What “statute-barred” means
A debt becomes statute-barred when the law says the creditor has left it too late to take you to court to recover it. The rule comes from the Limitation Act 1980 in England, Wales and Northern Ireland, and from prescription rules in Scotland.
This is a real and useful protection — but understand exactly what it does and doesn’t do:
- England, Wales & NI: the debt still legally exists. A collector can still write and ask you to pay, but they cannot take you to court to force payment. For most regulated consumer-credit debts (cards, loans), once it’s statute-barred they’re not even allowed to demand payment.
- Scotland: stronger — after 5 years the debt is usually extinguished (it no longer exists at all), provided no court action was taken and you didn’t acknowledge it.
Statute-barred is not the same as a debt being “written off” or removed from your credit file. (Most defaults drop off your credit file separately after 6 years.)
How the 6-year clock works
For most consumer debts, the clock runs for 6 years (England, Wales & NI) from the latest of these:
- the last time you made a payment towards the debt, or
- the last time you acknowledged the debt in writing (for example admitting you owe it), or
- the date the account defaulted / the creditor could first have sued.
If 6 years pass with no payment, no written acknowledgement and no court claim already issued, the debt is statute-barred.
| Type of debt | Time limit (England, Wales & NI) |
|---|
| Credit cards, loans, overdrafts, catalogues, store cards | 6 years |
| Most utility & phone arrears, benefit overpayments (some) | 6 years |
| Mortgage shortfall (after a repossession sale) | 6 years for the interest, 12 years for the capital |
| Debts with a court judgment (CCJ) already in place | Not statute-barred — a judgment doesn’t expire (though enforcing after 6 years usually needs court permission) |
| Scotland (most debts) | 5 years — and the debt is extinguished |
Some debts work differently. Council tax isn’t simply statute-barred after 6 years — the council has 6 years to apply for a liability order, but once it has one, enforcement can continue. Income tax and VAT owed to HMRC, and debts with a CCJ, also don’t follow the simple 6-year rule. If in doubt, get free advice.
The trap that restarts the clock
Read this before you reply to anyone
If you make a payment or acknowledge the debt in writing within the limitation period, the 6-year clock starts again from that date. A debt that was about to become unenforceable can become enforceable again because of one phone call or one £1 token payment.
So if a collector contacts you about an old debt: do not agree that you owe it, do not promise to pay, and do not make a token payment until you’ve checked the dates and taken free advice. Saying “I don’t recognise this” or asking them to prove it does not reset the clock.
Old debts are often bought cheaply by debt-purchase companies who chase them hoping you’ll restart the clock. Knowing this rule is your protection.
What to do if you’re chased
- Work out the key date — the last payment or written acknowledgement. Six years (5 in Scotland) later, it may be statute-barred.
- Don’t acknowledge or pay until you’re sure. If you’re unsure of the dates, ask the creditor to prove the debt and confirm the date of the last payment — they should have the records.
- If it’s statute-barred, you can write saying you believe the debt is statute-barred under the Limitation Act 1980, that you won’t be paying it, and asking them to stop contacting you. Keep a copy.
- Never ignore a court claim. If you ever receive court papers, respond — file a defence stating the debt is statute-barred. Ignoring it could let them get a CCJ by default, which you’d then have to get set aside.
Do this now
- Dig out the dates — when did you last pay or admit this debt? That’s the start of your 6 (or 5) years.
- Don’t confirm or pay anything on the phone — get free advice first.
- Call free debt advice — National Debtline 0808 808 4000 or StepChange 0800 138 1111 — to confirm the status and the right letter to send.
Free help: National Debtline 0808 808 4000 · StepChange 0800 138 1111 · Citizens Advice 0800 144 8848. This is general information, not legal advice.
Source verification
Primary sources: the Limitation Act 1980 (legislation.gov.uk), National Debtline and StepChange statute-barred-debt guidance, and Citizens Advice. Last verified 20 June 2026. Confidence: High on the framework — most simple-contract debts are statute-barred after 6 years in England, Wales & NI (5 years in Scotland, where the debt is extinguished), counted from the last payment or written acknowledgement, and the clock restarts if you pay or acknowledge it in writing within the period. Mortgage shortfalls (12 years capital), council tax, HMRC debts and debts with an existing CCJ follow different rules and are flagged as such. SortedUK is independent — not a government service or a law firm, and this is general information, not legal advice; get free advice before acting on a specific debt.
Statute-barred debt — common questions
If my debt is statute-barred, is it gone?
In England, Wales and NI the debt still exists but can’t be enforced in court, and for most regulated credit debts the collector can’t even demand payment. In Scotland the debt is extinguished after 5 years, so it’s genuinely gone. It doesn’t automatically disappear from your credit file — defaults drop off separately after 6 years.
A collector keeps writing to me about an old debt — is that allowed?
They can write and ask, but they can’t take a statute-barred debt to court, and for regulated consumer-credit debts they shouldn’t pressure you to pay one. If contact is persistent or misleading you can complain to the firm, then the Financial Ombudsman.
Will making a small payment help?
No — it’s the opposite. A payment or a written admission within the limitation period restarts the 6-year clock and can make an unenforceable debt enforceable again. Check the dates and get advice before paying anything on an old debt.
Does this apply to council tax or a CCJ?
Not in the same way. Council tax has its own liability-order process, and a debt that already has a county court judgment (CCJ) isn’t statute-barred. Get free advice for those — see our debt help and CCJ guides.
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