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Statute-barred debts in England & Wales

Statute-barred debts

A statute-barred debt is one a creditor can no longer legally enforce through the courts. For most unsecured consumer debts in England & Wales, the limitation period is 6 years.

When does the 6-year clock start?

The clock generally starts from when you last:

  • Made a payment toward the debt
  • Acknowledged the debt in writing
  • Or, in some cases, were in default by missing agreed payments

Each of these can restart the clock.

What restarts the clock?

  • A new payment (even £1)
  • A written letter acknowledging the debt
  • Sometimes a CCJ (County Court Judgment) extends the period

Always think before you pay a near-limit debt — paying could restart the 6 years.

What statute-barred means

  • The debt still exists
  • The creditor can still ask for payment (contact and reminders are allowed)
  • They cannot get a CCJ for the debt (using limitation as a defence)
  • The debt may still appear on your credit file for 6 years from default

How to deal with a potential statute-barred debt

  1. Check when you last paid or acknowledged the debt
  2. Ask the creditor for a statement of account (history of payments and charges)
  3. Use that history to establish the limitation date
  4. If you believe it is statute-barred, send a statute-barred template letter — National Debtline provides one free
  5. Do not make a small goodwill payment without checking first — it may reset the clock

When debts are NOT statute-barred

The 6-year limitation does not apply or is different for:

  • Mortgage shortfalls (12 years for the principal, 6 for interest)
  • HMRC debts (timelines vary by type)
  • Council tax (usually enforced via liability order, not limitation)
  • Some Student Loan Company cases
  • Debts with CCJs already issued (the limit is 6 years from the CCJ itself)

A common pitfall

Debt purchasers (companies that buy old debts) sometimes try to collect without acknowledging limitation. Check the facts carefully before acting — see Where to find free UK debt advice.

Remember: Debtrupt provides practical guidance, not legal advice. For formal advice, contact a regulated solicitor or a free debt charity such as StepChange (0800 138 1111), National Debtline (0800 808 4000), or Citizens Advice.