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    • Quick update. I've now recieved a letter before action from them with a form to return enclosed, still no credit agreement however. I assume just a case of following the other thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
    • HI all, This is done now. My daughter and her fella are currently in the process of remortgaging so they just paid it out of panic. Thank you anyway DX
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DLA APPEAL/MOTABILITY .... waiting so long my car is gonna be taken away


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Hello there hope all is well,

Basically I have had to appeal decision made back in July to lower my mobility component of DLA.

Motability advised me I could keep car a maximum 6 months.

This is running out and appeal might not be heard till June next year !!

i have said i am willing to take a cancellation anything to get heard sooner as basically my car is my lifeline literally.

i know everyone is on the same boat but has anybody got any ideas on how \i could keep car or anything at all.

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Mobility have a special department that deal with this, however I suppose as a charity they have to watch the cost. Not sure if I have heard of anyone asking and them accepting payment from client. How confident can you be with regards to your appeal.?? If so could you not cancel appeal and re-apply, and perhaps ask Mobility to write off the amount due? Otherwise perhaps you are going to be without car for a period of time.

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Thanks for replies all,

What is the name of the special department that deals with it then ?

I would be willing to pay the weekly rent.

I am confident of winning appeal, I need to get in front of the panel really applicatipns I have found are always lowered or denied.

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Call up Motability Operations and explain they will work with you, but they (ithink) have time constraints of 6 months. Best to call them now.

 

 

 

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Yeah

thanks for the advice everyone l know they said before was a time limit of six months so its go NA run out soon.

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  • 4 weeks later...

Hello just an update,

We rang and they said to write a letter explaining and requested an urgent appeal.

did so and they rang next day to ask when we were available so fingers crossed ...

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  • 4 weeks later...

Hi This happened to me, I phoned the appeals service and explained the issue, the lady was very helpful and immediately put a note on my file asking for a urgent hearing, also telling me to write to the appeals service requesting a urgent hearing, lo and behold my appeal date came 2 day before the car was gonig to be taken back.

All I can advise is that you contact the appeals office and ask for a urgent hearing, and also if you get a date speak to the motability people advising them of the date and pehaps they will delay the reprpossesson of your car.

 

Best of luck

 

Harry

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  • 3 weeks later...

My disabled wife would benefit enormously from a Motability car. Unfortunately because of a bad experience with Motability in 2001 we vowed never again to use the charity.

 

Her circumstances were that she had a Motability car replacement after her previous 3 year lease had expired and she paid an advance payment of £2350 for the car. About 7 or so months after making this payment and taking delivery of the vehicle the DSS notified her that due to a doctors medical report ( which turned out to be an error on the doctors part ) her claim for the higher rate of mobility was to cease.

 

As you must be in receipt of the higher rate of mobility benefit to qualify for a Motability vehicle she was advised by Motability that as she no longer qualified the vehicle must be returned forthwith. The collection of the vehicle was arranged for 4 weeks later.

 

You may be able to imagine how distraught we were as we were not only going to lose the only means of transport but also our none returnable advance payment of £2350 for an obvious medical mistake. My wife was wheelchair bound and could not walk as she had suffered from MRSA that had ‘eaten’ her spine away and had to have major surgery to have 2 iron rods inserted into her back and she is in the same condition today in so far as being unable to walk.

 

I wrote letters and telephoned Motability explaining the doctors error who had incorrectly stated my wife was able to walk unaided. They were sympathetic to the degree that they extended the return of the car by 2 weeks but on the due day they turned up and recovered the car. They ignored the facts we gave them and they indicated that ‘the rules said’ ……….and there was no flexibility shown on their part whatsoever. We lost our £2350 advance payment in so far as Motability would not accept any liability despite a hospital administrator contacting them to explain the situation.

 

Four weeks later the DSS acknowledged there had been a medical error and the higher rate of mobility was re-instated and my wife still qualifies for it today.

 

We never got any money back from Motability or a replacement car.

 

The above details are true and I write it as a cautionary tale to those of you considering making an advance payment. I don’t know if Motability have changed the rules since then but I would certainly be making sure before I parted with any money.

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  • 2 weeks later...

Peebeee - thank you for your post, you have just made my mind up about the advisability of dealing with Motability.

 

I was a little concerned about their lack of flexibility anyway - but in the current climate of constant benefit reviews and changes there is absolutely no way of being sure that the car you fork out the massive payment for will be yours for the expected length of time.

 

It is not even like it works out that much cheaper through motability!

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Any payments made as an advance payment must have been for "extras" as Motability always pro-rate the down payment and refund. I guarantee this from experience

Well in our case it was a 'bog standard' Zantia saloon car. As with all the cars if your full monthly DSS payment doesnt cover the full cost of the car you have to make a none returnable 'advance payment'. For the vehicle mentioned we had to make an 'advance payment' of £2,350. The none refundable aspect was when we had our car, whether they have changed the rules since then and now make a refund I dont know. They didnt then and Motability wouldnt make a refund stating the rules were that any advance payment was none refundable. And I am sorry John I dont fully understand what you meant by 'always pro-rate the down payment and refund'. Have they changed the rules do you know, regarding refunds on advance payments ?.

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Dont get the wrong impression !. A motability car with Insurance, Vehicle Tax and Maintenance included is a cheaper option than you going out and buying the same car on HP or with a loan. That said, I wrote the warning of the loss of our advance payment in 2001 of £2350 because of an incorrect assessment which can and does happen. You should establish if the same rules apply today re none refundable advance payments and if you cant afford to lose the money then stay with a vehicle that doesnt require a deposit !. Also as has been pointed out be aware that the Government is intent on re-assessing people and if that could possibly happen to you then again dont have a vehicle requiring an advance payment if you cant get it back and consider that if you are re-assessed and you lose the motability car you will have a few short weeks to try and buy some other transport before the motability car is taken back.

Its unfortunate that there's no Motability 'Official' willing to reply to some of the points raised here as it would certainly calm a few fears.

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Just to say there are motobility cars to suit all types of requirements that do not need an advance payment so there is no need to pay anymore than your mobility part of your DLA.

If I have been of any help, please click on my star and let me know, thank you.

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Well in our case it was a 'bog standard' Zantia saloon car. As with all the cars if your full monthly DSS payment doesnt cover the full cost of the car you have to make a none returnable 'advance payment'. For the vehicle mentioned we had to make an 'advance payment' of £2,350. The none refundable aspect was when we had our car, whether they have changed the rules since then and now make a refund I dont know. They didnt then and Motability wouldnt make a refund stating the rules were that any advance payment was none refundable. And I am sorry John I dont fully understand what you meant by 'always pro-rate the down payment and refund'. Have they changed the rules do you know, regarding refunds on advance payments ?.

 

With regards to pro rate if you paid £2350 down payment that works out at £65.27 per month. They take one lump sum = 65.27x36=@2350. If you give the car back after only 12 months use then motability will refund you 24x £65.27.

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With regards to pro rate if you paid £2350 down payment that works out at £65.27 per month. They take one lump sum = 65.27x36=@2350. If you give the car back after only 12 months use then motability will refund you 24x £65.27.

 

 

Thanks for that John. I assume that thats the ruling now regarding advance payments. It certainly wasnt when I was trying to get a refund. Motability stated that the ruling that applied then was any advance payment was none rufundable and they would not and did not refund any part of it.

 

In view of what you indicate it clearly isnt so much of a worry if you do decided to select a more suitable car that required an advance payment, thats usefull to know.

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