Credit & Debt
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.
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5 min read
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.