Statute Barred Debt UK: How Long Before a Debt Is Written Off?

June 26, 2026 George 0 Comments

When people ask how long a debt can be chased in the UK, they’re usually looking for the same answer: six years. This is the time limit that applies to most unsecured consumer debts in England and Wales under the Limitation Act 1980. Once this period passes without any payment or written acknowledgement of the debt, it becomes ‘statute barred’ — meaning the creditor can no longer take you to court to enforce it.

Understanding statute barred debt matters because collectors sometimes continue pursuing debts that have passed this limit. Knowing your rights means knowing when you are no longer legally required to pay — and when a threat of court action is an empty one.

What Is Statute Barred Debt?

A statute barred debt is one where the time limit for a creditor to take legal action has expired. In England and Wales, this is governed by the Limitation Act 1980. In Scotland, the equivalent legislation is the Prescription and Limitation (Scotland) Act 1973, which sets a shorter time limit.

It is important to understand what statute barred does and does not mean:

Statute barred DOES mean	Statute barred does NOT mean
Creditor cannot take you to court	The debt disappears or ceases to exist
You have a legal defence if taken to court	The debt is deleted from records immediately
Creditor cannot get a County Court Judgement (CCJ)	Collectors cannot contact you at all
You are not legally obliged to pay	Your credit file is automatically cleared

The debt still technically exists. Collectors can still write to you and ask you to pay voluntarily. What they cannot do is threaten court action or actually take you to court once the limitation period has passed.

How Long Before a Debt Is Written Off in the UK?

Debt Type	England & Wales	Scotland
Credit cards	6 years	5 years
Personal loans	6 years	5 years
Overdrafts	6 years	5 years
Store cards	6 years	5 years
Utility arrears	6 years	5 years
Council tax	6 years	20 years
Income tax / HMRC debts	20 years	20 years
Mortgage shortfall (after repossession)	6 or 12 years*	5 years
County Court Judgement (CCJ)	6 years (to enforce)	N/A

*Mortgage shortfall debts are more complex: the capital element has a 12-year limitation period in England and Wales; the interest element has 6 years. Always seek advice for mortgage shortfall situations.

The 6-Year Rule in England and Wales: Exactly How It Works

The 6-year limitation period begins from the date of your last payment to the creditor OR the last time you acknowledged the debt in writing — whichever is more recent. It does not automatically begin from when you first took out the debt or when you first missed a payment.

Example: you took out a credit card in 2015 and missed payments from 2018. You made a small payment in January 2019 to try to keep the creditor quiet, then made no further payments and sent no written acknowledgement. The 6-year clock starts from January 2019 — meaning the debt would become statute barred in January 2025.

What resets the clock:

Making any payment toward the debt, however small
Sending a written letter or email acknowledging you owe the debt
Signing any agreement or form related to the debt

What does NOT reset the clock:

The creditor writing to you about the debt
A debt being sold to a new collection agency
Verbal conversations with collectors (though disputed — always get things in writing)

The 5-Year Rule in Scotland

Scotland operates under different legislation: the Prescription and Limitation (Scotland) Act 1973. The prescription period for most consumer debts is five years rather than six. The same principle applies — the clock runs from the date of last payment or last written acknowledgement.

One important difference in Scotland: prescription extinguishes the debt entirely rather than simply barring court action. This means a prescribed debt in Scotland is legally abolished, not merely unenforceable. The practical effect for consumers is broadly the same, but the legal mechanism differs.

Council tax is treated very differently in Scotland — it has a 20-year prescription period rather than 5, making it the most dangerous unpaid debt to leave unaddressed in Scotland.

How to Check If a Debt Is Statute Barred

To determine whether a debt is statute barred, you need to establish two things: when you last made a payment, and whether you have sent any written acknowledgement since then.

Step 1: Find the date of last payment

Check your bank statements from the relevant period. If you do not have records, you can request a statement of account from the original creditor under the Consumer Credit Act 1974 — they are legally required to provide this within 12 days. A Subject Access Request (SAR) to the creditor under UK GDPR will also produce your full account history.

Step 2: Check for written acknowledgement

Review any correspondence you have sent. If you wrote to the creditor acknowledging the debt — even to dispute an amount or ask for more time — this counts as an acknowledgement and resets the clock.

Step 3: Check your credit file

Your credit file from Experian, Equifax, or TransUnion will show the default date on the account. The limitation period typically runs from around the time of default. Credit files are not definitive legal proof of the limitation date, but they provide a useful reference point.

Step 4: Contact a free debt advice service

If you are unsure, the fastest route to certainty is to contact National Debtline (nationaldebtline.co.uk) or StepChange (stepchange.org). Both services are free, confidential, and staffed by trained debt advisers who can review your specific situation and confirm whether a debt is statute barred.

Can a Statute Barred Debt Still Be Chased?

Yes — and this surprises many people. A creditor or debt collection agency can still contact you about a statute barred debt and request payment. What they cannot do is:

Take you to court to enforce the debt
Obtain a County Court Judgement (CCJ) against you
Threaten you with court action (this would be a violation of the FCA’s Debt Collection Guidance)

If a collector threatens court action on a statute barred debt, you should report this to the Financial Conduct Authority (FCA) and the Financial Ombudsman Service. Threatening court action on a statute barred debt is a form of harassment and a potential breach of FCA regulations.

If a creditor does take you to court despite the debt being statute barred, you must raise the statute barred defence. Courts do not automatically know a debt is statute barred — you must inform the court in your defence. This is why knowing your limitation date matters.

What Happens If a Statute Barred Debt Is Sold On?

