEAT Ateca Xcellence Lux 1.5 TSI DSG MY19, VW Golf GTE PHEV DSG MY23
                          Current: Hyundai Ioniq 6 Ultimate
                          Next: we'll see what's available in 2028.

                          #353505
                          kezo
                          Participant
                            #353506
                            Rene
                            Participant

                              https://businessquarter.co.uk/motability-changes-face-formal-legal-challenge/

                              That went in another direction than i thought when looking at Joes link, so that’s my bad.

                              That said, while i could see restricted access to “premium brands” etc may be legally dubious, mileage allowance, VAT etc are not.

                              I wish them the best (though looking at current prices, a base model 3 series at 5 digits AP would absolutely change everything for the better), but nah.. I can’t see anything change for the better from this. Sure, give us the premium brands back – or don’t, that’s also cool.

                              The one thing i’d wish for is that MB staff carries their part of the burden, too. I would never wish anything bad upon anyone working at MB, but instead of permanently and almost reflexively reaching into the pockets of the disabled people rather than start working at making the entire company more efficient through streamlining.. It’s kind of hard to swallow paying 25p for a mile extra when i look at the pay package/benefits etc a MB employee gets. As awful as that may sound, there’s no “them and us” – if we go, they go. So the burden should, in my opinion, be shared too.

                              Prior: SEAT Ateca Xcellence Lux 1.5 TSI DSG MY19, VW Golf GTE PHEV DSG MY23
                              Current: Hyundai Ioniq 6 Ultimate
                              Next: we'll see what's available in 2028.

                              #353507
                              Joe
                              Participant

                                I have no idea. The link was shared to me by the lady who runs the Northern Ireland Facebook Motability group and she seemed to think that the action was valid and that the journalist would be helpful.

                                I tend to be a bit too naive and trusting, perhaps the Autism diagnosis has something to do with it, which has got me into issues in the past. So maybe the lady is just being over optimistic, or it is a con.

                                I thought that the links may prove helpful, but I guess not.

                                Looks like we will just have to accept the changes and get on with it, as they expect us to do. Thats seems to be why they pick on the disabled as they see them as weak with no power or voice.

                                Kind of like a predator going for the weakest in the pack.

                                The powers that be are certainly devious, that’s for sure, as they even get those with disabilities to divide and be at each other’s throats.

                                I thought I could do something to help, but I was mistaken. Its probably best for my own wellbeing that I step away now and focus on my life and those close to me while dealing with whatever comes to the best of my ability rather than argue with people on social media or spend my valuable time writing long letters that have no chance of making a difference. Whatever Motability and the government do, I know I still have the choice to not let it destroy me.

                                So I wish everyone the best in what may prove some difficult times ahead and feel grateful that I know some amazing people that show me there is still hope in humanity, despite how cruel the world can seem at times.

                                • This reply was modified 1 day, 3 hours ago by Joe.
                                • This reply was modified 1 day, 3 hours ago by Joe.
                                #353510
                                Joe
                                Participant

                                  https://businessquarter.co.uk/motability-changes-face-formal-legal-challenge/

                                  As awful as that may sound, there’s no “them and us” – if we go, they go. So the burden should, in my opinion, be shared too.

                                  But they know the majority won’t leave and that those that will go will reflect positivly on the government and for those that are attacking the scheme.

                                  It seems they are trying to get the numbers of customers down anyway.

                                  #353514
                                  Woodpecker
                                  Participant

                                    @joe

                                    You did what you did in good faith, and you have nothing to be sorry for.

                                    Do not take the discussion to heart, or think you did something wrong. You certainly did not.

                                    If you post something and it generates a lot of replies, good or bad, its because we are all different, nothing more, nothing less.

                                    But withdrawing from social media is a good thing. I pulled back from that nonsense years ago and do not regret it. This forum is fine in that there is a lot of good info, and discussions, and again we are all different.

                                    Keep your head up, but. Check in niw and again for the useful stuff.

