Types of debt · 4 min read
Statute-barred debt: when a creditor can no longer take you to court
In England and Wales, most unsecured debts become statute-barred if the creditor hasn't taken court action within six years and you haven't paid or acknowledged the debt in writing. How the rule works, which debts it covers and how to respond.
- Fact-checked
- Against official sources
- Last updated
- Next review due
- April 2027
- Applies to
- England and Wales
- Sources
- 3 listed on this page
Independent guidance, not a government service. This page is general information about the law in England and Wales, not financial or legal advice. Debt solutions have fees, risks and consequences. For free, impartial advice, contact MoneyHelper or a debt charity.
The short answer
In England and Wales, most unsecured debts – like credit cards, loans, overdrafts and catalogues – become statute-barred if the creditor hasn’t started court action within six years of the cause of action (usually the default) and you haven’t made a payment or acknowledged the debt in writing in that time. A statute-barred debt still exists, but the creditor can’t take court action to make you pay. In Scotland, the period is usually five years.
How the six-year rule works
Under the Limitation Act 1980, a creditor generally has six years to start court action for an unsecured debt. The clock usually starts from the date of the cause of action – often when you defaulted.
The clock restarts if, before the six years are up, you:
- make a payment towards the debt, or
- acknowledge the debt in writing, for example by signing a letter saying you owe it
Once a debt is statute-barred in England and Wales, making a later payment or acknowledgment doesn’t revive the creditor’s right to go to court.
Which debts does it apply to?
| Debt | Time limit |
|---|---|
| Credit cards, store cards, overdrafts, personal loans, catalogues | 6 years |
| Utility debts | 6 years |
| Mortgage shortfall after repossession | 6 years for interest, 12 years for the capital |
| County court judgments | Not statute-barred in the same way; enforcement after 6 years needs the court’s permission |
| Council tax | The council must start court action within 6 years; once it has a liability order, it can keep enforcing |
| Magistrates’ court fines | Not covered by the Limitation Act |
| Tax debts, student loans, benefit overpayments | Different rules apply |
Read how long can bailiffs chase a debt?
What to do if you’re chased for an old debt
- Don’t pay or sign anything straight away. A payment or written acknowledgment before the six years are up restarts the clock.
- Work out the dates. When did you last pay? When did you default? Did you ever acknowledge it in writing? Your credit file and old statements can help.
- If you think it’s statute-barred, write to the creditor saying so, and that you won’t be paying. Keep a copy.
- If you get court papers, respond. Being statute-barred is a defence, but you must raise it. If a CCJ was made without your knowledge, read how to set aside a CCJ.
- Get free advice if you’re unsure about the dates.
Can a statute-barred debt lead to bailiffs?
Not unless the creditor got a court judgment before the debt became statute-barred. Debt collectors chasing a statute-barred debt have no power to send bailiffs. Read letters from Lowell, Cabot or Intrum and debt collectors vs bailiffs.
Related reading
Frequently asked questions
Does a statute-barred debt stay on my credit file?
Defaults are removed from your credit file six years after the default date, whether or not the debt is paid. That’s separate from the statute-barred rule.
Can a creditor still contact me about a statute-barred debt?
Yes, they can ask you to pay, but under FCA rules they shouldn’t pursue you if you’ve said it’s statute-barred and they can’t show otherwise, and they mustn’t threaten court action.
Should I ever pay a statute-barred debt?
That’s your choice. You might choose to for personal reasons, but you don’t have to, and the creditor can’t make you through the courts.
Sources
- Limitation Act 1980
- FCA Handbook, CONC 7: Arrears, default and recovery
- GOV.UK, Options for paying off your debts
How we wrote this article
- Research: written from primary sources such as legislation.gov.uk, GOV.UK and the Insolvency Service, then fact-checked by a second member of our team. The sources are listed above.
- Checked: last checked on . Next review due April 2027, or sooner if the rules change.
- Scope: applies to England and Wales. If you live in Scotland or Northern Ireland, read our Scotland and Northern Ireland guide. It is general information, not personal advice.
- Independence: we are not a government website or service, and we are not connected to any council, court or enforcement company.
- Money: we may receive a fee if we introduce you to a debt advice firm. This doesn't change what we write. How we're paid.
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