Acknowledgement of debt query?

A question about : Acknowledgement of debt query?

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.

Best answers:

• 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......
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