Credit & Debt Guides UK — Get Out of Debt, Build Credit, Take Control
Statute Barred Debt UK — When Old Debts Become Unenforceable
Guide to statute barred debt in the UK. When debts become legally unenforceable, how to check, and what to do if collectors chase old debts.
Old debts can become unenforceable after a certain time. Here’s how statute barred debt works and what it means for you.
What Is Statute Barred?
The Basic Rule
| Region |
Limitation Period |
| England & Wales |
6 years |
| Scotland |
5 years |
| Northern Ireland |
6 years |
When Time Starts
| The clock runs from |
Details |
| Last payment |
Date you last paid anything |
| Last written acknowledgment |
Date you last admitted owing in writing |
| Whichever is later |
Of the above |
What It Means
| If Statute Barred |
Creditor Cannot |
| Take you to court |
For the debt |
| Get a CCJ |
Against you |
| Use bailiffs |
To collect |
| But they can |
Still ask you to pay |
How to Check If a Debt Is Statute Barred
Step-by-Step
| Step |
Action |
| 1 |
Find out when you last paid |
| 2 |
Find out when you last acknowledged debt in writing |
| 3 |
Calculate 6 years (or 5 in Scotland) from later date |
| 4 |
If that date has passed = likely statute barred |
Example
| Event |
Date |
| Last payment |
March 2018 |
| Last written acknowledgment |
None since |
| 6 years from March 2018 |
March 2024 |
| Current date |
March 2026 |
| Status |
Statute barred |
What Counts as Acknowledgment
| Does Restart Clock |
Doesn’t Restart Clock |
| Making a payment |
Receiving letters |
| Written confirmation you owe it |
Phone calls (unless recorded and you admit) |
| Agreeing a payment plan in writing |
Asking for information about the debt |
| Offering to pay |
Disputing the debt |
Different Debts, Different Rules
Standard 6-Year Debts
| Debt Type |
Limitation |
| Credit cards |
6 years |
| Personal loans |
6 years |
| Store cards |
6 years |
| Overdrafts |
6 years |
| Catalogue debts |
6 years |
| Utility bills |
6 years |
| Phone contracts |
6 years |
Special Cases
| Debt Type |
Limitation |
Notes |
| Mortgage shortfall |
6 years (unsecured part) |
12 years for secured |
| Council tax |
No limitation |
Never statute barred |
| Tax debts (HMRC) |
Varies |
Often no limitation |
| Benefit overpayments |
No limitation |
Can always be recovered |
| CCJ debts |
6 years from judgment |
But CCJ itself can be enforced longer |
| Magistrates court fines |
No limitation |
Criminal, not civil |
Scottish Differences
| In Scotland |
Rule |
| Limitation period |
5 years |
| Called |
“Prescriptive” |
| After 5 years |
Debt is extinguished (not just unenforceable) |
| Meaning |
You no longer legally owe it |
What Debt Collectors Do
Common Tactics
| Tactic |
Why They Do It |
| Send letters |
Hope you’ll pay |
| Phone calls |
Pressure to pay |
| Threaten court action |
Intimidation (may be illegal if statute barred) |
| Offer discount |
Hoping small payment restarts clock |
| Add interest/charges |
Make debt seem larger |
What’s Not Allowed
| If Debt Is Statute Barred |
Collector Cannot |
| Threaten court action |
Misleading |
| Imply legal consequences |
If there are none |
| Not tell you it’s statute barred |
When you ask |
| Harass you |
Ever (FCA rules) |
What To Do If Chased for Old Debt
If You Think It’s Statute Barred
| Step |
Action |
| 1 |
Don’t admit you owe it (yet) |
| 2 |
Don’t make any payment |
| 3 |
Ask for proof of the debt |
| 4 |
Check your records for last payment/acknowledgment |
| 5 |
If statute barred, send a statute barred letter |
| What to Ask |
Purpose |
| Copy of original agreement |
Prove debt exists |
| Statement of account |
Show payment history |
| Details of any payments |
Calculate limitation |
| How they calculated amount |
Check for errors |
Writing a Statute Barred Letter
| Include |
Details |
| State |
You believe debt is statute barred |
| Date |
Of last payment/acknowledgment |
| Reference |
Limitation Act 1980 |
| Request |
They stop contacting you |
| Keep |
Copy for your records |
Template Points
Key phrases to include:
- “I believe this debt is statute barred under the Limitation Act 1980”
- “My records show the last payment was on [date], more than 6 years ago”
- “I have not acknowledged this debt in writing within the limitation period”
- “Please confirm you will not pursue this debt further”
- “I do not acknowledge liability for this debt”
Warning: Don’t say “I owe this but it’s statute barred” — that could be written acknowledgment.
