Statute Barred - does logging in to online account constitute acknowledgment?

[qwerta369]

Hello,

It is alleged that a debt exists to a well-known online auction site, and that company have instructed collection of the "debt" by a DCA. The DCA have emailed me today to request that I call them. I haven't done so. My email address (which is one that I rarely use these days) is the only method of contact that they have for me. Any phone number they have is no longer in use and I have moved home also.

I have logged in to my online account for this auction site (incidentally, it's an account that I've not used for many years - I have a new account under a new address / phone number) and I have seen that the date of last payment was early 2006. So I believe it is Statute Barred.

My question is, does logging in to my online account and viewing the account balance (either today or on possible previous occasions within the past 6 years) constitute acknowledgment of the "debt", thus resetting the Statute Barred clock?

[Undercover Elsa]

Re: Statute Barred - does logging in to online account constitute acknowledgment?

Hi Qwerta
I wouldn't think so. Rule of thumb is only a clear written acknowledgement or payment by yourself can reset the Statute of Limitations.

Elsa x

[Never-In-Doubt]

Re: Statute Barred - does logging in to online account constitute acknowledgment?

Tell eBays pit-bulls to get fucked. Back then they had no right to share/sell your data.

I'd not be overly worried about this

[Never-In-Doubt]

Re: Statute Barred - does logging in to online account constitute acknowledgment?

Plus they're based in Luxembourg and not registered in the UK hence they had few, if any rights!!

I'd ignore the dca that's chasing you. See what happens, but keep us updated. You've little to worry about assuming these are eBay fees we're talking about...?

[qwerta369]

Re: Statute Barred - does logging in to online account constitute acknowledgment?

..assuming these are eBay fees we're talking about...?

They are. Wasn't sure if I was allowed to name the company.

Thanks everyone for the advice.

So, interestingly, you're saying that in 2006 they had no right to share / sell my data anyway (but they can now)? What changed between then and now, and does it affect me?

[ScabHunter]

Re: Statute Barred - does logging in to online account constitute acknowledgment?

My question is, does logging in to my online account and viewing the account balance (either today or on possible previous occasions within the past 6 years) constitute acknowledgment of the "debt", thus resetting the Statute Barred clock?

As everyone else has already said, no, double no and treble no. The Limitation Act 1980 is absolutely clear that only a written acknowledgement or payment will restart the clock.

Even if logging in did constitute an acknowledgement of the alleged debt, the act of logging in AFTER the expiration of six years would have no effect. Once the limitation clock has expired, it cannot be reset.

If this email account which you hardly ever use is a free web based account, I would just delete it and open a new one. Eventually, the silly messages will bounce back to the sender. If it is a domain email, you can use the free version of Mailwasher to send a message which makes it appear as though the email has bounced.

Before you close any accounts, take a print of the page which shows the last payment as early 2006. If they ever start harassing you through the snail mail, you can send them that as evidence should they not accept the statute barred template.

SH