By Hamid Ali, Founder of DebtShift · Updated October 16, 2026 · United Kingdom

A letter turns up about an overdraft you stopped using years ago, and the balance is bigger than you remember. Before you reply to it, read this, because a careless reply can undo years of time passing.

Short answer: In England and Wales, many unsecured debts, including overdrafts, become statute barred six years after the relevant date, which means the creditor cannot enforce them with a court order. The debt still exists. A payment or a written admission can restart the clock, so check your dates and ask for the creditor’s records before you reply. Free help: StepChange, 0800 138 1111.

Check if my debt is statute barred

The four-point test

Debt Camel gives a simple test for unsecured debts. All four need to be true (Debt Camel):

  1. More than six years since your last payment.
  2. The creditor’s right to sue arose more than six years ago.
  3. No written acknowledgement of the debt in that time.
  4. No CCJ obtained by the creditor.

Step two is where overdrafts get slippery. We could not find a source that fixes the overdraft start date, so the sources point you towards the creditor’s records instead (StepChange). If you are also thinking about a mortgage, our old defaulted overdraft and mortgage guide covers that side.

How you can accidentally restart it

Paying even a small amount inside the six years restarts it. So can a written admission. National Debtline says the effect depends on what you say and how you write, so do not send a letter saying “I know I owe this” (National Debtline). Debt Camel suggests a “prove it” letter worded so it does not acknowledge the debt if you do not recognise it (Debt Camel).

Know your rights with collectors

If you believe it is barred

StepChange suggests writing to the creditor to say you will not pay, ask them to stop contacting you and ask for proof of the debt, and says not to start paying until they show it (StepChange). Keep copies. If they keep demanding payment after you say it is barred, National Debtline points to FCA rules (CONC 7.15) and complaint routes (National Debtline). For the wider picture of how long a collector can keep trying, see our guide to how long a collector can pursue you.

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Before you panic, read these

Can they still chase an overdraft from years ago?

Possibly. StepChange lists overdrafts among debts that can be statute barred in England, Wales and Northern Ireland, and says the debt then cannot be enforced by a court order but still exists (StepChange). Other collection methods may still be possible, so the debt is not written off.

When does the six years start for an overdraft?

The sources we read do not give a single overdraft rule. StepChange says the start can be your last written acknowledgement, the last payment, or the earliest date the creditor could start court action, usually the default date (StepChange). National Debtline says it is usually when the agreement allows court action, and with some agreements that is after a default notice has expired (National Debtline). Debt Camel says overdrafts have always been complicated because there are no regular payments (Debt Camel). Ask the creditor for its records.

What restarts the clock?

A payment towards the debt within the six years, or a written admission of the debt. National Debtline says a payment by a joint borrower restarts it for both, while a written admission restarts it only for the person who wrote it (National Debtline). Debt Camel says phone calls do not count as acknowledgement (Debt Camel).

Is a debt statute barred if I never got a letter for years?

Not automatically. Silence from the creditor is not on the lists of start dates above. Check your own payments and any written acknowledgement first, and ask the creditor to show its records (StepChange). Under FCA rules, National Debtline says a firm must not try to recover a statute-barred debt if it has not been in contact during the limitation period (National Debtline).

Will it still show on my credit file?

It can. StepChange and National Debtline both say a statute-barred debt can still appear on your credit file and may make future credit harder to get (StepChange) (National Debtline).

What if I get a court claim form?

Never ignore it. StepChange says to respond and tell the court the debt is statute barred, after which the creditor must prove it is not (StepChange). National Debtline adds that a CCJ has no limitation period for enforcement, though bailiffs need court permission if it is over six years old (National Debtline).

Is Scotland the same?

No. StepChange says Scotland uses five years and the word prescribed, and that for FCA-regulated consumer debts the debt no longer exists by law once prescribed (StepChange). This page covers England and Wales.

Where can I get free help?

StepChange offers free debt advice on 0800 138 1111.

Disclaimer: DebtShift is an educational platform operated by H Ali Logistics Ltd, which is not authorised or regulated by the Financial Conduct Authority (FCA). This article is general education, not financial or legal advice. For free, impartial debt advice, contact StepChange on 0800 138 1111.

Sources

Last reviewed October 2026

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