What If They Still Chase You?
Escalation Options
| Step |
Action |
| 1 |
Complain to the company |
| 2 |
Complain to Financial Ombudsman (if FCA regulated) |
| 3 |
Report to FCA |
| 4 |
Get debt advice |
If They Issue Court Claim
| What to Do |
Details |
| Don’t ignore it |
Must respond within 14 days |
| File defence |
“Debt is statute barred under Limitation Act 1980” |
| Court will likely |
Dismiss the claim |
| You may recover |
Costs if claim was vexatious |
Credit File and Statute Barred Debt
How It Works
| Aspect |
Rule |
| Default |
Drops off after 6 years |
| CCJ |
Drops off after 6 years |
| Neither depends on |
Statute barred status |
| After 6 years on file |
Not visible to lenders |
Timeline Comparison
| Event |
Credit File |
Statute Barred |
| Default registered |
Shows for 6 years |
Clock starts |
| 6 years pass |
Drops off credit file |
Becomes statute barred |
| After 6 years |
Clean credit record |
Unenforceable |
Should You Pay Statute Barred Debt?
Reasons You Might
| Reason |
Consideration |
| Moral obligation |
You did borrow the money |
| Peace of mind |
Stop contact |
| The amount is small |
Worth it to end hassle |
| You want to |
Personal choice |
Reasons Not To
| Reason |
Consideration |
| Legally unenforceable |
They can’t make you |
| Not on credit file |
No score impact |
| Revives the debt |
If you pay anything |
| Money better used |
For current priorities |
If You Choose to Pay
| Action |
Why |
| Get “full and final settlement” in writing |
Before paying |
| Pay by method with proof |
Keep evidence |
| Check it’s removed from any records |
Get confirmation |
Special Situations
Joint Debts
| Rule |
Details |
| Each person |
Separate limitation |
| If one pays/acknowledges |
Only their clock restarts |
| Other person’s clock |
Continues independently |
Deceased Person’s Debt
| Situation |
Rule |
| Do you inherit the debt? |
No (generally) |
| Can estate be chased? |
Yes, for 6 years from death |
| Are you liable? |
Only if you were joint debtor |
Debt Sold to New Company
| Question |
Answer |
| Does sale restart clock? |
No |
| New company’s rights |
Same as original |
| Still must prove |
Original agreement |
Summary: Statute Barred Checklist
| Check |
Action |
| When did you last pay? |
Find any records |
| Did you acknowledge in writing? |
Check correspondence |
| Has 6 years (5 Scotland) passed? |
Calculate date |
| Is debt type covered? |
Not council tax, HMRC, etc. |
| Have you been chased? |
Don’t pay or acknowledge |
| What to do |
Send statute barred letter |
Key Rules
| Rule |
Importance |
| Don’t pay anything |
Restarts the clock |
| Don’t confirm you owe it in writing |
Also restarts clock |
| Do ask for proof |
Doesn’t restart clock |
| Do check your records |
Evidence of last payment |
| Do get advice if unsure |
StepChange, Citizens Advice |
If you’re being chased for old debt, get free advice before responding. One wrong letter can restart 6 years of liability.
You Might Also Find Useful