                                     

                                    #353521
                                    Joe
                                    Participant

                                      @joe You did what you did in good faith, and you have nothing to be sorry for. Do not take the discussion to heart, or think you did something wrong. You certainly did not. If you post something and it generates a lot of replies, good or bad, its because we are all different, nothing more, nothing less. But withdrawing from social media is a good thing. I pulled back from that nonsense years ago and do not regret it. This forum is fine in that there is a lot of good info, and discussions, and again we are all different. Keep your head up, but. Check in niw and again for the useful stuff.

                                      Thanks for your kind words. It just feels disheartening when some people try to actually take action and do something about what is an injustive, in my opinion, and all they receive is a load of negativity. Maybe the case that company is taking on is a lost cause, but at least they are trying something.

                                      As far as the policies, personally I can live with them as I tend to do less than 10k per year anyway and I could live with a used car as I did before I was with Motabillity. But to me, it isn’t just about me, I went to a school for children with disabilities when I was a child and I saw the struggles they go through and how they are humans just as much as anyone else.

                                      But all this writing letters and enguaging is taking its toll on me both physically and mentally as focusing for periods of time is one of the things that can adversly affect the physical condition I experience and stress can lead to severe deteriations in my health.

                                      I’m not looking for sympathy or pity as we all have our conditions and struggles and I have learned to accept that I experience what I experience and need to get on with it. On the other hand I also need to look after my own physical and mental health, despite wanting to help, as causing myself a massive relapse doesn’t help anyone.

                                      This isn’t a dig at this forum in particular, just what I am observing in the disabled community and general society.

                                      I read people say they will just leave the scheme then. I feel pleased for them, but what about the people who have no other choice?

                                      And maybe the links I shared are a con, but I haven’t seen any alternatives or possiblities being offered.

                                      But again this isn’t a specific dig at the disabled community or this forum in general, it seems to be the overall consensus in this country now where people sit there behind their keyboards and moan and critise and attack each other, yet few actually offer any solutions or put their heads together and see if there is something that can be done.

                                      And I don’t see much coming from the disabled charities. Why aren’t they doing more to fight this? Or are they more concerned about losing their funding? I would try asking them but I assume all I would receive is more cut and paste patronising replies.

                                      What happened to the British spirit of coming together to stand up to injustices?

                                      To me, this has become no more than a government platitude used to justify yet another measure that punishes the less fortunate for the mistakes of those at the top of society and allows those at the top to continue living the decedent lifestyle, and people just roll over and let it happen and those who offer possible solutions just get shot down.

                                      Again this isn’t a dig at this forum, just what I seem to be obeserving in this country in general.

                                       

                                      #353528
                                      kezo
                                      Participant

                                        I have no idea. The link was shared to me by the lady who runs the Northern Ireland Facebook Motability group and she seemed to think that the action was valid and that the journalist would be helpful.

                                        As @Woodpecker says, you did what you did in good faith, and you have nothing to be sorry for.

                                        I would not expect the leader of a Motability Facebook group to lead you down the garden path with false information.

                                        Besides the google link you provided stacks up with one such organisation (DPAC UK) who are one that has now sought legal advice to see whether these changes are unlawful under the Equality Act.

                                        A legal challenge was also officially launched on or around 9th April under sec149 of the Equality Act 2010, with a Pre-Action Protocol Letter Before Claim has been formally served on HM Treasury in respect of proposed Judicial Review proceedings concerning recent Government policy changes impacting the Motability Scheme.

                                        There also a different take with A proposed judicial review over changes being made outlined in the Business Quarters link above.

                                        You were not wrong to post what you did, as there definately seems to be something going on in the wider network. Whether anything does come from any of them is unsure, but no one on here is solicitor specialising in th the Equality Act and therefore can only assume!

                                        My comment on the I Paper, was purely based on, why give them anything, when the I was as bad as other press in publishing hate and then only to be riddled at in the comments.

