Subscription cancelled and now a demand after 19 months.
February 9, 2012 | 25,00 EUR | answered by Bernhard Müller
Dear Sir or Madam,
in June 2010, I signed up for a trial subscription on the internet, which automatically renewed after 3 days. I cancelled in time and did not receive any further emails, reminders, or the like. Yesterday, after 19 months, I received a letter from National Inkasso on behalf of webbilling.B.V, demanding payment for the subscription. I am now being asked to prove that I cancelled...after 19 months???? Unfortunately, I no longer have the email correspondence from back then on my PC.... Is it legal to demand proof of cancellation after 19 months? Thank you for your answers.
Sincerely,
Stefanie P from Munich
Dear questioner,
the statute of limitations is 3 years according to § 195 BGB. According to § 199 BGB, this period starts at the end of the year in which the claim arose. Therefore, claims from June 2010 expire at the end of 31.12.2013. As long as the claim is not time-barred, payment can be demanded or proof of termination can be requested.
However, you have a 14-day right of withdrawal according to § 312d BGB in conjunction with § 355 BGB. The deadline only starts after notification.
Based on your description of events, an extension of 3 days, it can be assumed that you were not informed about the right of withdrawal. In that case, the deadline would not have started either.
Therefore, write:
"I terminated the contract on .. June 2010. Alternatively, I revoke the contract. I was never informed about my right of withdrawal."
Then the other party has to prove if and when they informed you. If they fail to provide evidence, you do not have to pay.
Only if the other party can prove that you were properly informed, you either have to prove that you terminated the contract or pay.
Was what you subscribed to actually delivered? This also needs to be proven by the other party. You may argue that since the termination was received by the other party, and they stopped delivering and did not issue any invoices in 2010, that should be taken as evidence.
Best regards
Bernhard Müller Attorney
