Overdue Account

LooeyUK · 24-05-2005, 18:27

Hiya.

Basicly, i received a letter from C.A.R.S. on the 20th May 2005.

It states that I owe Love Film - Online Rentals 89.96. The letter also states that several account reminders have been sent to me requesting payment but with no response from me.

I have checked my email, and the only emails I have ever received from LoveFilm is about 20odd emails advertising films to rent, and 1 email requesting a new password!!

So i gave C.A.R.S. a ring today. Basicly said that I have only ever used the service for the Free service. I think i did leave it for 1 month but then I would have cancelled.

LoveFilm have my telephone number, why didnt they call me? I didnt use the service so why charge me? As the bloke on the phone from C.A.R.S. said, its like a mobile phone contract, if you dont use the phone, you still have to pay monthly fees.

He said the declined payments were because of a expired credit/debit card.

The payments go right back to May 2004!!! A year ago!!

Gave LoveFilm and ring the other day and they said they cannot dicuss this matter with me, i need to get in contact with C.A.R.S.

I didnt get no where with them. They must be trained to bully people into paying.

So, does anyone know what i should do? What actions I should take?

Chris W · 24-05-2005, 19:09

I am sure there was another thread recently about LoveFilm....

*searches*
__________________

lol just found it... you started it didn't you!? oops......

Chimaera · 24-05-2005, 19:09

There you are:
http://www.cableforum.co.uk/board/sh...99&postcount=1

LooeyUK · 24-05-2005, 19:10

Oh yeah... wooops... could we leave this one open as this one is more detailed.

Bex · 24-05-2005, 19:12

when did you actually cancel your account with them? is it part of their blurb that you pay a monthly fee?

LooeyUK · 24-05-2005, 19:14

i cant remember exactly because it was so long ago. this time last year infact.

Bex · 24-05-2005, 19:21

Quote:

Originally Posted by LooeyUK

i cant remember exactly because it was so long ago. this time last year infact.

but how long from the "free" service to the paying service?

Graham · 24-05-2005, 21:56

Quote:

Originally Posted by LooeyUK

So i gave C.A.R.S. a ring today. Basicly said that I have only ever used the service for the Free service. I think i did leave it for 1 month but then I would have cancelled.

First question is *did* you actually cancel the service and do you have acknowledgement of that?

Secondly did they charge money to your card before the time that the card expired?

You may find that your cancellation (if there was one) wasn't actioned, or that you forgot to do it, meaning that the clause in their T&Cs that says "At the end of your free trial period (after your 6th disc or 14 days, whichever is the sooner) you will automatically become a LOVEFiLM member and will start to benefit from unlimited rentals." effectively meaning "if you don't cancel you're automatically agreeing to let us charge you".

Quote:

LoveFilm have my telephone number, why didnt they call me?

Because they're not obliged to. Whether they sent you e-mails or not and whether you got them or not is another matter.

Quote:

I didnt use the service so why charge me? As the bloke on the phone from C.A.R.S. said, its like a mobile phone contract, if you dont use the phone, you still have to pay monthly fees.

As mentioned above, if you don't cancel you get signed up by default.

Quote:

Gave LoveFilm and ring the other day and they said they cannot dicuss this matter with me, i need to get in contact with C.A.R.S.

I'm not sure about this one. Debt collection can be tricky.

Quote:

I didnt get no where with them. They must be trained to bully people into paying.

Well, that's how they make their money!

Quote:

So, does anyone know what i should do? What actions I should take?

I'd suggest contacting your local Citizens Advice.

Unfortunately it may turn out that you did sign up by default, however don't let them browbeat you into agreeing to pay anything without checking your rights first.

SMHarman · 25-05-2005, 01:18

Did you change your email address, why would they not advise you that the card was not charged, that is what happened with me and screen select when my card expired, polite email pointing out they could not charge and would not send any more dvds until I updated my payment details.

LF will not discuss with you as they have sold your debt, so don't owe you money. CARS paid them for it now collect it from you, that is why this will get messy.

You need to establish why LF did not contact you earlier (by email) if they did not then they are not in as strong a position

Shaun · 25-05-2005, 02:09

Quote:

Originally Posted by SMHarman

Did you change your email address, why would they not advise you that the card was not charged, that is what happened with me and screen select when my card expired, polite email pointing out they could not charge and would not send any more dvds until I updated my payment details.

What amazes me with this sort of company (like those pesky book clubs that once you've signed up never let you alone, EVER) is why when they have no means of charging the customer do they allow the customer to continue using the service? They must have continued with the service for several months (other wise why are they charging him for several months use!) after they found out they couldn't take the payment.

I would have thought a responsible company (not one trying to swindle people out of money) would have suspended the account as soon as they realized the account was not being paid and was dormant and then sent a letter (not an email as there is no proof that they've been recieved). Seems like another badly run company to me. If the customer had been out to run up a debit and had moved house or whatever the company would end up writing a load of unnessacary debit off!

Glad I threw the offer of free rentals that came with my Sony telly in the bin now!

etccarmageddon · 25-05-2005, 06:21

they cant just let a debt accumilate over a year and then demand it via a debt collection agency - ask for copies of debt reminders/red letters as you need proof that love film made reasonable attempts to contact you.

I think if they cant show this then your argument is that lovefilm have deliberately engineered a situation where you would become in debt to them. I would also ask for proof that they contacted you when your credit card details initially bounced - if they cant supply this then I would tell them that you believe there is no debt in existance because the problem is due to lovefilm's accounting department's inadequate/incompetent procedures.

Ask lovefilm what their policy is re debt collection. If they cant supply one or tell you some crap about how they dont chase debts then that might help your case.

there's a thread on another forum re lovefilm which has their CEO/managing directors email addresses - pm me if you want it.

I have also read lovefilm are throttling usage for their 'unlimited' service which I'm currently subscribed to and a lot of people may not be happy with them right now!

etccarmageddon · 25-05-2005, 18:47

ok, I've pmed you the email address. I've also done a bit of looking around DVD sites and there's a pattern - it appears a number of people are being chased for old debts to lovefilm and also a general load of moans about the service standard from lovefilm.

now from my experience they've been good so I'm not about to slag them off but the level of complains does raise concern and the pattern of using this debt collection agency isnt impressive.

http://www.dvdrr.com/reviews/LoveFilm.html

LooeyUK · 25-05-2005, 19:00

Thanks for the link. I will inlcude those comments when i send the letter off to C.A.R.S.