How Can You Tell If a Debt Is Statute Barred in England and Wales?
A debt is usually statute barred in England and Wales when more than 6 years have passed since the creditor could first sue, you haven't made a payment or signed a written acknowledgement of the debt in that time, and the creditor hasn't taken you to court. The debt still exists, but the creditor can't win in court if you raise the time limit as your defence.
That sounds simple, but the mistakes tend to happen in the detail. People count from the wrong date, or they send a polite email that restarts the clock without realising. This guide shows you how to check your dates, what resets the time limit, and what to do if a collector or a court claim turns up. It covers England and Wales only.
📌 What Does “Statute Barred” Mean?
Statute barred means the time limit for starting court action over a debt has run out. For most debts in England and Wales that limit is 6 years under the Limitation Act 1980. The debt isn't wiped out. It still exists, and a collector can still ask you to pay it, but they can't win a court case over it if you defend the claim on limitation.
The FCA's guidance on statute barred debts confirms that a statute barred debt in England and Wales still exists. That is why a collector can keep writing to you, and why a letter demanding payment doesn't prove the debt can be enforced. You will also see the terms time barred and out of time used for the same thing.
It isn't the same as a debt being written off. Nobody has to cancel anything for a debt to become statute barred, and you won't get a letter telling you it has happened. You have to work it out from the dates.
✅ How Can You Tell If Your Debt Is Statute Barred?
Run through 4 checks. The debt is likely statute barred if more than 6 years have passed since the creditor could first sue, nobody liable for the debt has made a payment in that time, you haven't signed a written acknowledgement of it, and the creditor hasn't started court action. If any of those fail, treat the debt as still enforceable.
The checks on payments, acknowledgements and court action are usually quick, because you can look through your own records. The date the 6 years starts is where most people go wrong.
📅 When Does the 6 Years Start?
The 6 years runs from the date the creditor first had the right to sue, which lawyers call the cause of action. For a simple unpaid bill, that is generally the date payment fell due and wasn't made. It isn't the date of the last letter, the date the debt was sold, or the date the debt dropped off your credit file.
Credit cards and loans are trickier. In a 2019 case about a credit card, the Court of Appeal held that the 6 years starts when the time given in the creditor's default notice runs out, not from your first missed payment. The case is Doyle v PRA Group (UK) Ltd. The reasoning rests on the default notice rules in section 87 of the Consumer Credit Act 1974, which cover regulated credit agreements generally, so find out the default notice date before you do the sums.
HM Treasury confirmed plans in May 2026 to reform the Consumer Credit Act, including moving many of its information requirements into FCA rules. That needs new legislation and FCA consultation first, so check the current position on default notices before you rely on this point.
Say you made your last credit card payment in March 2019 and the default notice period ended in May 2019. You haven't paid anything or written to the creditor since, and there's no court judgment. The 6 years ran out in May 2025, so by October 2026 the debt is likely statute barred.
🔄 What Restarts the 6 Year Clock?
Any payment towards the debt, however small, restarts the clock. So does a signed written acknowledgement that the debt is yours. Both give the creditor a fresh 6 years to sue, as long as the debt wasn't already statute barred when it happened.
Section 29 of the Limitation Act 1980 says the right to sue is treated as arising again on the date of the payment or acknowledgement. Section 30 adds that an acknowledgement must be in writing and signed by the person making it, although an agent can make it for them. Once a debt is already statute barred, a later payment or acknowledgement doesn't bring it back to life.
Be careful with the word writing. Citizens Advice warns against contacting a creditor in any written form when the time limit may be close, including texts, emails and online chat, and says you can phone to check details. A phone call alone isn't a signed written acknowledgement, but a card payment taken over the phone is still a payment.
