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.

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?

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?

Right, I'm sending a reply off tomorrow using the letters on those threads as templates (thanks coledog!). Will post here again if they respond.

Unfortunately, I did make a handful of payments and there hasn't been a 6 year gap.

Thanks for the advice! I have looked through some of these pages already and will draft something similar based on these. Do you think I should mention the fact that the document they have sent appears to be fake?

Hello. This is my first post here, but I've been reading this forum for some time and would like to start by thanking this site and its members whose advice I have found invaluable. I recently sent a CCA request to Cabot after they claimed to have bought an old RBS credit card debt of mine. They initially responded to the request by saying they were experiencing a delay but would be contacting me as soon as they could supply a copy of the credit agreement. Now (nearly five months later), they have sent me what they call a "reconstituted agreement" and claim the debt is now enforceable. This "reconstituted agreement" consists of only two pages. The first page is a copy of a letter RBS (supposedly) sent to me when they sent a replacement credit card. The second page appears to be the current RBS credit card terms and conditions, not the terms and conditions from the year this agreement was made. The account in question was opened in 1994 and was closed in 1998. I have not had a credit card of any kind since then. The "replacement RBS credit card" letter Cabot have sent me seems suspicious. It doesn't include a date (so I've no idea when it was supposed to be sent), and it doesn't include RBS's address or even a letterhead to suggest it is actually from them. This seems a bit strange, but what is really peculiar is that the letter is supposed to be from someone called Matt Mongoven. A little research shows that Mr Mongoven only joined RBS in 2005 and wasn't involved in customer management until 2007. Cabot themselves have said (in a statement of account) that they bought the debt in 2004. So, the account was closed 13 years ago and Cabot bought the debt 7 years ago, yet I'm supposed to believe that RBS sent me a replacement card for this account in the last 4 years after a decade of no contact, completely out of the blue? I have never seen this letter before in my life and I certainly haven't received any credit cards from them or anyone else in over a decade. I'm certain this is not a genuine document but I don't know what I should do. The letter and the T&Cs are attached below (the only bits blocked out are my name, address, card number and several barcodes. I have seen some letter templates on this site for when DCAs send reconstituted agreements, but I'd really appreciate some advice if anyone has any. I have heard that reconstituted agreements might comply with a CCA request, but would this one comply (even if it were real)? If it does comply with a CCA request, would it also make the debt enforceable? What should I do? Cabot 1.pdf Cabot 2.pdf