Banking · Right of Set-off Conditions
A Judgment Creditor argues that a set-off against Current Account X was invalid because the Overdraft Account Y was simply irregular and not formally recalled on the date the Garnishee Order (GO) was served. Which key legal condition validates the bank's decision to exercise the Right of Set-off?
- 1The OD account must be declared NPA for the set-off right to be exercisable.
- 2The bank must have issued a formal notice of set-off to the customer before the GO was received.
- 3The fact that the OD account was irregular means the debt was legally 'due' and payable, allowing the bank to invoke the contractual right of set-off immediately.✓
- 4The set-off is only valid if the GO was for a smaller amount than the OD debit balance.
Correct answer
The fact that the OD account was irregular means the debt was legally 'due' and payable, allowing the bank to invoke the contractual right of set-off immediately.
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