Joint debts add a twist. If either of you makes a payment, the clock restarts for both of you. If only 1 of you writes to acknowledge the debt, it restarts for that person only.
| Action | Restarts the clock? | Notes |
|---|---|---|
| Any payment, even £1 | Yes, while the claim is still within time | A small payment can still count. |
| Payment by a joint debtor | Can restart it for all joint debtors | Check whether an ex-partner or co-borrower paid. |
| Signed written acknowledgement | Yes, for the person acknowledging it | Emails and texts can sometimes qualify. |
| Phone call with no payment | Not on its own | An oral acknowledgement is not a signed written acknowledgement. |
| Letters or calls from the creditor | No | Their contact alone does not restart the clock. |
| Debt sold to a new company | No | A sale does not, by itself, restart the clock. |
| Court claim brought within the limitation period | Different effect | Proceedings can preserve the claim. Respond by the court deadline. |
| Checking your credit report | No | Checking alone is not a payment or acknowledgement to the creditor. |
Say you paid £10 towards an old catalogue debt in 2022. The 6 years restarted then, so the debt couldn't be statute barred before 2028, whatever the original default date was. Or say you emailed a collector in 2024 telling them you know you owe the money and will pay when you can. If the debt was still in time, that could count as a signed written acknowledgement and push the date out to 2030 at the earliest.
🔍 How to Check Your Dates Without Restarting the Clock
The aim is to gather facts without admitting anything. These steps usually give you most of what you need.
Check Your Free Credit Reports For The Default Date
Look Through Bank Statements For Your Last Payment
Search Old Letters And Emails For Anything You Signed
Phone The Creditor To Ask For Dates Only
Find Out Whether A Joint Debtor Has Paid Anything
A default date on your credit report is a useful clue, but it isn't the same as the date the 6 years starts, so treat it as a starting point. If you phone the creditor, ask for the date of the last payment and the date any default notice was sent. Don't say the debt is yours, don't promise to pay, and don't make a payment on the call. Keep your own notes of what was said.
If the dates won't line up, don't guess. Free debt charities such as Citizens Advice and National Debtline can help you work it out, and our debt advice consultation is there if you'd rather talk through your paperwork with someone.
⚖️ Which Debts Follow Different Rules?
The 6 year rule covers most unsecured consumer debts, but some situations work differently. Don't assume the headline rule fits yours.
| Situation | What changes |
|---|---|
| Credit cards, loans, overdrafts and catalogue debts | Usually 6 years, with the start date often tied to the default notice for credit covered by the Consumer Credit Act |
| Mortgage shortfall after repossession | 12 years for the main amount owed and 6 years for interest |
| County Court Judgment | The time limit can't be used as a defence once a judgment exists, and a judgment that is 6 years old or more needs the court's permission before bailiff enforcement |
| Breathing Space under the Debt Respite Scheme regulations | If the time limit would run out during Breathing Space or within 8 weeks of it ending, it is extended to the end of that 8 week period |
| Scotland | A 5 year prescriptive period applies, and the debt is extinguished rather than just unenforceable |
A County Court Judgment is the exception people most often get wrong. It isn't treated as statute barred in the same way, because the debt has been turned into a court order. Section 24 of the Limitation Act 1980 sets a 6 year limit on starting an action on a judgment, and under Civil Procedure Rule 83.2 a creditor needs the court's permission to issue a warrant or writ once 6 years or more have passed since the judgment. So an old CCJ is harder to collect, but it hasn't disappeared.
Tax debts, benefit overpayments and some other public body debts follow their own rules, so check the specific time limit before you rely on the 6 years.
📞 What Should You Do If a Debt Collector Contacts You?
If you're sure the debt is statute barred, you can write to the creditor to say so and stop the contact. Citizens Advice suggests including a statement that you don't admit any liability for the claim. Don't say you're unsure what you owe or that the amount is wrong.
Only send that kind of letter if you're confident about the dates. If you aren't, and the debt is still in time, a badly worded letter could hand the creditor a fresh 6 years. This is where wording matters. Our tailored letter drafting service can prepare a reply to a collector that fits your dates, so you aren't relying on a generic template. Send the letter by recorded delivery, or ask the Post Office for free proof of postage, so you can show when it went.
If you don't recognise the debt at all, a prove it letter for debt collectors asks the collector to show evidence that it is yours. It won't answer a question about time limits, so don't rely on it when you know the debt is yours.
Collectors regulated by the FCA have rules to follow. Once you've said you won't pay because the debt is statute barred, they must not keep demanding payment. They also shouldn't suggest you may be taken to court when they know, or ought to know, that the time limit has run out. If a collector keeps chasing after your letter, complain to the firm first, and then to the Financial Ombudsman Service if you're not happy with the reply.
