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Key takeaways
- In England, Wales and Northern Ireland the usual limit is six years; in Scotland it is five years.
- A statute-barred debt still exists, but the creditor cannot win in court if you raise the defence. In Scotland it is extinguished.
- A payment or written acknowledgement can restart the clock. A sale of the debt does not.
- Your credit file follows a separate six-year timeline.
- Collectors must not try to recover a statute-barred debt.
- Get free advice before you reply to a letter about an old debt.
A debt is statute-barred when the time limit for taking you to court has run out. In England, Wales and Northern Ireland the usual limit is six years, and in Scotland an unpaid debt is extinguished by prescription after five. The debt does not simply vanish, and the clock can restart if you make a payment or acknowledge the debt in writing. Before you reply to a letter about an old debt, check the dates and get free advice.
What does statute-barred mean?
Every debt has a time limit for legal action. After it, the creditor can no longer win a court case to recover the money if you raise the time limit as a defence. In England, Wales and Northern Ireland this is called limitation. The debt is not wiped out, but it can no longer be enforced through the courts. In Scotland it is called prescription, and when it applies the debt is extinguished altogether.
A creditor can still write to you about an old debt. But FCA rules say a firm must not try to recover a statute-barred debt, so a letter that threatens court action over an old debt may itself be a problem.
The time limits
The periods come from the Limitation Act 1980, the Prescription and Limitation (Scotland) Act 1973 and the equivalent law in Northern Ireland.
These are the usual periods for ordinary consumer debts such as credit cards, loans and catalogue accounts. Other kinds of debt can follow different rules (see below).
| Where | Name | Usual limit | Effect |
|---|---|---|---|
| England and Wales | Limitation | 6 years | The creditor cannot enforce through the court if you raise the defence |
| Northern Ireland | Limitation | 6 years | The creditor cannot enforce through the court if you raise the defence |
| Scotland | Prescription | 5 years | The debt is extinguished |
When does the six years start?
Roughly, the period starts when the creditor's right to take you to court first arose. That is usually the first missed payment that was not made good, or the date the agreement was ended. It is not always the date of your last payment, and the exact starting point is sometimes argued. A payment or written acknowledgement can move the start date forward (see the next section).
As a rough example, if you stopped paying a credit card in March 2019 and made no payments or acknowledgements afterwards, the limit in England and Wales may have passed in March 2025. The precise dates depend on the facts, so a debt adviser can help you work them out.
What restarts the clock?
In England, Wales and Northern Ireland, the clock restarts if you:
- Make a payment towards the debt, even a small one
- Acknowledge the debt in writing, for example by signing a letter that admits you owe it
Simply receiving a letter or ignoring it does not restart the clock. A sale of the debt to a new owner does not restart it either. In England and Wales an acknowledgement generally has to be in writing and signed to count, but do not rely on that. Avoid promising to pay, in any form, until you have checked the dates. In Scotland, a payment or an acknowledgement can also interrupt the five-year period.
What statute-barred means in practice
A statute-barred debt is not a debt you have been excused from. It means the creditor can no longer win in court if you use the time limit as a defence.
- The debt still exists. You are not breaking the law by owing it, and you may still choose to pay it
- You must raise the defence. A court will not apply the time limit for you, so if you receive a claim form, respond by the deadline and say the debt is statute-barred
- Collectors should stop. FCA rules say firms must not try to recover a statute-barred debt, so threats of court action may break the rules
- Selling it does not help the creditor. A debt purchaser takes the debt as it is, including its age
Statute-barred debt and your credit file
Credit files follow a separate rule. A default usually stays on your file for six years from the date it was recorded, whether or not the debt is statute-barred. An old debt can therefore drop off your file at roughly the time the legal limit passes, but the two timelines are not the same. Our guide to how credit scores work explains what lenders see.
Judgments are different
If a creditor has already won a County Court Judgment (CCJ), the position changes. A judgment can generally be enforced for six years, and for longer with the court's permission, so the original limitation period no longer applies in the same way. If you have a CCJ, read our guide to county court judgments.
Other types of debt
The six-year rule is not universal. Council tax, mortgage and other secured debts, tax debts, student loans and benefit overpayments can all follow different rules or periods. Do not assume the six-year rule applies to everything. A free adviser can tell you where a specific debt stands.
What to do if you think a debt is statute-barred
Take these steps in order.
