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Problems with LoveFilm taking money after cancellation

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I phoned LoveFilm to cancel my account in July / August last year. (Can't remember exactly but was summer). They said the cancellation would apply to my next bill as I had just paid. I returned the discs I had and assumed that was that. Until they sent another set (apparently at the end of September). I immediately returned these unwatched.
As I received no more discs I presumed the cancellation had taken effect.
Then I was looking at bank statements at the start of May and realised they had continued to take my monthly payment each month. I emailed them and explained that there must have been an error (pretty much said the above) and that I hoped they would refund me the money they had taken in error.
They replied saying I hadn't returned the discs they'd sent after my cancellation so the cancellation hadn't been applied. I had returned them so this was a bit odd. I replied and said I had definitely returned them and that there must have been a problem with the post or their system and i expected a refund and no further payments to be taken.
Imagine my surprise when another £8.14 was taken at the end of May.
I then discovered an email in my junk mail (that was obviously bad luck for both of us - have no idea how it ended up ther) from them saying:
We can confirm to you that you have an active account registered under
the e-mail address XXXXXXX, as 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.Err I requested the cancellation last summer!
I was furious about this. I replied and had an almost identical email back saying they have removed the two discs from my account as a "goodwill gesture" and cancelled the account.

I am still furious. They have taken a lot of money from my account and show no understanding of my position.

Basically they can say that you didn't return the discs or they can say you didn't even cancel.

I should have noticed the payments sooner but I feel like they've stolen from me.

Do I have any rights to get my money back?
Bankrupt - 9th April 2008
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Comments

  • meer53
    meer53 Posts: 10,217 Forumite
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    You might have done if you'd spoken to them before now, don't think you'll have much luck now, you might feel as though they've stolen from you but it was up to you to monitor your statements and emails. Sorry !
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    Just send them a copy of your Certificate of Posting from when you sent the last DVDs back.

    They should then refund you from then.
  • vuvuzela
    vuvuzela Posts: 3,648 Forumite
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    Lovefilm CS - you need permission to post as a company. See http://www.moneysavingexpert.com/site/forum-faqs#response
  • squeaky
    squeaky Posts: 14,129 Forumite
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    Hi :)

    As has been mentioned - you need to have permission from MSE before posting on the Forum. I'll copy the most relevant section of the Forum Rules below for you...

    Forum_Team wrote:

    forum_faqs_small_bubble.gifHow do I get a right of reply on what's been said about my company?

    If you're from a company, have seen a post you feel is defamatory or offensive and would like the right of reply please email the Forum Team at [EMAIL='forumteam@moneysavingexpert.com']forumteam@moneysavingexpert.com[/EMAIL] to ask.

    A member of the MSE Team will carry out checks to confirm that you are authorised to represent the company in question.

    Provided you have authority to represent your company, you may either be asked to give a statement, which one of the MSE Team will post on your behalf in reply, or be given permission to post directly on the specific thread.

    Where permission has been given for you to post directly on a thread, a note from the MSE Team will appear on the thread confirming this.

    If someone has posted claiming to be from a company but this has not been followed by a MSE Team note confirming authorisation please use the warning triangle in the bottom right of the post to report it, or email the link to [EMAIL='forumteam@moneysavingexpert.com']forumteam@moneysavingexpert.com[/EMAIL].

    There is one, single exception to this rule. If you're from a company and have a discount code you'd like to offer MoneySavers this rule is waived in the Great Want to Offer MoneySavers a Discount? Hunt. You can post your discount once only, on that thread but nowhere else on the forum and shouldn't post about your company anywhere else on the forum.

    .
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.
    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = £5.20 Apr £0.50
  • Oliver14
    Oliver14 Posts: 5,878 Forumite
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    Lovefilm are a bit of an arse to cancel. I also cancelled and sent discs back. Luckily I cancelled the DD with my bank as well. Months later I had a debt collection agency after me for £20 for the cost of the discs I returned. Had lots of hassle with lovefilm luckily I kept on at them and they finally gave in.
    wealdroam wrote:
    Just send them a copy of your Certificate of Posting from when you sent the last DVDs back.

    They should then refund you from then.
    Not really as all that will prove is that it was sent. It is not evidence that they received it.
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
  • Pearla*Merle
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    Thought I'd boost this up again, as I've had a similar sort of problem with Lovefilm and wanted to warn others about their underhand tricks.

    My situation is that I phoned up to cancel my account. I used to adore Lovefilm, and intended to return to them in the future but absolutely no way will I go back to them after this! I asked at least three times if my account was completely cancelled and wouldn't be charged anything again, that I didn't want my account to be on holiday, I wanted it completely cancelled and the guy said yes, it was. Then today I received an email saying my account was only on holiday and was about to reactivate and they would resume billing me. So once again I had to phone them to cancel it. Luckily I caught the email literally just in time before they charged me for a service I thought was already cancelled! (Though I can't help but wonder if they'll sneakily take some sort of payment from me... you can't help but get that impression!).

    So - beware. Make sure you FORCE them to cancel it, and to send you an email/letter confirming that it's cancelled! You might have to keep phoning them until they do. :(

    I wanted to ask - does anyone know if there's an ombudsman I can complain to about them? Because I can't see how what they're doing is allowed? If I say I want to cancel something they should surely cancel it?!
    a penny picker upper. MFW approx 78% to go | FIRE 3 years worth (30% savings rate: now aiming for 40%!) | Normality is a paved road; it's comfortable to walk, but no flowers grow on it | Whatever you're meant to do, do it now. The conditions are always impossible | The only thing you absolutely have to know, is the location of the library
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
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    I managed to easily cancel. But, jeez, they don't half spam you afterwards! They've written to me three times already and I've only just cancelled.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • fred7777
    fred7777 Posts: 677 Forumite
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    Do I have any rights to get my money back?
    Yes you do, if you can find anything to back this up.

    I had similar problems cancelling Ilovefilm. They continued to charge without sending out any DVDs for two months. When I complained they told me that although I had cancelled I had not "completely cancelled" and I wouldn't get my money back as per their "terms and conditions" When I asked them to point out where in their T&C's this was stated they refunded me!

    Do you have any records of cancellation? Although they ask you to phone to cancel it's always useful to email as well so their is a record. Also do I love film email to say they have received discs back and do you still have those emails?
  • vicmorrow
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    It's easy to cancel Lovefilm online and the confirmation of cancellation is emailed to you.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    fred7777 wrote: »
    Yes you do, if you can find anything to back this up.

    I had similar problems cancelling Ilovefilm. They continued to charge without sending out any DVDs for two months. When I complained they told me that although I had cancelled I had not "completely cancelled" and I wouldn't get my money back as per their "terms and conditions" When I asked them to point out where in their T&C's this was stated they refunded me!

    Do you have any records of cancellation? Although they ask you to phone to cancel it's always useful to email as well so their is a record. Also do I love film email to say they have received discs back and do you still have those emails?

    The OP is 6 months old ;) It was someone else who bumped the thread by adding to it today :)
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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