                                         

                                         

                                        #353529
                                        on the spectrum
                                        Participant

                                          @joe You did what you did in good faith, and you have nothing to be sorry for. Do not take the discussion to heart, or think you did something wrong. You certainly did not. If you post something and it generates a lot of replies, good or bad, its because we are all different, nothing more, nothing less. But withdrawing from social media is a good thing. I pulled back from that nonsense years ago and do not regret it. This forum is fine in that there is a lot of good info, and discussions, and again we are all different. Keep your head up, but. Check in niw and again for the useful stuff.

                                          Thanks for your kind words. It just feels disheartening when some people try to actually take action and do something about what is an injustive, in my opinion, and all they receive is a load of negativity. Maybe the case that company is taking on is a lost cause, but at least they are trying something. As far as the policies, personally I can live with them as I tend to do less than 10k per year anyway and I could live with a used car as I did before I was with Motabillity. But to me, it isn’t just about me, I went to a school for children with disabilities when I was a child and I saw the struggles they go through and how they are humans just as much as anyone else. But all this writing letters and enguaging is taking its toll on me both physically and mentally as focusing for periods of time is one of the things that can adversly affect the physical condition I experience and stress can lead to severe deteriations in my health. I’m not looking for sympathy or pity as we all have our conditions and struggles and I have learned to accept that I experience what I experience and need to get on with it. On the other hand I also need to look after my own physical and mental health, despite wanting to help, as causing myself a massive relapse doesn’t help anyone. This isn’t a dig at this forum in particular, just what I am observing in the disabled community and general society. I read people say they will just leave the scheme then. I feel pleased for them, but what about the people who have no other choice? And maybe the links I shared are a con, but I haven’t seen any alternatives or possiblities being offered. But again this isn’t a specific dig at the disabled community or this forum in general, it seems to be the overall consensus in this country now where people sit there behind their keyboards and moan and critise and attack each other, yet few actually offer any solutions or put their heads together and see if there is something that can be done. And I don’t see much coming from the disabled charities. Why aren’t they doing more to fight this? Or are they more concerned about losing their funding? I would try asking them but I assume all I would receive is more cut and paste patronising replies. What happened to the British spirit of coming together to stand up to injustices? To me, this has become no more than a government platitude used to justify yet another measure that punishes the less fortunate for the mistakes of those at the top of society and allows those at the top to continue living the decedent lifestyle, and people just roll over and let it happen and those who offer possible solutions just get shot down. Again this isn’t a dig at this forum, just what I seem to be obeserving in this country in general.

                                          You are giving us valuable information and what some say on here are wrong as I won against Motability under reasonable adjustment in having order my car from home and having it delivered they are also breaching equality act in this black box as it now comes to pass you are not able to drive more than an hour at a time which If you have an ev that’s fine as you need to charge there is a breach of EQ with the black box if you have done nothing wrong to warrant it being fitted and it is all about choice disabled are allowed choice it is only helpful it if you can get together and get legal case to take them on.

                                          #353530
                                          on the spectrum
                                          Participant

                                            Joe and others good job DPAC is trying in this contact to Andrew Miller belo

                                            We are appalled at some of the planned restrictions on Motability leases and have written to Andrew Miller the CEO of Motability Operations to ask for clarification.

                                            Dear Mr. Miller,

                                            I am writing to you on behalf of the steering group of Disabled People Against Cuts (DPAC) to seek clarification around some issues and to raise concerns about many of the proposed changes to Motability leases in the future. DPAC is also a member of the Motability Coalition group headed by Transport for All.

                                            Currently we are being inundated with concerns from members and supporters and the levels of fear disabled people are experiencing concerning their loss of independence and ability to get to life saving medical appointments due to the proposed changes is extremely high. I also completely fail to see how some of the Drive Smart red points could work safely in practice.

                                            Many people are rightly concerned that a limit on mileage to 10,000 a year which is 27 miles a day would mean they could not get to medical appointments, keep in touch with family and friends and lead any sort of social life. Particularly for those living in rural locations with no public transport an independent transport lifeline is vital. People with specific disabilities often have to travel to hospitals far away for their treatments and they can’t get the necessary treatments locally.
                                            For those who are able to work, the impact is equally severe. Many disabled people depend on their vehicle to commute, often over longer distances due to limited accessible employment opportunities or transport options. This reduction could force individuals to choose between maintaining employment and staying within mileage limits, effectively pushing some out of work altogether.