- Gather the dates: when you opened the account, your last payment and the first missed payment
- Check whether any court judgment was ever made, as that changes the position
- Ask the company, in writing, for the date of the last payment and the date it says the debt arose
- If it is out of time, write that you believe the debt is statute-barred and that you will not make payment, and ask them to stop collection activity
- Get free advice before you send anything, especially if the dates are unclear
Worked examples
These examples show how the limits work. They are illustrations, not advice.
A short story
Alan receives a letter from a collection agency about a credit card he stopped paying about eight years ago. He has made no payments since and has not written to anyone. He does not phone the agency or promise anything. Instead he writes, without admitting the debt, asking for the agreement and account history. He then checks his dates and talks to a free adviser, who says the debt may be statute-barred. If the agency starts a claim, he can respond and raise the time limit as a defence.
| Situation | Is the debt probably out of time? | Why |
|---|---|---|
| You last paid a credit card in January 2018 and have not paid or written about it since | Probably yes, by 2026 | More than six years since the last payment, and nothing restarted the clock |
| You made a £5 payment in March 2023 on a debt that began in 2016 | Probably no | The payment restarted the clock |
| A debt purchaser bought your 2017 debt in 2024 | Depends on the 2017 dates | A sale does not restart the clock |
| A court judgment was made against you in 2019 | Different rules apply | Judgments can generally be enforced for six years, and longer with court permission |
What if you are in Scotland?
Prescription works differently. The five-year period runs from when the debt became due, and it can be interrupted by a payment, a written acknowledgement or a court action. When the period completes without interruption, the debt is extinguished. A creditor cannot revive it. Scottish debts also have different court processes, so get Scottish advice, for example from your local council's money advice service or from a national debt charity.
Debts that have been sold
Debt purchasers often buy older accounts. The age of the debt travels with it. If the original debt would have been out of time before the sale, it is still out of time afterwards. If the company is vague about the dates, ask it in writing for the date of default and the date of your last payment. See also our guide to notices of assignment and how to ask for your credit agreement.
If you want to pay anyway
You are free to pay a statute-barred debt, for peace of mind or to close the matter. But you are not legally obliged to, and paying can restart the clock on the remaining balance. If you decide to pay, consider offering a full and final settlement, and get the offer and acceptance in writing before you pay. Our guide on whether debts can be written off explains related options.
If the debt is not out of time
If the dates show that the debt can still be enforced, work out what you can afford and contact the creditor. Free, independent help is available from MoneyHelper, StepChange, National Debtline and Citizens Advice. Our comparison of free debt advice charities explains the differences, and the priority and non-priority debts guide shows what to deal with first. Read our guides on the letter before action and on dealing with creditors if the creditor has threatened court.
Keeping safe
Do not ignore letters about an old debt, but do not rush to reply either. Keep every document, respond in writing, ask for evidence, and get advice before you admit anything. If a court claim form arrives, respond by the deadline and say the debt is statute-barred if it is. If you do not recognise the debt at all, see our guide on debts you do not recognise, and for the wider picture see debt collection in the UK.
Frequently asked questions
How long before a debt is statute-barred?
Do debts disappear after six years?
Do I still have to pay a statute-barred debt?
Can a debt collector still contact me about a statute-barred debt?
What restarts the time limit?
Does statute-barred mean it comes off my credit file?
Do I have to tell the court the debt is statute-barred?
Does a sale of the debt reset the clock?
Sources and further reading
- Limitation Act 1980 — legislation.gov.uk
- Prescription and Limitation (Scotland) Act 1973 — legislation.gov.uk
- Dealing with debt — MoneyHelper
- Debt and money help — Citizens Advice
- Harassment by creditors (England and Wales) — National Debtline
This page provides general information only. It is not personalised financial, legal or tax advice, and rules and figures can change. Your situation is unique — please check official sources such as GOV.UK and MoneyHelper, and speak to a qualified, FCA-authorised adviser before making important decisions about your money.
Written by
MoneyBrink Editorial Team — Editorial team
The MoneyBrink Editorial Team researches, writes and reviews every guide on this site. We work from official UK sources such as GOV.UK, the Financial Conduct Authority, MoneyHelper and the Money and Pensions Service, explain things in plain English, and update articles when the rules change. We do not sell financial products and we do not give personal advice.
Read how we research and check our guides in our editorial policy.
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