@BigDave I would argue that Motability Operations did not give notice of a variation to the contract. I only found out about it through this forum and it was mentioned deep within the Motability website. We received no written notice of the variation. I can’t help but wonder that had the complainants articulated these specific facts clearly the ruling may have been different. Certainly when I challenged it on this basis with our last car Motability backed down on their refusal. I’m not personally bothered now, as I would no longer seek an extension, but if I did want one I’d still challenge it. Have they completely removed it for everyone now, including those with under 20,000 miles and those with substantial modifications (which were the exemptions they allowed – although neither applied to us at the time we argued the point)?
I only became aware myself, due to the veteran I mentioned in my previous post asking what he could do after his negative FOS judgement on Motability refusing to give him a lease extension. Hence my doing some digging on the FOS website and at his Motability contract.
What the FOS seem to have stated in their ruling is that it isn’t a ‘variation to/of the contract’ but the contact was/is always of 36 months duration only (i.e. the 39 contractual 4-weekly payments). Thus no such ‘notice of variation’ being sent to you and other customers was ever needed.
Any’ variation’ (i.e. extension) or in your case ‘a backdown’ was/is seemingly at Motability’s total discretion – the ‘further two years’ passage mentioned within the contract seemingly being nothing more than an irrelevance in the FOS’s eyes as it was never defined and thus (quote) ”there’s nothing in the agreement or associated terms that guarantees any extension would be granted’.
As previously posted on this forum the sub 20,000 miles lease extension (which again was seemingly at Motability’s discretion due to the overarching FOS ruling principle) comes to an end on 16th December 2025:
Although dealers have been informed of this, customers seemingly haven’t as yet. I can only presume that, in light of the FOS ruling, customers do not need to be told as, in the FOS and Motability’s eyes, it is not a variation of their contract, simply a variation in Motability’s discretion.
Anyone got the deep pockets for a Judicial Review? GG?