By Hamid Ali, MSc Accounting & Finance, Founder of DebtShift · Updated October 21, 2026

The call comes from a number you don’t know, about a debt you thought died years ago, and the first thing you say could bring it back to life.

Statute barred debt is one of the few areas of UK debt law where the wrong small action, a £5 payment or a friendly email, makes things worse. So check the dates before you speak to anyone.

Short answer: In England, Wales and Northern Ireland a debt is statute barred when six years have passed with no payment and no written acknowledgement from you. The creditor can no longer win a court claim, but the debt still exists. In Scotland it is five years, and the debt is wiped out. Don’t pay, promise or sign anything until you have checked your dates.

This page covers England and Wales. Northern Ireland follows the same six years under its own law, and Scotland is covered further down. For the wider picture see our complete guide to paying off debt.

Check if my debt is statute barred

How the six years are counted

The basic rule is the Limitation Act 1980: a claim on an ordinary contract, which includes credit cards, loans and overdrafts, must be brought within six years (section 5). The clock runs from the most recent of these three dates, according to StepChange:

  1. The last time you acknowledged the debt in writing. That means a signed letter or email that doesn’t dispute it. Letters from the creditor don’t count, and neither do your own letters disputing the debt.
  2. The last payment made by you or anyone responsible for the debt, including a payment made through a debt management company.
  3. The date the creditor could first have taken court action, usually when the account defaulted. For most consumer credit that is about 14 days after a default notice.

Acknowledging or paying before the six years end starts them again (section 29). That is why a small goodwill payment can do real damage.

A worked example with invented dates

The same old catalogue debt, four different histories. The dates are made up to show the method; yours will differ.

What happenedClock restarts?Barred from
Last payment 20 March 2019. Nothing since, apart from letters from the creditor.No20 March 2025
Same debt, but a £10 payment on 12 November 2022 to get the calls to stop.Yes12 November 2028
Same debt, but a signed email on 5 June 2023: “I’ll sort this soon.”Yes5 June 2029
Same debt, but you wrote in 2023 disputing it and asking for proof. No payment.No20 March 2025

Illustrative. Barred from means the date six years after the clock last started. Always confirm with the creditor’s records or free advice.

Look at row two. The £10 bought a few quiet weeks and cost nearly four extra years. The payment can’t be undone, which is why people who are chased should talk to advice before they talk to the creditor.

Check my rights with debt collectors

What counts as acknowledging a debt, and what doesn’t

Restarts the six yearsDoes not restart the six years
Any payment, even a small part payment. A payment through a debt management company counts too.Letters the creditor sends you.
A signed letter or email that does not dispute the debt. You do not need to write that you accept it.Your own letter disputing the debt, for example saying the amount is wrong.
On a joint debt, a payment by either of you. Only the person who signed counts for a written acknowledgement.Asking for your payment records or checking your bank statements.

Check the dates before you reply to anything. If a call or letter makes you unsure, ask the creditor for a statement showing the last payment, then decide. Sources: StepChange and National Debtline (England and Wales).

Two clocks, not one

ClockLengthWhat it controls
Court action (limitation)6 years in England, Wales and NI; 5 in ScotlandWhether the creditor can win a court claim
Credit file6 years from the date the default was registeredWhether lenders can see the default

Sources: StepChange, FCA Handbook, ClearScore. They start on different dates, so one can end years before the other.

A barred debt can still sit on your credit file, according to StepChange, which can make credit harder to get. A default can drop off your file while the debt is still enforceable if the clock has been restarted. Treat them as two separate dates. If your issue is a court judgment, see how long a CCJ lasts and what a rent CCJ does to your file.

What to do when the letter arrives

  1. Don’t pay anything, don’t agree a plan and don’t sign anything yet.
  2. Find your dates: old bank statements, your credit file, the original default notice.
  3. If six years look to have passed, write to the creditor saying you won’t pay, asking them to stop contacting you and asking for proof of the debt. StepChange has a free template letter. Our what happens if I stop paying page covers the wider consequences.
  4. If a court claim form arrives, respond anyway. Tell the court the debt is statute barred. The creditor then has to prove it isn’t.
  5. If you are unsure, ring StepChange free on 0800 138 1111 before you reply.

Scotland and Northern Ireland, side by side

England and WalesScotlandNorthern Ireland
Time limit for credit cards, loans, overdrafts6 years5 years6 years (StepChange groups it with England and Wales)
When the time is upThe debt still exists but a court will not enforce it.The debt is extinguished. It no longer exists in law.Not enforceable by court order. Creditors may still ask you to pay.
What restarts the clockA payment or a written acknowledgement.A payment or a written admission.Same as England and Wales, per StepChange.
Payment after the time is upMay restart the clock.Does not restart it. You may be able to argue for a refund.No separate guidance published by StepChange or National Debtline.

Scotland has a second, longer clock of 20 years for other debts such as court decrees, council tax and HMRC debts, and payments do not reset it. A creditor can ask once for a 12-month extension, but only after the five years have started and you do not have to agree. Changes from 28 February 2025 do not revive a debt that had already expired. Neither National Debtline nor StepChange publishes separate Northern Ireland rules beyond the six years, so take advice before relying on a date there. Source: National Debtline (Scotland).

