[Sorry, Long post...]
Extracted & edited from my (latest) email to the Broker......
1. So the Broker quoted their Quotation T&Cs
- "driver data will not be set-up on the vehicle due to restrictions set by the funder"
I pointed out that the Volvo on Call (VOC) system does not contain "driver data". VOC is part of Volvo's car safety and vehicle management suite.
2. The broker was instructed that VOC was a requirement, as initially we thought it to be a paid option, but in fact the MY19 XC60 (and all current Volvos) have it included as Standard Equipment - and there was no notification that this Standard Equipment was not going to be available to us. In fact their website
still lists it as being supplied on the XC60. (See below)
3. Lex's T&Cs - the contract we did sign - do not prohibit these services, and in fact indicate they are acceptable, provided there is no liability to Lex:
CONNECTED SERVICES (this clause only applies if the Vehicle includes any Connected Service (see the definition of this term in clause 15(b) below))
(a) If the Vehicle includes any Connected Services, we will not be responsible for them. [We accept this]
(b) You will need to agree any terms on which the Connected Services are provided (and you should contact the supplier or manufacturer for more information (including the terms)). The phrase "Connected Services' means services providing additional in-car services by use of an embedded SIM card or device which is bought from, or made available by, the Vehicle's manufacturer or another service provider (and includes, for example, real time navigation updates and Wi-Fi hotspot enabling). [We accept this]
(c) Connected Services may be provided free of charge by the manufacturer of the Vehicle for a given period. This period may be shorter than the period you have agreed to hire the Vehicle (including any informal extension to or an extended period of hire). We will not be responsible for the cost of any Connected Services, or lost costs (or other expenses) if your agreement with us ends early. If any Connected Services are withdrawn, we are not responsible for any lost costs you may incur. You are responsible for meeting the cost of any upgrades to any Connected Services. [We accept this]
(d) We have no responsibility to you for any loss, damage, cost or expense you suffer because of the Connected Services working or not working. [We accept this]
(e) If you sign up to the Connected Services, you may agree to provide (or actually provide) data to someone other than us. You are responsible for making sure the other party is using your information and data in a way you have agreed with them. [We accept this]
(f) Before returning the Vehicle, you must (a) remove all personal data or information from the Vehicle and (b) disable any functionality which tracks the Vehicle's location or provides access to the Vehicle. [We accept this]
(g) If yours is an agreement under which we agree to provide you with maintenance services, you must use our approved maintenance and vehicle related service providers and not those providers that the manufacturer of the Vehicle or other party recommend or direct you to use through the Connected Services. For the avoidance of doubt, these services include (but are not limited to): breakdown, tyre replacement, replacement glass and maintenance and repair. [We accept this - N/a as we have no maintenance contract with you or Lex]
(h) You must not use Connected Services to change the Vehicle's mechanical performance from its specification when it was first delivered to you. [We accept this - N/a - Not possible with VOC]
4. In Lex's initial email (19 September 2018 13:50) they said: "You will need to go back to the dealership and see if they can assist you.", and then subsequently refused to authorise Marshalls to do this.
5. There is a huge inconsistency in this market - I now have substantial evidence of Lex Volvo vehicles (brand new and older, on maintenance contract and without, private and company leases) using VOC as standard. his information is from both individuals and direct from Volvo dealers.
"As our broker, and a Nationally recognised vehicle supplier, I expect a better response.
I appreciate that there has been an error along the way, and that some of these systems are growing and cause headaches for you and the finance companies.
However there is plenty of evidence that this particular system, Volvo on Call is both benign and provides no risk or liability to Lex (or my personal data).
As our broker, you were aware of our requirements, and if we were to be a suspicious individuals, might assume that
[Broker's name] knew all along this was likely to happen, but continued - to secure the business. I choose to believe this is not the case, as he was nothing but professional the entire time, and very patient with our constant enquiries.
However I now need you to represent me, with Lex, to authorise Marshalls in Peterbrough to release of the VOC "PIN" for this vehicle."
Fingers crossed again....