Being chased about old debt can feel confusing and stressful. You may wonder whether you still owe it, if you have to pay, or what your rights are.
The good news is that the law places time limits on how long a creditor can take action to recover certain debts.
This is known as statute barred debt.
In this guide, I’ll explain what statute barred debt means, how long it lasts, what to do if you’re contacted about it and how to respond with confidence.
What is statute barred debt?
A debt is “statute barred” when it’s been left unpaid for so long that the creditor can no longer take legal action to enforce it.
That doesn’t mean the debt disappears completely though.
In England, Wales and Northern Ireland, the debt still technically exists, but you can’t be forced through the courts to pay it.
In Scotland, once a debt is “prescribed,” it is legally extinguished and no longer exists at all.
How long before a debt becomes statute barred?
The time limit depends on where you live in the UK:
- England, Wales, Northern Ireland: Usually 6 years from the date you last made a payment, wrote to acknowledge the debt, or from when the creditor could have first taken action.
- Scotland: 5 years from the same point at which stage the debt becomes prescribed and legally wiped out.
Making a payment or putting in writing that you owe the debt resets the clock, even if it’s just a small amount.
This is why you’ll see advice all over the internet to not respond to any messages or emails about old debt. Unless it’s from the courts of course!
Which debts can become statute barred?
Most common debts can be statute barred after 6 years (5 in Scotland).
This includes:
- Credit cards, store cards and personal loans
- Bank overdrafts
- Catalogue accounts
- Payday loans
- Gas, electricity and water arrears
- Council tax arrears
- Benefit overpayments
But there are important exceptions:
- Mortgage shortfalls: Capital can be chased for up to 12 years, interest for 6 years.
- HMRC debts such as income tax or VAT have no time limit.
- Court judgments (CCJs) never become statute barred.
What does it mean for you?
- In England, Wales and Northern Ireland, statute barred debt still exists but cannot be enforced through court action. A creditor may still contact you, but they cannot make you pay.
- In Scotland, prescribed debt is considered extinguished in law, meaning it no longer exists and creditors cannot pursue it.
Keep in mind that old debts may still show on your credit file for six years from the date of default. This can affect your ability to get credit.
What to do if you’re contacted about statute barred debt
First, don’t panic. Being contacted doesn’t mean you’re in immediate trouble.
- If you believe the debt is statute barred: You can write back stating you do not admit liability and that the debt is statute barred under the Limitation Act 1980 (or prescribed under the Prescription and Limitation (Scotland) Act 1973). Ask the creditor to stop contacting you unless they can provide evidence otherwise.
- If you’re unsure: Check your credit file or bank records to find the date of your last payment or written acknowledgment. You can also request proof from the creditor. Avoid making payments or written admissions until you’re certain, as this could restart the time limit.
What if court action starts?
Even if a debt looks old, sometimes creditors still try to take court action.
If this happens, you must respond to the court papers. Ignoring them could lead to a County Court Judgment (CCJ), which is enforceable.
In your response, you can state that the debt is statute barred. If you’re not sure how, seek free debt advice immediately.
Template response letter
Here’s an example of wording you can use if you’re certain a debt is statute barred:
Dear [Creditor/Debt Collector],
I do not admit liability for the debt you have contacted me about. I believe this debt is statute barred under the Limitation Act 1980 (or prescribed under the Prescription and Limitation (Scotland) Act 1973).
Please confirm in writing that you will not contact me about this debt again unless you can provide evidence that it is still enforceable.
Yours faithfully,
[Your Name]
StepChange also has a useful template if you don’t like this one.
Quick comparison table
| Location | Time limit | What happens |
| England, Wales, Northern Ireland | 6 years | Debt exists but unenforceable in court |
| Scotland | 5 years | Debt is legally extinguished |
Where to get free help
If you’re not sure what to do, speak to a free debt advice service. They can check your situation and guide you:
- StepChange Debt Charity – 0800 138 1111
- National Debtline – 0808 808 4000
- Citizens Advice – 0808 223 1133
Final thoughts
Old debts don’t have to haunt you forever. If enough time has passed, the law may prevent creditors from forcing you to pay.
The key is knowing your rights, checking the facts carefully, and responding in writing rather than ignoring the problem.
Free advice is always available and you don’t have to face it alone.
Statute barred debt FAQs
Does statute barred debt affect my credit score?
A statute barred debt may still show on your credit file if it defaulted within the last six years. Once six years have passed from the default date, it should no longer appear, even if the debt technically still exists.
In Scotland, once a debt becomes prescribed, it is legally extinguished and won’t appear after the six-year credit reporting period. If an old debt is still showing incorrectly, you can raise a dispute with the credit reference agencies.
Can debt collectors still contact me about statute barred debt?
In England, Wales and Northern Ireland, collectors may still write or call about a statute barred debt, but they cannot take you to court. You can send a letter stating that the debt is statute barred and ask them to stop contacting you unless they can prove otherwise.
In Scotland, creditors must not pursue prescribed debt at all. If they do, you can make a complaint.
What if I accidentally make a payment on an old debt?
If you make a payment or write to admit the debt, the limitation clock resets, even if you were close to the statute barred deadline. That’s why it’s important not to pay or acknowledge a debt until you’re certain whether its statute barred.
If you’re unsure, get free advice first before responding to any requests.
Can statute barred debt be written off completely?
In Scotland, once a debt is prescribed, it is legally written off and no longer exists. In England, Wales and Northern Ireland, statute barred debts aren’t automatically wiped from your record.
They still exist in theory, but creditors can’t enforce them through the courts. In practice, many creditors stop chasing once they know a debt is statute barred.
What should I do if I get court papers for an old debt?
Don’t ignore them. Even if you believe the debt is statute barred, you need to respond to the court within the deadline. You can state in your defence that the debt is statute barred under the Limitation Act 1980 (or prescribed in Scotland).
If you don’t reply, the court could issue a judgment against you, which is enforceable. If you’re worried about completing the forms, StepChange, Citizens Advice or National Debtline for free guidance.