                                            The proposed excess mileage charge of 25p per mile further compounds the issue. For those who exceed the reduced limit—which will be unavoidable for many—this could quickly amount to hundreds or even thousands of pounds over the course of a lease. Such costs are simply unaffordable for many disabled people and effectively act as a penalty for living a full and necessary life. It places a price on independence, discouraging people from travelling for work, healthcare, or social connections. Isolation is already a significant issue for many disabled people, and these changes risk deepening that isolation by limiting opportunities to engage with the world beyond the home.

                                             

                                            The other issue that has been flagged up about this arbitrary limit is disabled people working in various roles who due to the equipment they need to take with them eg hoist, shower chairs, oxygen, which is unmanageable by air or train, and who have to drive in Europe to get to their work will be prevented from working.

                                            Drive Smart technology is of particular concern to many people too and we really don’t see how many of the things listed as causing red flags would work. Use of a phone when driving – disabled people like non -disabled people use google maps to navigate and also use google to ask questions pertinent to their journeys. Surely this promotes safety not work against it? How would you envisage not allowing that?
                                            Driving after 10pm would also cause a red flag – Some jobs especially in industries like Television/sports often require people to work at late times. As you ask that people work over 12 hours a week outside the home how could you justify penalising them for doing that if they have to work past 10pm (obviously starting later in the day)?
                                            Further how can any disabled person have a social life, go to the theatre, or cinema if their vehicle can’t be driven after 10pm?

                                            Similarly it appears no-one can drive for over an hour without stopping but realistically if you are e.g. in a traffic jam on the M25 or elsewhere you can’t just suddenly pull over and stop safely. So how could that work in practice?
                                            Driving more than 6 journeys in a day is also it appears not allowed although there must be times people need to do so.
                                            An article in Disability News Service states that if you’ve decided one PA shouldn’t drive the disabled person can ‘simply’ have another PA drive for them which totally ignores the difficulty disabled people have recruiting and retaining PAs or the fact that as the employer you may not simply be able to sack someone and employ another person. It suggests a complete lack of understanding about employing care staff.
                                            Added to all of these issues never knowing whether or not you’re going to have your vehicle repossessed by Motability or have your insurance cancelled by them will be enormously and continually stressful for disabled people and likely to exacerbate any existing Mental and Physical Health issues.
                                             

                                            w.

                                            #353531
                                            des
                                            Participant

                                              Ack Joe there’s no need to step away from anything. I’m the only one who filled it in and I couldn’t give a flying… Hopefully if it’s a con they’ll see my ‘you’re over your overdraft’ (again) and give me a few quid lol.

                                              All my details are on-line as is most people’s and we can do nowt about it. Can’t remember the name of the website that lets you know if you’ve ever been hacked and what information is there. Everything was there including previous addresses.

                                              Times like these we need to stick together as we get it from all angles.

                                              #353533
                                              kezo
                                              Participant

                                                Ack Joe there’s no need to step away from anything. I’m the only one who filled it in and I couldn’t give a flying…

                                                You assume😉

                                                #353535
                                                wmcforum
                                                Which Mobility Car
                                                  #353553
                                                  Joe
                                                  Participant

                                                    Thanks for the comments. Its fine though and a lesson for me on not coming to conclusions or making assumptions. Its always helpful to question as well as there is always the possibility there could be a scam.

                                                    I guess I just got a bit of a shock cause I thought I was just sharing a form that people could either chose to sign or not sign. I didn’t expect some of the comments, but its a lesson on not taking things personally.

                                                    The only details asked for on the form are name and 1st part of postcode, so I guess someone can just use a fake name if they are concerned.

                                                     

                                                     

                                                     

                                                    #353555
                                                    des
                                                    Participant

                                                      Only one on hear I think, or only one to admit it lol

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