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.

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

Request for Information

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.