If court papers arrive

Answer them, even if you are sure the time has run out. Ignoring a claim can end with an order against you that is hard to undo. Fill in and return the forms, and tell the court the debt is time-barred. The creditor then has to prove it is not. If they cannot, the claim should be dismissed. Extra court fees may apply.

Before you rely on the six years, check whether court action has already been taken. A judgment is treated differently: there is no limit on enforcing it, though a creditor needs the court’s permission to use bailiffs on one that is more than six years old. You can look for judgments on your credit files or the Registry of Judgments, Orders and Fines. If a judgment was made after the six years had passed, you can ask the court to set it aside so you can raise the time limit as a defence.

A letter you can send

Use this only if you are sure no payment or written acknowledgement has happened in the last six years and no court claim has been made. It disputes the debt, so it does not restart the clock. Send it by post with proof of postage and keep a copy.

[Your name and address]

[Date]

[Creditor or collector name and address]

Account reference: [number]

Dear Sir or Madam,

I am writing about the account above. I do not accept that this debt can be enforced. More than six years have passed since I last made a payment or acknowledged this debt in writing, and no court claim has been made, so it is statute barred under the Limitation Act 1980.

Please send me the date of the last payment and the date of any written acknowledgement you rely on. Please stop contacting me about this debt. This letter is not an acknowledgement of the debt and I am not promising to pay it.

Yours faithfully,

[Your name]

In Scotland, replace the Limitation Act sentence with: “the debt has prescribed under the Prescription and Limitation (Scotland) Act 1973 and no longer exists”, and use five years. National Debtline also publishes a free sample letter called “Time has run out to recover the debt”. Not legal advice: for your own case call National Debtline free on 0808 808 4000. Last checked against National Debtline and StepChange on 21 October 2026.

What collectors are not allowed to do

The FCA’s rules for firms (CONC 7.15) are blunt. A firm must not say or suggest you could face court action for a debt it knows, or should know, is barred (FCA Handbook). It must stop demanding payment once you tell it you won’t pay because of the time limit. And in England, Wales and Northern Ireland it must not try to recover a barred debt if the lender has had no contact with you during the six years. If any of that happens, keep the letter or note the call and make a complaint.

Debts that don’t follow the six-year rule

StepChange lists several that don’t: HMRC debts, mortgage shortfalls (up to 12 years after the first default notice) and debts already covered by a court judgment. Benefit overpayments can also be recovered by deduction. In Scotland, the debt is extinguished after five years if no claim was made and you didn’t acknowledge it. If you have debts that are not barred and can’t pay them, our Bankruptcy and DRO Checker shows whether a formal option fits.

See what happens if I stop paying

The questions behind the question

Can they still ring and write to me if the debt is statute barred?

They can ask, because in England and Wales the debt still exists. But once you tell a firm you won’t pay because the debt is statute barred, the FCA’s rules say it must not carry on demanding payment (FCA Handbook, CONC 7.15.8). Say it in writing and keep a copy. If the calls carry on, our Know Your Rights tool shows what is allowed.

I paid a tiny amount last year to get them off my back. Is the debt dead now?

That payment probably restarted the six years, so the new clock runs from the payment date. If the six years had fully run out before you paid, section 29 of the Limitation Act says a right that is already barred can’t be revived (legislation.gov.uk). But the creditor may argue about the dates, so ring StepChange on 0800 138 1111 (free) before you reply to anyone.

Does a statute barred debt disappear from my credit file?

Not on its own schedule. A default stays on a UK credit file for six years from the date it was registered, whether or not you pay (ClearScore). That is a separate clock from the six years for court action, and they often start on different dates. The debt can be barred and still show on your file, or be off your file and still be enforceable.

Can I still get a County Court Judgment (CCJ) for a statute barred debt?

The creditor can try, but if you respond and tell the court the debt is statute barred, it must prove it isn’t, and the claim should be dismissed (StepChange). The risk is ignoring the paperwork. If you already have a CCJ, that is a different matter: see how long a CCJ lasts.

I don’t know when I last paid. How do I find out?

Don’t guess, because guessing wrong in either direction costs you. Check old bank statements and your credit file, then ask the creditor in writing for its records of your payments and the default date. The Statute Barred Checker walks you through the dates.

My debt was sold to a debt buyer. Does it get a fresh six years?

No. A sale doesn’t reset the clock. The FCA’s rules require firms that sell debts to flag the ones they know are statute barred to the buyer (CONC 7.15.9), which only makes sense because the sale doesn’t change the position. If a buyer is chasing something very old, read what to do when Lowell chases an old debt.

I live in Scotland. Is it the same?

No. In Scotland the period is five years, and a prescribed debt is extinguished, meaning it no longer exists in law (StepChange). Scotland also has its own repayment route; see the Debt Arrangement Scheme.

Not sure whether a particular type of debt can be barred? See, for example, graduate overdrafts.

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

The dates in the worked example are invented for illustration and are not a real person.

Last reviewed October 2026

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