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Finally, after 14 months since I raised a complaint and back and forth with Motability, who refused to accept the original decision, I have now received provisional decision from the ombudsman (and not a mitigator, who normally deals with the complaints at their lower level). What are people’s thoughts, please? I have 51,800 miles on the clock. Should I keep the car? Perhaps opportunity to leave Motability? Below is AI one page summary (out of original 8)
Summary of the Provisional Decision
The Ombudsman has issued a provisional decision in favour of Mr K regarding his complaint against Motability Operations Limited (MO). The complaint concerns a vehicle supplied under a Motability hire agreement that was found to be of unsatisfactory quality. The Ombudsman’s current view is that the complaint should be upheld, subject to any further comments or evidence submitted by 18 August 2026.
Mr K received a new adapted vehicle through the Motability Scheme in April 2024, paying an advance payment of £1,599. He also paid a further £2,155 directly to the dealership for optional extras, including an additional charging cable, alloy wheels, and a panoramic sunroof. Within weeks of receiving the vehicle, he reported several problems, including brake noise, warning messages, and intermittent faults affecting driver assistance systems. Repairs were carried out, including replacement of the brakes and battery, but concerns remained. An independent inspection later identified unresolved electrical fault codes, following which MO offered to terminate the agreement and refund the advance payment. MO also offered £250 compensation for distress and inconvenience. Mr K considered this insufficient.
After reviewing the evidence, the Ombudsman is satisfied that the vehicle was not of satisfactory quality as required under the Consumer Rights Act 2015. The faults appeared relatively soon after delivery, involved important electrical systems, and were not fully resolved despite repair attempts. The Ombudsman considers it more likely than not that the problems were present, or developing, from the point of supply. A reasonable consumer would not expect a brand-new vehicle to experience these types of faults or require brake-related repairs shortly after delivery.
The Ombudsman accepts that Mr K has the legal right to reject the vehicle because an attempted repair failed to bring it back to a satisfactory standard. However, he does not agree that MO should be required to provide a brand-new replacement vehicle or fund a new agreement at today’s significantly higher advance payment rates. He considers such a remedy disproportionate, particularly given the vehicle’s age, mileage, and the fact that only a limited period remains on the original agreement. Instead, he concludes that MO’s offer to end the agreement and refund the full advance payment is fair and, in fact, more generous than the refund that would normally be required under consumer legislation.
The Ombudsman also considers that Mr K suffered additional losses because of the vehicle’s faults. Since the optional extras were purchased with the expectation that they would be enjoyed throughout the full 39‑month agreement term, he believes Mr K should receive a pro-rata refund for the unused portion of those extras if the vehicle is returned.
Regarding the replacement hire car supplied during repairs, the Ombudsman accepts that it did not adequately meet Mr K’s mobility needs. Although the vehicle included the necessary adaptation, it was smaller and less suitable for his particular circumstances. The Ombudsman therefore concludes that MO bears responsibility for the inconvenience caused and should also reimburse 80% of the petrol costs evidenced by Mr K, recognising that he incurred higher running costs than he would have with his electric scheme vehicle.
In relation to compensation, the Ombudsman has decided that total compensation of £500 is appropriate for the distress and inconvenience experienced. As MO has already paid £250, a further £250 should be paid.
Accordingly, if Mr K chooses to return the vehicle, the Ombudsman intends to require MO to: terminate the agreement without further liability, collect the vehicle at no cost, remove any adverse credit information, refund the £1,599 advance payment, and provide a pro-rata refund of the optional extras. Whether or not the vehicle is returned, MO should reimburse 80% of the petrol expenses, add statutory interest to refunded amounts, and pay a further £250 compensation. The provisional outcome is that Mr K’s complaint is upheld.
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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)
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