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It seems my post has disappeared anyway Motability has and is breaching the Equality act on first due to my disability letting me order my car at my home with the dealer coming to me which motability allowed and was accepted that when the car is delivered it would have its adaptions fitted and then be delivered to me they call this an off site handover. Motability now say i ca not have this now so now even though the car has been accepted i do not know if i am getting a car or not which has caused me great alarm and distress even though Motability say that WAV and Scooters can have offsite hand overs is this a two tier system.
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i ordered mine in showroom after a test. but it was delivered to my home by the rep. i sent the money first by bank transfer. i trusted him as he was a decent sort who lived locally. he also took my old car away and swapped all stuff over that was in it. although i never asked for it he knew i was struggling to walk far at time and decided this was best way and it was also hogmany, or day before and they wanted it done i guess and get home for hols. i gave him a bottle of whisky for his trouble.
Current Car: Hyundai Kona Premium EV...2 way 40kg hoist
Last Car: Toyota C-HR Excel Hybrid...4 way 80kg hoist
That’s nice Struth. That’s the way to treat people. Be nice and you get it back 🙂
Tinytim. I feel that you have too much time on your hands. Taking legal action against Motability will only cost you. Are you sure that you know what you are doing because you’ve mentioned before that they will wait until the car turns up to make a decision. Wait until the car is ready and not been delivered before appointing a solicitor. You mention that Motability have hung up on you. Why do you think that is?
@tinytim – I know you have started this up elsewhere recently, so must be playing on your mind. But it got me thinking; Why not get your carer to go and pick it up? Or whoever else is named on the insurance. I assume that others will be able to use the adaptations in the vehicle.
Also, you will need to return your current car, or is this your first on the scheme? When is your car ready for pick up?
How far away is the garage from you? Mine is in another country ? and about a 70 mile round trip. The cost of a taxi would prevent me from taking one and I would have to catch a train and then a taxi. But I have my car to give back so again, I’m lucky with that.
I would get my carer to get my next car if I were you.
Skoda Enyaq Race Blue
Did you know that for one Motability state that anyone who can do this for you the contract is there responsibility i was told like being a Guarantor who in there right mind would take that responsibility, and also I am the only one on my insurance it is ok making up excuses for Motability but as every able bodied person can order a car from home and have it delivered and everything is now done online we are in 2022 not 1970s.
Sorry @tinytim, I didn’t mean to upset you, just to see if there might be a workable solution for you, rather than make excuses for Motability.
I didn’t realise that you wanted to make a point rather than getting your car. Best of luck with your quest to fight for equality on this.
Skoda Enyaq Race Blue
Sorry @tinytim, I didn’t mean to upset you, just to see if there might be a workable solution for you, rather than make excuses for Motability. I didn’t realise that you wanted to make a point rather than getting your car. Best of luck with your quest to fight for equality on this.
No do not worry you have not upset me it is good to have advice it is just Motability are not playing the game it is us the Customer who is paying and as they are bullying us which much of the call centre managers have done to me has upset me and caused my Psoriasis and Eczema to break out all over me which my GP says is due to stress that Motability have put me through and guess what Motability could not care less when i told them this.
tinytim, I probably shouldn’t get into this but I don’t understand your situation. You say you are the only person insured for your car, so presumably you intend to drive it once the adaptations are done. Why can’t you collect it? Do you have a car to handover?
This is the problem which we should not have to answer we has physical and mental disabilities i really do not have to answer such a silly question from someone like Motability does not suffer from end of.
To save your heartache and stress Tim could you not have a member of the family on insurance or to get them to become an appointee. so they can handover and collect your new car for you, just incase Mb/dealer don’t allow a home handover.
I’m thinking of you to save all the stress its putting you through, which don’t get me wrong I fully understand your situation on the matter.
The other thing is all the stress/anxiety involved getting a legal team and battling it out with MB and the cost involved to yourself unless you can can legal aid. Going this route would drastically help your case if you new of others on the scheme that had been promised an at home order/handover and it never materialized and willing to stand with you as you go through the legal battle.
My only other advice is screenshot any info Mb has on their site that suggests an home handover and a documented timeline of calls/emails from you and Mb on the situation. It may also be worth getting your MP inolved.
