Acknowledgement of debt query?

alfredpaws

Hello

Looking for advice on the following matter. I had both a current account and credit card with the same high street bank.

In 2007 I had money troubles, I had a default notice served on the credit card in November 2007. Since the default date I have never personally acknowledged the debt in writing or provided payment against the credit card debt.

However in late 2009 the bank took money from by current account and allocated against my credit card debt, this was without my knowledge or approval but I guess acceptable in practice as my current account was held by the same bank as the credit card.

My query is whether the payment taken from bank account and allocated to the credit card debt counts as acknowledgement of the debt and resets the 6 years until statute barring would become effective, even though the bank initiated the payment and not myself.

Any advice greatly appreciated.

fermi

May depend on whether there was anything in the T&Cs of the account that mentioned a right of set off between the accounts, above and beyond their general legal right to do so.

If you had somewhere agreed that they could do that in T&Cs, then to quote a well known legal textbook......

A part payment may be sufficient if it is made by the creditor to himself by agreement with the debtor, out of the debtor's funds in the creditor's hands.

I would call National Debtline on 0808 080 4000 to see what they think.

FireWyrm

fermi wrote: »

A part payment may be sufficient if it is made by the creditor to himself by agreement with the debtor, out of the debtor's funds in the creditor's hands.

Seems you did not agree....

alfredpaws

FireWyrm wrote: »

Seems you did not agree....

Thanks for the replies

No I did not agree, in fact it took me a long time back in 2009 to work out where the money had gone.

My main concern is whether this acknowledges the debt, hopefully without my consent it does not.

The debt was actually sold in Oct 2010 to a DCA so they may or may not have a record of this payment that was taken from my account. Is it worth sending the statute barred letter to them and hoping it will work?

stevemLS

FireWyrm wrote: »

Seems you did not agree....

To be devil's advocate, agreement to the Terms and Conditions, if there was a contractual right of set off, may be sufficient agreement for this purpose.