Go for it Glos Guy, they seem to have been very inconsistent in enforcing this change. They have altered the terms of the lease contract retrospectively with no notice or publicity.
FURTHER UPDATE. Just come off the phone to Motability. As an aside, getting through was a challenge. First attempt, after waiting ages I registered for a call back and then received a call back very quickly, but it was a dreadful line and the caller sounded like they were working from home and they couldn’t hear me. They ended the call and didn’t attempt it again ?. Second attempt had to wait around 15 minutes to speak to a human (and declined the call back this time) but eventually got through.
I was armed with the wording on our lease, which states that the minimum term is 39 months with an option to extend by 24 months. I was also ready with my challenge that a lease cannot be changed once signed by both parties unless by mutual consent and that there had been no communication from them or request to vary the terms of the agreement.
I politely explained to the very pleasant young lady in the call centre that I would explain my position, but suspected that I would need to make a formal complaint, potentially accompanied with a legal letter, but I needn’t have worried. When I explained that we were really struggling to find a suitable car due to my wife’s deteriorating condition, that I had added a lot of options to our current car in the knowledge that, if there was nothing better available when the 3 years was up, we could extend, and that I was very unhappy that the terms of the lease had changed, the young lady said that they would be prepared to make an exception in our case.
I have received a text to that effect and I’ve logged back on to our online account and can see that it’s changed already. The lease is now extended to July 2026 but we have the option to order a new car at any time from today (which is the ideal situation, as I don’t want to keep the car 5 years, and would like the option to order as soon as we find a suitable car, but didn’t want the pressure of having to order until that time).
So, all sorted and my sense is that they know that they are on thin ice by changing the terms mid-lease, but I feel that we must assume that this ‘discretion’ is likely to disappear with leases that are taken out from now on under the new rules, so those who don’t have major adaptations or who drive more than 20,000 miles in 3 years, might want to to have that in mind when ordering cars with high APs or when adding expensive options.