I wish you all the luck and hope you get what you want, but please don’t let it be at a disadvantage to your health 🙂
I do not have any family now and the dealer is willing but motability is stopping this so i will now cancel my order unless the ombudsman can make motability change.
tinytim, the question why you are unable or unwilling to collect the car from the dealer has been asked a number of times and remains unanswered. Of course you don’t have to answer, but without any explanation it seems to me that you are taking a stand on the principal of a broken agreement that Motability said you could have off site delivery and now refuse, and that their action is illegal. In taking that stand, you are willing to go without the car.
If all that is the case, I don’t see what further discussion here can achieve.
has been asked a number of times and remains unanswered.
It is such a bonkers stance to take, I get the feeling that there must be more to this than tinytim is letting on.
Having a home handover would be a nice option, but I wouldn’t/couldn’t make a stand like this. Gotta admire tinytim having principles and sticking by them, regardless. But to turn a car down is mad, you lose your independence, everything that a car brings and that far outways taking a stance, for me.
So many questions remain unanswered. I hope tinytim will update us all with what he is doing to progress this and what the outcome might be. Will a home delivery be made just for himself or will he get Motability to change their minds and offer it to us all? I must admit, I would consider taking advantage of it, but having to hand my current car back, it is no biggy.
???
Skoda Enyaq Race Blue
While i personally think it’s a bit silly to just disregard potential options due to “principle” (i agree with Wigwam that it looks like that), i will say that the entire appointee spiel isn’t a great solution either.
The reality is, there’s no “apointee” for Motability. You have to go to the DWP and appoint the apointee. It’s not just “picking up the car” that comes with it, but also actual legal responsibility for the contract, as well as the fact that his pension/PIP/other payments get paid directly to the appointee. It’s akin to a legal guardian.
I can understand why one would be hesitant to appoint one (and in fact, i could understand someone being hesitant to agree to sign a contract on his behalf with MB considering that they’re the party held liable).
The other option is a Nominee. Now, i don’t know if MB would let a Nominee (and yes, there’s a huge difference between Nominee and Appointee) pick up a car, but it certainly would be worth asking them. If they allow it, that Nominee (can be anyone, be it family, neighbour or buddy) could be added as a driver temporarily (MB has the option for that, iirc 30 days) to pick up the car.
To cancel the order over what looks like a principal issue, i don’t know. To me it seems like shooting yourself in the foot (cancelling the order) just to make a point really isn’t that sensible, considering nothing will change, at all, whatsoever. The only thing different would be that you’re out of a car.
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.It does happen, but I’m guessing it’s done without involving motability. It might also involve insurance etc
Current Car: Hyundai Kona Premium EV...2 way 40kg hoist
Last Car: Toyota C-HR Excel Hybrid...4 way 80kg hoistI seem to recall that tinytim has previously mentioned he had been in contact with the Equalities and Human Rights Commission (EHRC) regarding this situation and that he had a solicitor appointed from there ( it was possibly in the thread WMC deleted as a duplicate thread – as mentioned in page 1 of this thread)
If so, as they are ‘the experts’ in these sorts of matters, perhaps it would maybe better for them to deal with the matter as they should be in possession of the full picture from both sides.
Unless of course, the matter has become more pressing – for example the car is now ready and registered etc at the dealership?
In which case I can see why Motability maybe playing hardball, as neither they (nor ultimately the dealership) will want a registered car stuck in limbo pending a EHRC investigation.
Tinytim, could you not re-contact the EHRC and see if they could suggest a way forward that permits you to get mobile in the new vehicle, whilst not undermining any potential resolution on a legal front?
https://www.equalityhumanrights.com/en/contact-us/equality-advisory-and-support-service
Well, it seems he could just collect it. No reason that would affect whatever legal argument he’s pursuing
Hi no it is Motability causing the problem there will be lots of disabled who need to order from home and have delivery as long as they know the car and or had a home test drive, i have had all cars since 2008 done this way with no problems and also you can have a WAV and mobility Scooter ordered and delivered to your home. I have told Motability that I refuse to cancel my car as I still want it but am letting you cancel the order under protest from me which my Solicitor has told me to do as they will deal with this now. It is a Discrimination case now and breach of Equality act I can no longer cope with the stress from this. Also no insurance problem is causing this and as covid is still out there Motability let everyone have the choice of having there cars delivered everyone who is involved in helping me does not know why this is happening.
