LOVEFiLM Nightmare - Please Help

[nobody's perfict]

Hi.

 

In 2009 I signed up for a trial account with LOVEFiLM. I cancelled a long time before the first payment was due and received email confirmation from them that the account had been cancelled. They said I would not be charged and they confirmed that no DVDs would be dispatched to me. Their exact words were: "We can confirm to you that your account with the registered email address **************** has been cancelled on 27/07/2009 as requested. Therefore, no charges are applicable on your account and no DVDs will be dispatched to you in future". At this point they had not sent me any DVDs so I had none to send back to them.

 

However, about 4 months later I found that they had NOT cancelled my account and had been charging me every month. I only discovered this when they sent me a couple of DVDs, completely out of the blue. When I complained, they eventually apologised and said they would cancel my account for real. They also said that I would be refunded (in full) once I sent back the 2 DVDs. I sent back the DVDs and they confirmed that they had received them. After that, I thought nothing of it. I had a lot going on in my life at the time and I naively assumed they had done as they said. Stupid, I know. I didn't check to make sure.

 

Big mistake. I found out a few days ago that they STILL haven't cancelled my account and that they have been charging me every month for nearly 2 years. I sent them an email yesterday telling them all this, but their response was not particularly helpful. They say: "I can confirm to you that you have an active account registered under the e-mail address **************** and I can advise you that we have not received any cancellation requests from you yet on this account. Therefore, the account status is 'Active' and you are being charged according to our Terms and Conditions."

 

This is simply absurd. I have sent numerous cancellation requests and have had several replies from them confirming they have received and understood them. I have, in writing, their assurance that my account was closed before the trial period was up.

 

In my latest email, I even attached the previous correspondence in order to prove what I was saying. I also quoted the relevant parts, where they said "we can confirm to you that your account...has been cancelled", that "no charges are applicable" and also from another email where I was told: "I have taken a look through your account and can see that you were advised your account was cancelled". They should also be able to see that I have not used any of their services during this time.

 

LOVEFiLM are also now saying that they "will not be able to offer any refunds in this instance as the account status was “active” when the billing had occurred, but we can add 8 months free service to your account, as you were unable to make use of it." I have told them that I don't want to use their site, but they won't budge. It is entirely their fault if my account was "active" when billing occurred, so I don't know quite what this means. They kept my account open after telling me it was closed and have been illegitimately charging me every month since then. I have kept all of my correspondence with LOVEFiLM and can prove everything I'm saying.

 

So please, if anyone can help me I would be eternally grateful. What should I do? I estimate that LOVEFiLM have taken close to £200 in total. In reality, I've lost more than that thanks to the interest I have unknowingly been paying on this sum, and one or two fees I have been charged by my credit card. Thanks to LOVEFiLM, I'm now in some financial difficulty and I just don't know what to do.

 

If anyone has any ideas, please let me know. Thanks so much.

 

 

 

P.S. I should also point out that the credit card details they have are from a card of mine that expired in November 2010. I have not given them the details of any replacement card and yet they are still somehow managing to take payments from my new card. How can they do this without the 3-digit security code? When I click on my account it still has the expired card listed. How are they doing this and are they allowed to?

[silverfox1961]

Hi. Sorry you were missed

 

I think in this situation, you stop with the emails and start sending letters to their registered office

Lovefilm UK Ltd.

NO.9

6 PORTAL WAY

LONDON

W3 6RU

 

You could address it to their director

Michael David Deal

 

I would enclose copies of the emails and demand they refund all monies within 28 days. failure to act may result in legal action being taken against them.

 

Send all letters by recorded delivery at the very least.

 

Have you contacted your bank in an attempt to stop them taking your money?

[nobody's perfict]

Thank you so much for your reply. I will do as you suggest and write to Mr Deal via recorded delivery. Perhaps the prospect of potential legal action will get me somewhere with these people.

 

And yes, I have told my bank the situation, so hopefully LOVEFiLM won't be able to take any more money.

 

However, I'm still baffled about how they have been taking money from me when they only have the details of my old credit card. Wouldn't they need to know the new expiry date and the 3-digit security code? I certainly haven't given them this information, so are they allowed to do this? Should I mention this in my letter?

[silverfox1961]

However, I'm still baffled about how they have been taking money from me when they only have the details of my old credit card. Wouldn't they need to know the new expiry date and the 3-digit security code? I certainly haven't given them this information, so are they allowed to do this? Should I mention this in my letter?

I would raise it but I have heard that where an old card has expired, the bank will supply the company with the new card details.

[sillygirl1]

You MUST inform the bank in writing that your old card is compromised and all 'continuous authority debits' are revoked and not to be transferred to the new card.

 

Don't even bother talking to the phone centre about this, give a letter to the nearest branch and ask for it to be actioned pronto, AND ask for a signed receipt for the letter as well.

[nobody's perfict]

There's a minor update. I've not yet sent my letter, but I've just received an email from someone at LOVEFiLM. They now say they have cancelled my account "with immediate effect". When I log in to the website, it now says that the account is "not active", so this appears to be true. However, I will still do as sillygirl1 suggests, just in case.

 

In the same email, LOVEFiLM says: "With regards to refunding the payments which you have been charged, I have referred this matter to the relevant department. Please be assured that we will contact you back with their response as soon as possible." This seems slightly more promising, but I'm not getting my hopes up yet.

 

In light of this latest email, I'm not sure if I should wait for their response or go ahead and send the letter to their registered office regardless. I'm leaning towards the latter, but would like to know if anyone has an opinion on this.

 

Thanks again silverfox1961 and thanks sillygirl1. Your help is greatly appreciated.

[Dragons Dennis]

They owe you all your money. Ask for it in writing as advised previously. Send by special delivery, not recorded. recorded with companies is often not signed for. Special must be. Mark your letter 'letter before action' and as advised send copies of e-mails. Give them 14 days in your letter in which to refund you IN FULL.

 

Allow them 16 days to respond the issue a county court summons. You definietly will win in court, although the judge will (like most of us) wonder why you didn't notice sooner.

[andyscott777]

I'm sorry to hear about your dealings with LOVEFiLM - I have a similar experience of the company. My details were used to set-up multiple accounts at lovefilm (persumambly by the guy who signed me up in a shopping centre) LOVEFiLM won't close the accounts down as I'm not the account holder and continue to take paments despite the fact that I have cancelled my bank card. the company are not great when it comes to problems and hide behind their Terms and Conditions. my advice - never give your bank details to a man in a shopping centre and stay well clear of LOVEFiLM.

[sillygirl1]

I've had the opposite from Lovefilm, when I contacted them about my logging in issues they sat and cleared down the other accounts properly.

 

One approach to do now when finishing payments with a company is take a copy of a letter from them saying your obligations have ceased and write to the bank stating that this company has no right to appropriate funds from you under the old agreement.

 

It worked for a friend who had closed a 4 month payment plan with a company, on month 5 the money went out and the bank had to do an IMMEDIATE refund as it was clear there was no liability for this payment.

 

Banks are going down the road of 'you gave them the details, they can take what they want' which is complete rubbish.

[malcolmmirt]

Lovefilm's CEO is called Simon Calver, I reckon cc simon dot calver at lovefilm.com will do the trick.