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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think this is disability discrimination?

36 replies

TripleSeptic · 21/05/2021 20:27

My friend was telling me today, she's ordered a Motability car, but car dealership said cars are in short supply and they can't honour her order because they have to save the cars they have for people who will buy on finance, because there's more profit in the deal. She said they had to get approval from the director of the company and he has declined to authorise the sale by the salesman. My friend was supposed to be collecting her car next week, ordered today, and got a phone call shortly after she left to say that the director said "no". The salesman knew nothing about having to ask for authorisation, because apparently no one wants to commit that to writing, it's a new, unwritten rules. He is furious about it and probably told my friend too much. I don't know what I would have told her if it's true, but I don't know if he has a different axe to grind, or if he's happy to leave, because knowing the dealership he works for, they'll not like their saleman telling this story, true or not. I sell cars and I am aghast. There is a shortage of some cars due to a shortage of components, but I wouldn't have thought it would be legal to pick your customers based on the profit in the deal. Shouldn't it be first come, first served? I would love to mystery shop them and find out their position, but I think I should support my friend and try to source her a car, and be practical for her. She's really hurt but is trying to sort something else. AIBU to think that this is disability discrimination?

OP posts:
Spanglebangle · 21/05/2021 20:37

They are not discriminating against her because she is disabled though are they? They will sell the car to someone who is disabled but who they will get more money from.

wonderstuff · 21/05/2021 20:43

I'd agree, it does constitute discrimination. However I think proving that would take many more months than the delivery on the car.
Always worth quoting equalities act and hoping they feel compelled to do the right thing.

TripleSeptic · 21/05/2021 20:45

@wonderstuff

I'd agree, it does constitute discrimination. However I think proving that would take many more months than the delivery on the car. Always worth quoting equalities act and hoping they feel compelled to do the right thing.
That's a really good suggestion 👍
OP posts:
Moondust001 · 21/05/2021 20:50

Is not discrimination. Its business. They didn't refuse the sale because she's disabled. They refused to deal with Motability (who are actually the client, not her) because they can make more money selling directly rather than to a group company. She can buy the car directly and pay the price.

drpet49 · 21/05/2021 20:58

I fail to see how this is disability discrimination.

rwalker · 21/05/2021 21:00

They want the most profitable sale if she took one on finance I'm sure the would sell it to her disabled or not.

Itwontstopraining · 21/05/2021 21:05

Surely its disability discrimination because the policy of not selling cars through motability and only doing so through direct finance deals, disproportionately affects people with disabilities?

Corporate sex discrimination for example isn't usually 'they wouldn't allow X because she's a woman' it's usually 'women are unfairly affected by policy Y because they're more likely to have caring responsibilities' etc.

HoneyDragon · 21/05/2021 21:05

If they are a notability dealer and because they are making less as part of that aspect of the agreement they are effectively saying they will sell the car to an able bodied person but not a person with a disability.

Also the FCA would take a dim view on forced finance deals.

TrainspottingWelsh · 21/05/2021 21:07

I stand to be corrected because I know very little about how the motability scheme works. But wouldn't it come down to whether it's only disabled customers that are being pushed down the list? Eg when we bought dsd's first car we walked out of one place because they persisted in trying to talk us into finance when we'd been very clear we wished to buy outright. Presumably because their shitty high interest finance deal was more profitable.

That was pre covid/ brexit so we just took our business elsewhere, but if they're prioritising their finance deal above every other means of payment, rather than just treating motability customers differently it will be hard to prove it's disability discrimination.

user11838686969686 · 21/05/2021 21:12

I love it when people who've never even looked at the Equality Act declare that indirect discrimination is not discrimination just because they don't understand what they're even discussing.

Or because they'd be comfortable discriminating in that way themselves.

MrsAudreyShapiro · 21/05/2021 21:13

@TrainspottingWelsh

I stand to be corrected because I know very little about how the motability scheme works. But wouldn't it come down to whether it's only disabled customers that are being pushed down the list? Eg when we bought dsd's first car we walked out of one place because they persisted in trying to talk us into finance when we'd been very clear we wished to buy outright. Presumably because their shitty high interest finance deal was more profitable.

That was pre covid/ brexit so we just took our business elsewhere, but if they're prioritising their finance deal above every other means of payment, rather than just treating motability customers differently it will be hard to prove it's disability discrimination.

It is disability discrimination because disabled people are the only ones who get motability, therefore they are disproportionately affected by the policy. It doesn't have to be that they are the only people affected.
Mycomfyplacetochill · 21/05/2021 21:17

Profit on motability deals is negligible, barely covering costs. Dealers are in business to make money. By making money they stay in business to carry out repairs and servicing etc when you need it. And every car eventually needs work of some sort.

Motability will extend the contract on her current car by several months so the dealer can place a factory order. They won't leave her without transport.

You're making a drama out of what is essentially nothing. Plus she should have ordered the car months ago instead of leaving it to the last weeks. Dealers have been open to do click & collect and chat via zoom/teams etc so there's no excuse. There are other manufacturers who offer motability so if you're that upset vote with your feet and buy elsewhere

I'm saying this as a blue badge holder myself whose reliant on my car.

Mycomfyplacetochill · 21/05/2021 21:24

@HoneyDragon

If they are a notability dealer and because they are making less as part of that aspect of the agreement they are effectively saying they will sell the car to an able bodied person but not a person with a disability.

Also the FCA would take a dim view on forced finance deals.