Debts are regularly sold between collection companies. This does not reset the statute barred clock. The limitation period runs from the date of last payment or acknowledgement regardless of how many times the debt changes hands. A debt that is statute barred in the hands of the original creditor is equally statute barred in the hands of any company that subsequently purchases it.

Some collectors who purchase statute barred debt portfolios contact debtors hoping they are unaware of the limitation period. They may send official-looking letters that imply the debt is still fully enforceable. If you receive such a letter about an old debt, check the limitation dates before responding — and never make a payment or send a written acknowledgement unless you have confirmed the debt is not yet statute barred or you have decided to repay it voluntarily.

Statute Barred Debt vs Written Off Debt: What’s the Difference?

Statute Barred Debt	Written Off Debt
Time limit for court action has passed	Creditor has given up on recovery internally
Creditor cannot take legal action	Creditor has removed it from their books
Debt still legally exists	Debt may still be sold to collectors
May still show on credit file	Usually shows as a default or settled on credit file
Clock started by last payment/acknowledgement	No impact on limitation period

‘Written off’ is an internal accounting term. When a creditor writes off a debt, it means they have removed it from their assets as uncollectable — but the debt still legally exists and can still be sold. A written-off debt is not necessarily statute barred, and a statute barred debt may not be written off. The two concepts are independent of each other.

Does a Statute Barred Debt Stay on Your Credit File?

Statute barred status does not remove a debt from your credit file. Credit file entries follow their own rules: most negative entries including defaults, missed payments, and debts in collection remain on your credit file for six years from the date they were first recorded — typically the date of default.

This means that for many debts, the six-year limitation period and the six-year credit file period run roughly in parallel. Once both six-year periods have passed, the debt is both statute barred and removed from your credit file. However, if you defaulted early in the debt’s life and then made occasional payments that delayed the limitation clock, your credit file entry may drop off before the debt becomes statute barred.

If a debt is incorrectly showing on your credit file after six years from the default date, you can dispute this with the credit reference agency (Experian, Equifax, or TransUnion) directly through their online dispute portals.

What to Do If a Collector Contacts You About an Old Debt

Receiving a letter about a debt you thought was in the past can be stressful. A step-by-step approach:

Do not make any payment until you have confirmed whether the debt is statute barred
Do not send any written acknowledgement of the debt until you know your position
Establish the date of your last payment by checking bank statements or requesting a statement of account
Calculate whether 6 years (England/Wales) or 5 years (Scotland) has passed from that date
If the debt is statute barred, you may choose to send a written response stating this — but you are not obliged to respond at all
If threatened with court action on a statute barred debt, report it to the FCA at fca.org.uk/consumers/report-financial-scam
If unsure, call National Debtline on 0808 808 4000 (free, confidential)

If HMRC is the creditor, see our guide to whether HMRC can access your bank account and what powers they have.

If you are dealing with DWP debt recovery or benefit overpayment demands, see our guide to the DWP benefit fraud crackdown and what it means for claimants.

For free, confidential debt advice from trained specialists, National Debtline provides a complete guide to statute barred debt at nationaldebtline.co.uk.

The full text of the Limitation Act 1980 is available at legislation.gov.uk — Limitation Act 1980.

This article is for informational purposes only and does not constitute legal or financial advice. Debt rules are complex and depend on individual circumstances. Seek free advice from National Debtline (0808 808 4000), StepChange (0800 138 1111), or Citizens Advice before making any decisions about old debts.

Bottom Line


England and Wales	6 years — Limitation Act 1980
Scotland	5 years — Prescription and Limitation (Scotland) Act 1973
Clock starts	Date of last payment OR last written acknowledgement
Clock resets if	You make any payment or send written acknowledgement
What SB means	Creditor cannot take you to court
What SB does not mean	Debt is deleted; collectors cannot contact you
If sold on	Limitation period carries over — does not reset
Credit file	Defaults stay 6 years from default date — separate to SB period
Free advice	National Debtline: 0808 808 4000 \| StepChange: 0800 138 1111

Frequently Asked Questions

How long before a debt is written off in the UK?

In England and Wales, most unsecured consumer debts (credit cards, personal loans, overdrafts) become statute barred after 6 years from your last payment or last written acknowledgement. In Scotland, the period is 5 years. ‘Written off’ and ‘statute barred’ are different things — a debt being statute barred means the creditor cannot take you to court; it does not automatically remove the debt from your credit file.

Can a debt be chased after 6 years in the UK?

Collectors can still contact you about a statute barred debt and ask you to pay voluntarily. What they cannot do is take you to court, obtain a CCJ, or threaten legal action. Threatening court action on a statute barred debt is a breach of FCA regulations. If threatened, report it to the FCA.

How do I know if my debt is statute barred?

You need to identify the date of your last payment to the creditor and the date of your last written acknowledgement. If 6 years (England/Wales) or 5 years (Scotland) have passed since whichever is more recent, the debt is likely statute barred. Check bank statements, request a statement of account from the creditor, or contact National Debtline (0808 808 4000) for free advice.

Does a statute barred debt get sold on to other collectors?

Yes — statute barred debts are regularly sold in portfolios to debt purchasing companies. The limitation period carries over unchanged when a debt is sold. A debt that is statute barred with the original creditor is statute barred with any subsequent purchaser.

Is a debt written off after 6 years in the UK?

Not automatically. After 6 years, an unsecured debt in England and Wales becomes statute barred, meaning the creditor can no longer take you to court. However, the debt does not disappear — it can still be chased informally. Your credit file entry from a default will also remain for 6 years from the date of default, after which it drops off automatically.

Disclaimer:This article is for informational purposes only and does not constitute legal or financial advice. If you are struggling with debt, contact a free debt advice service such as National Debtline or StepChange.