⚖️ What Happens If You Get a Court Claim for a Statute Barred Debt?
Don't ignore it. The court won't assume the debt is out of time, so you need to respond by the date on the claim and tell the court the debt is statute barred as your defence. If you do nothing, the court can enter judgment against you even though the debt was out of time.
GOV.UK explains that you can pay the full amount, offer to pay a different amount or defend the claim, and that you can ask for another 14 days to respond if you aren't paying in full. For a debt you believe is statute barred, defending is the route that matters. A judgment can stay on your credit file for 6 years and make credit harder to get.
Say a claim form arrives for a credit card you last paid in 2018, with no payment or written acknowledgement since. You would still need to file a defence saying the debt is statute barred. If you didn't, a judgment could be entered and the time limit would no longer help you.
A formal letter of claim is different from a routine collection letter. Under the Pre-Action Protocol for Debt Claims, it should come with a reply form, and the creditor shouldn't start court proceedings until 30 days after the date of the letter, or 30 days after they receive your completed reply form. Respond to it rather than ignoring it.
If a judgment has already been made and you think the debt was barred when the creditor applied, you might be able to ask the court to change it, so get advice quickly. If enforcement has already started, our guide to what you must not do when bailiffs are at your door covers the mistakes to avoid.
If a claim lands, speak to a free debt adviser straight away. As a paralegal service for England and Wales, we can help you prepare forms and evidence, but conducting litigation is a reserved activity, so for that we would refer you to a regulated solicitor.
⚠️ What If the Debt Isn't Statute Barred?
Then it's still enforceable, and ignoring it is the riskiest option. The creditor can start a court claim, and a judgment adds to your problems. Most people in this position are better off dealing with the debt on purpose.
Ask For A Full Statement Of The Balance
Work Out What You Can Genuinely Afford
Get Free Debt Advice On Your Options
Think before you send a repayment offer. An offer to pay, or a first payment, restarts the clock while the debt is still in time. That is fine if you plan to repay it, but it isn't something to do casually. If you're ready to make an offer, a debt repayment offer letter puts it clearly in writing.
❓ Statute Barred Debt FAQs
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Yes, they can still write or phone, because the debt still exists. They can't succeed in court if you raise the time limit. FCA rules say firms must stop demanding payment once you tell them you won't pay because the debt is statute barred, and they mustn't mislead you about court action.
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It can. The credit file clock and the limitation clock are separate. A default normally drops off 6 years after it was recorded, so a debt can be statute barred and still showing, or gone from your file but not barred, especially if you've kept paying. Check your dates rather than relying on your credit report.
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Yes, debts can still be sold. A sale doesn't restart the clock, and the new owner takes the debt as it stands. If it was statute barred before the sale, it stays that way, although the new company may still write to you.
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Not in the same way. Once a judgment exists, you can't use the time limit as a defence to the original debt. After 6 years the creditor needs the court's permission before enforcing by warrant or writ, which makes an old CCJ harder to collect, but it doesn't disappear automatically. Get advice about any judgment that's over 6 years old.
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Yes. Any payment, even £1, restarts the 6 years while the debt is still in time, and a payment by a joint debtor restarts it for everyone liable. Once the debt is already statute barred, a payment doesn't bring the time limit back. If you're close to the 6 year mark, don't pay anything until you've checked your dates.
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No. In Scotland the prescriptive period is 5 years, and a debt that prescribes ceases to exist rather than just becoming unenforceable. This guide covers England and Wales only, so get advice that applies to Scotland if that's where you live.
Need Help Checking an Old Debt?
If you've got an old debt letter and you're not sure whether the 6 years has run out, get the dates straight before you reply. Raven Legal provides self-help legal documents and fixed-fee paralegal support in England and Wales. Our Letter Factory includes debt letters and templates you can adapt to your situation, and we offer wider debt and early dispute support before things reach court.
You can contact Raven Legal or call the freephone number on 0800 949 9401. Raven Legal is a paralegal service, not a regulated law firm or solicitors, and this guide is general information rather than legal advice. If your matter needs a regulated solicitor, we'll tell you.