As to above comments they make no sense no one would not have the car if they was able to get to the dealer there is a lot of reasons why many disabled cannot go to the dealer the same as why i had to have my DWP DLA to PIP assessment done at home due to not being able to go to a centre.
Well, it seems he could just collect it. No reason that would affect whatever legal argument he’s pursuing
Indeed. However he does seem reluctant to ‘collect’ it, going by his posts above (and threads passim).
If EHRC could reassure him that he would not undermine the stand he is taking by collecting the vehicle, it may at least get him mobile expediently.
Surely being mobile should be the priority, with anything else able to be followed up in due course.
tinytim, the question why you are unable or unwilling to collect the car from the dealer has been asked a number of times and remains unanswered. Of course you don’t have to answer, but without any explanation it seems to me that you are taking a stand on the principal of a broken agreement that Motability said you could have off site delivery and now refuse, and that their action is illegal. In taking that stand, you are willing to go without the car. If all that is the case, I don’t see what further discussion here can achieve.
I was offered a offsite handover on a car that had to be cancelled last year due to the problems we all know about and Motability sent me a letter saying i can go with this to the ombudsman they do not seem bothered whether i have the car or not but it could take a long time as the obm are so busy they say dealing with other Matters. I had to let Motability cancel the car there end as they wanted me to do this and I had advice to tell them that it is not me doing this this is you and that it is under protest from me. There is a Manager which i cannot name here that seems to have a problem with me that we know has stirred up the hornets net for something that happened over 4 years ago as he brought it up and since then all this kicked off. There has like here been derogatory words said that Disabled should not have to put in this day and age and even when i have had a witness telling me to put the phone down on them. As said ordering a car is easy but problems that we should not have to answer are treated as you do not exist.
This is so stupid why say just go and pick up the car anyone who is mentally and physically disabled is easier said and done would you not go through all this stress if you could do this unbelievable some of you on here. Anyway now in new year I will be considering a WAV drive from demo at my home and with delivery.
Guess tinytim your option’s are
To get the car, but to do that you have to get to the dealers somehow.
via taxi, if no one can drive you and wear a high grade ppe mask to keep yourself covid safe. You could still bring a case against MBO if you want to do so.
Taxis and minicabs
It’s against the law for drivers not to take you on a journey because of a disability or for bringing an assistance dog. It’s also against the law for taxi and minicab operators not to book a vehicle for you for those reasons.If there are vehicles available and they refuse to take you because of your disability, the driver or operator could be fined up to £1,000 or lose their licence.
You can hail a taxi on the street, pick one up at a rank or pre-book one but you have to pre-book minicabs.
Help drivers and operators must give you
Drivers and operators have to give you help to use their service. This could include:help getting in and out of the vehicle
help finding the vehicle
putting a mobility aid in the boot
reading out the total on the taximeter
explaining what route they’re taking
They cannot ask you to pay extra for this help.Drivers who are exempt
Drivers can be exempt from giving physical help if they have a medical condition. For example, if they cannot lift your mobility aid into the boot or push a wheelchair up a ramp.Or the other option as wigwam suggested, is not to get the car and take action against MBO and then see if your case is upheld or not and then MBO will change it’s stance on your issue and set a president.
But how long will that take and cost you is another question.
One maybe able to get help bring the case also. I know they have helped people bring disability case’s during covid ,also for not allowing people with disabilities access to services as they could not wear a mask and where there’s blame there’s a claim.
So many thoughtful, considered and helpful suggestions here, but clearly tinytim has decided on the path he is taking. I’m out.
I do not have any family now and the dealer is willing but motability is stopping this so i will now cancel my order unless the ombudsman can make motability change.
As you stated in an earlier comment “I have told Motability that I refuse to cancel my car as I still want it but am letting you cancel the order under protest from me which my Solicitor has told me to do as they will deal with this now” so let Mb cancel your car not you.
@Wigwam I don’t believe Tim needs to explain the full in and outs of his condition other than what he has already stated, he has stress and anxiety. What level of this or any other illness/condition he has is in- material. The fact Tim has said he has had home orders/handovers since 2008 realistically suggests alone there is more than meets the eye here.As @BigDave has righfully pointed out none or very few of us have the knowledge or qualifications to pass any real judgment on an indvidual case. As an electical engineer I certainly don’t lol.
As before Tim, I hope the matter is sorted to your satisfaction and please come back to let us know the outcome.
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