failed delivery, Lovefilm free trial, Royal Mail, consumer rights

honeydew

I recently signed to a one month free trial with Lovefilm.com. A few days later, lovefilm sent me an email confirming that my first title was on its way.

Six days later, I contacted their customer service to say that I still have not received the title, and that I would like to cancel my subscription. Their reply was that my subscription would be cancelled pending my return of the title they sent me. They also advised me to wait a few more days for my title to arrive.

Eleven days on (today), I still have not received the title so I wrote a message to lovefilm asking them to check the matter as I am traveling next week.

They replied saying that the details of the lost disc would be sent to Royal Mail. They said that Royal Mail would write to me separately to confirm the loss that I reported and to ask me to complete a P91 form.

Lovefilm said this form should arrive to me by the 22/02/2010 (nearly 12 weeks from now) after which I have 10 days to respond. Lovefilm also said that I should contact their Recovery department in case I did not receive this form from Royal Mail by 22/02/2010.

Lovefilm also said this was required for them to make a claim from Royal Mail for the replacement cost of the lost disc, adding that "If we do not receive the form back from you we will be unable to process that claim, and if so, we do reserve the right under our terms of service to take payment of £10.00 from your account to cover the replacement cost..."

In another message, Lovefilm said they updated my account and confirmed that the cancellation process would be completed within the next 24 working hours. But I'm still liable to pay the £10 if I don't send them the Royal Mail form.

Has anyone faced a similar problem? What are my rights and what is the best way forward?

I am regretting having signed to the lovefilm free trial offer now as this is ending into some kind of a nightmare.

Thanks in advance

Bongedone

Just fill the form in! I cannot see a problem with that. There is nothing wrong with Lovefilms system. If you kept your membership they would just send you another disk in the meantime.

The only reason they hold the right to charge the £10 is to stop people pocketing the disks.

neilmcl

I really don't see the issue. Fill the form in when it arrives and post it off and that'll be the end of it.

honeydew

Thank guys. I'm just worried about the time span and the hassle. I'm also going away for a whole month for Christmas and New Year. But I guess you're right. I'll fill the form in the hope that I would get it early enough.

Cheers

scullster

Hear Hear! Lovefilm's are pretty slick, their T&C's are clear regarding delayed / lost films.

williham

I was with Amazon's DVD service a year or two ago for only a month. Recently I received a disk addressed to me from Amazon DVD rental.. I'm pretty sure amazon hasn't ran its own dvd rental service for ages and I don't even remember them not sending me this disk.. so yours might turn up in a few years!