They're not saying that at all. If she wants to buy the car not lease it through motability they will sell it to her. Disabled people can buy cars vat free, they'd honour that as it wouldn't affect their
TripleSeptic · 21/05/2021 21:42

@Mycomfyplacetochill

Profit on motability deals is negligible, barely covering costs. Dealers are in business to make money. By making money they stay in business to carry out repairs and servicing etc when you need it. And every car eventually needs work of some sort.

Motability will extend the contract on her current car by several months so the dealer can place a factory order. They won't leave her without transport.

You're making a drama out of what is essentially nothing. Plus she should have ordered the car months ago instead of leaving it to the last weeks. Dealers have been open to do click & collect and chat via zoom/teams etc so there's no excuse. There are other manufacturers who offer motability so if you're that upset vote with your feet and buy elsewhere

I'm saying this as a blue badge holder myself whose reliant on my car.

She's new to the scheme and has just been awarded the benefit, and has recently seperated from her husband who leases what would have been the family car. Not a drip feed, just didn't think it was necessary to stress that this is an essential for her. She is without transport and having to beg a lift to appointments and it makes her feel miserable, incapable, dependent. I'll not tell her about this thread in fear it makes her feel worse 👍😂
OP posts:
Spanglebangle · 21/05/2021 21:53

I'm sorry your friend is struggling. Regardless of if it's discrimination or not, could she ring round dealers to see if they will deal with motability?

mrsbyers · 21/05/2021 21:57

She could get another type of car though , if mobility is her concern then there must be other models of car that are suitable

Sistedtwister · 21/05/2021 22:00

Regardless of disability discrimination (I think it is) it would be really shit publicity for them if it became widely known

TrainspottingWelsh · 21/05/2021 22:02

@MrsAudreyShapiro I'm not saying it isn't shit, or even that it isn't indirect discrimination. But if they're currently also turning down cash buyers, or eg people that would fail their finance but have it through a third party company that lend to anyone, because neither of those groups make them the same profit as their in house finance, then trying to prove its disability discrimination isn't necessarily going to work, regardless of whether we think it's a morally acceptable business practice.

Mycomfyplacetochill · 21/05/2021 22:15

@TripleSeptic so really this should be the soon to be ex who should be slated by taking the car. Not a car dealer.

I feel for her but sounds like the final nail in the coffin of bad luck

Get her to look at other manufacturers, there are plenty out there

TripleSeptic · 21/05/2021 22:16

@Spanglebangle

I'm sorry your friend is struggling. Regardless of if it's discrimination or not, could she ring round dealers to see if they will deal with motability?
I'm going to see if I can point her in the right direction over the weekend and on Monday. I feel like it's an inappropriate thing for a company to do, but I am coloured by my fondness of her, AND my knowledge of the trade, and I don't know what to do for the best.

I wanted to see if anyone detached from the situation thought it was discrimination. At best, its a difficult business decision, at worst... I don't know.

She'll get a car sorted, if she has to wait a few weeks, I'll help her. It doesn't sit right, because this dealer group has won awards for their Motability work.

If one man has said "no, she's not getting that car because she's a Motability customer" is it worth me finding out who this man is, what their policy is, and if they'd turn me and my debit card down to purchase the same car? Maybe it is a preference for finance thing, rather than a reluctance to sell to Motability. In which case the pp who said the FCA wouldn't like it, would be completely right!

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TripleSeptic · 21/05/2021 22:18

@Sistedtwister

Regardless of disability discrimination (I think it is) it would be really shit publicity for them if it became widely known
Where's the DM when you need them 😂😂
OP posts:
TripleSeptic · 21/05/2021 22:22

[quote Mycomfyplacetochill]@TripleSeptic so really this should be the soon to be ex who should be slated by taking the car. Not a car dealer.

I feel for her but sounds like the final nail in the coffin of bad luck

Get her to look at other manufacturers, there are plenty out there [/quote]
I think you're massively missing the point and attempting to derail a decent thread, but I'll ask my friend to join Mumsnet and start a thread so you can slate the husband 😂👍

OP posts:
Loushome · 21/05/2021 22:22

Moving forward (no pun intended)

Motability Scheme Information Support Group Uk on Facebook is her friend - she should join that. Loads of friendly supportive factual productive advice on there.

Also Motability Advice and Discussions UK

And....Motability Advice and Special Offers Group

TripleSeptic · 21/05/2021 22:24

@Loushome

Moving forward (no pun intended)

Motability Scheme Information Support Group Uk on Facebook is her friend - she should join that. Loads of friendly supportive factual productive advice on there.

Also Motability Advice and Discussions UK

And....Motability Advice and Special Offers Group

Lovely ❤️ thank you so much!
OP posts:
DentonsFringeArnottsWaistcoat · 21/05/2021 22:27

I wanted to see if anyone detached from the situation thought it was discrimination. At best, its a difficult business decision, at worst I don't know
I was al ready to say of course it is discrimination as only disabled people use Motability, but now I’ve thought about it I’m not so sure. If the car was for sale and they were saying we’re selling it to anybody except you, that’s discriminatory - it’s either for sale or it isn’t. But that’s not what Motability is, is it? Motability is leasing not buying (I think that’s right?). So I doubt it could be seen to be discriminatory to say this car is for sale but not for lease (as long as they weren’t offering any other type of leasing for that car). But, either way, the bottom line is if they want to be part of the Motability scheme they should honour it when a client wants to lease a vehicle.

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