Statute Barred Debt — When Can Creditors No Longer Chase You?
Most debts in England and Wales become 'statute barred' after 6 years — meaning a creditor can no longer take you to court to recover the money. In Scotland, the limit is 5 years. But there are important rules about what resets the clock, and creditors can still ask you to pay even after the limitation period has passed. This guide explains when a debt is too old to enforce and what you should do.
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How long before a debt is statute barred?
- ✓England and Wales: 6 years under the Limitation Act 1980
- ✓Scotland: 5 years under the Prescription and Limitation (Scotland) Act 1973
- ✓Northern Ireland: 6 years
- ✓Mortgage shortfall debts (what you owe after a repossession): 12 years for the capital, 6 years for interest
- ✓County Court Judgments (CCJs): cannot become statute barred — if a CCJ was issued, the debt can be enforced indefinitely
- ✓Child support arrears: no limitation period
What resets the 6-year clock?
The limitation period can be reset — starting the 6 years again from scratch — if you do either of these things:
- ✓Make any payment toward the debt (even a token £1 payment resets the clock)
- ✓Acknowledge the debt in writing (a letter, email, or text message admitting you owe the money)
- ✓Acknowledgment must be in writing and signed — a verbal admission does not count
Can you still be chased for a statute barred debt?
Yes — creditors can still contact you and ask you to pay a statute barred debt. What they cannot do is take you to court to force you to pay.
- ✓Creditors and debt collectors can still write to you or phone you about a statute barred debt
- ✓They cannot obtain a County Court Judgment (CCJ) against you for a statute barred debt
- ✓You have a complete defence if they do issue court proceedings — but you must raise it
- ✓The debt does not disappear from your credit file automatically — it falls off after 6 years from the default date (this is separate from the limitation period)
- ✓Under FCA rules, debt collectors must tell you if a debt is statute barred when asked
How to check if a debt is statute barred
Scotland — different rules
Scotland has a shorter limitation period and slightly different rules:
- ✓5-year limitation period under the Prescription and Limitation (Scotland) Act 1973
- ✓The 5 years runs from when the debt became due — not from the last payment (though payment can interrupt it)
- ✓After 5 years with no payment or acknowledgment, the debt is 'prescribed' and completely extinguished — it no longer legally exists
- ✓In England and Wales, statute barred debts still exist — you just can't be sued for them. In Scotland, prescribed debts are wiped out entirely
- ✓The Debt Arrangement Scheme (DAS) is available in Scotland and may be relevant for managing live debts
What debts can never become statute barred?
- ✓County Court Judgments (CCJs) — once a judgment is issued, there is no time limit on enforcement
- ✓Council tax debts that have a liability order from the magistrates' court
- ✓Child maintenance arrears
- ✓Confiscation orders made by a criminal court
- ✓Tax debts owed to HMRC (different limitation rules apply)
- ✓Student loans (for most purposes)
Get advice about your specific situation
Ash is a free UK guidance assistant. Ask about your rights, get step-by-step guidance, and generate a formal letter if you need one.
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Frequently asked questions
How long before a debt is written off in the UK?
In England and Wales, most debts become 'statute barred' after 6 years under the Limitation Act 1980 — meaning creditors can no longer take you to court. In Scotland it is 5 years. The clock starts from the date of your last payment or written acknowledgment of the debt. After this period, the creditor can still ask you to pay, but cannot obtain a County Court Judgment against you.
Can I be chased for a debt after 6 years in the UK?
Creditors can still contact you about a statute barred debt — they are allowed to ask you to pay voluntarily. What they cannot do is take you to court to force you to pay. If they issue a court claim for a statute barred debt, you have a complete legal defence under the Limitation Act 1980. Never ignore a court claim form, even for an old debt — respond and raise the defence.
Does making a payment reset the 6-year statute barred clock?
Yes. Any payment toward the debt — even a small token payment — resets the 6-year limitation period from the date of that payment. Similarly, acknowledging the debt in writing starts the clock again. This means a debt you thought was nearly statute barred could become enforceable for another 6 years after a single payment.
What is the difference between statute barred and written off?
A statute barred debt still legally exists — you technically owe the money — but the creditor can no longer sue you for it. A 'written off' debt means the creditor has decided to stop pursuing it and removed it from their accounts. Written off debts can still be sold to debt collectors, who might try to collect. In Scotland, a 'prescribed' debt is fully extinguished and no longer exists at all.
Can a statute barred debt affect my credit score?
Yes — a debt can still appear on your credit file even after it becomes statute barred. Credit file entries (defaults, CCJs) generally stay on your record for 6 years from the date of the default — this is separate from the limitation period. Once the 6 years from the default date have passed, the entry drops off your credit file automatically.