Old debts in the UK can they still chase you

Old debts can be confusing. Maybe a collection letter has arrived for something you barely remember, or a company is chasing a balance from years ago. People often ask whether they still have to pay, and whether a very old debt can ever be written off.

In the UK there is an important idea called “statute barred” debt (or “prescribed” debt in Scotland). This does not magically wipe a debt away, but it can limit what a creditor is allowed to do through the courts.

What does “statute barred” actually mean?

For many types of debt in England, Wales and Northern Ireland, the Limitation Act 1980 sets a time limit for a creditor to start court action. For “simple contract” debts (which includes most unsecured consumer debts), the general limit is six years from when the creditor could first have sued you. If they do not start court action in time, the debt can become “statute barred”.

National Debtline explains that this means the creditor is out of time to use the court to enforce the debt, so you can defend a claim on that basis if they try to sue you later. The debt still exists in theory, but it is effectively unenforceable through the courts.

In Scotland, a similar idea exists under the Prescription and Limitation (Scotland) Act 1973, but the terminology and time limits are different – most consumer debts have a five year prescriptive period rather than six. This is usually called “prescribed debt”, not “statute barred”.

Sources you can check:

• National Debtline – statute barred debts (England and Wales)
• National Debtline – statute barred debts (Scotland)
• Limitation Act 1980 and Scottish prescription rules

How long can most debts be chased in England, Wales and Northern Ireland?

Citizens Advice summarises the rules for most consumer debts in England and Wales like this:

• Time limit (“limitation period”) – usually 6 years for most credit debts.
• The clock normally runs from the later of:
  • the last time you made a payment, or
  • the last time you acknowledged the debt in writing.
• If you have not had court papers within that time, and there has been no payment or written acknowledgement, the debt may become statute barred – meaning the creditor cannot use the court to enforce it.

Key points from Citizens Advice and National Debtline:

• The limitation period can restart if you or a joint borrower make a payment, or if you write to the creditor admitting that you owe the money.
• Phone calls or letters from the creditor do not restart the clock by themselves – it is your payment or written acknowledgement that matters.
• If the creditor has already obtained a County Court Judgment (CCJ) before the six year limit, the rules are different – the CCJ itself has separate enforcement rules and is not made statute barred in the same way.

How long in Scotland?

In Scotland, the rules are based on “prescription” rather than the Limitation Act.

National Debtline and Citizens Advice Scotland explain that for many common consumer debts (such as credit cards, personal loans, catalogues, overdrafts, old gas and electricity bills and rent):

• There is usually a 5 year prescriptive period.
• For the debt to be “prescribed”, there must have been, during those 5 years:
  • no payment,
  • no written acknowledgement from you, and
  • no court decree or formal enforcement.

However, some debts in Scotland have a 20 year period instead, including:

• certain benefit debts from the Department for Work and Pensions (DWP) or HMRC,
• some council tax and business rates debts,
• some other public debts.

Because Scottish rules are more complex, it is sensible to check Scottish specific guidance or speak to a Scottish debt adviser if you live there.

Which debts usually follow the normal 6 year (or 5 year) rule?

According to National Debtline, StepChange and Citizens Advice, the standard limitation rules in England, Wales and Northern Ireland usually apply to:

• most credit cards and store cards
• personal loans and hire purchase (not secured on your home)
• overdrafts
• catalogue accounts
• many utility bills (gas, electricity, water, phone)
• rent arrears owed to a private landlord
• many benefit overpayments where the creditor is using the county court to recover them

National Debtline also notes that for things like housing benefit overpayments, councils normally have six years to take court action, though they may also have other powers such as deductions from benefits.

If you are not sure what kind of debt you have, Citizens Advice has a step by step guide on checking whether you are still liable and whether a time limit may apply.

Which debts often have different time limits or special rules?

Some important exceptions are regularly highlighted by debt charities and legal guides:

• Mortgage shortfalls (England and Wales)
  If your home is repossessed and sold but does not clear the mortgage, there can be a “shortfall” debt. Citizens Advice explains that lenders usually have 12 years to take court action for the main mortgage balance and 6 years for interest after sale. This is based on different sections of the Limitation Act than simple contracts.

• Tax debts
  The Limitation Act 1980 does not apply in the normal way to many tax debts such as income tax and VAT. HMRC guidance and legal commentary explain that proceedings to recover tax are specifically excluded from the standard six year limitation, so HMRC can often enforce tax debts far beyond that period, although in practice they follow their own policy limits.

• Council tax (Scotland)
  Citizens Advice Scotland notes that councils can apply to court for council tax arrears for up to 20 years from certain key dates.

• Benefit debts in Scotland
  National Debtline Scotland explains that the normal 5 year prescriptive period does not apply to certain benefit debts from the DWP or HMRC, and that a 20 year period can apply instead.

Because of these differences, you should never assume a debt is statute barred without checking the type of debt and where you live.

Does a statute barred debt disappear or show on my credit file?

StepChange and other advice sources stress two important points:

1. When a debt becomes statute barred or prescribed, it usually means the creditor cannot use the court to force repayment. It does not automatically mean the debt is “written off” in every sense.
2. Credit reporting has its own 6 year rules that are separate from limitation periods.

For example, UK credit reference agencies typically remove a defaulted account from your credit file six years after the default date, whether or not you have repaid it. An old debt may drop off your credit file but still not be statute barred if you have made payments or written about it within the last six years (or five in Scotland).

Equally, a debt might be statute barred in law while still appearing on your credit file for a period, depending on when the default was recorded. The two systems run on different clocks.

If you are unsure how an old debt should appear on your credit file, it is worth checking all three main credit reference agencies and asking a free debt advice charity to help interpret what you see.

Can creditors or collectors still contact me after a debt is statute barred?

Yes, they often still ask for payment, but there are important limits.

Guidance from the Financial Conduct Authority (FCA) and National Debtline explains that for regulated consumer credit debts, firms must not:

• mislead you by threatening court action on a debt that is clearly statute barred,
• press you to pay if you have stated that you will not pay a statute barred debt,
• ignore evidence that the limitation period has expired.

The FCA's consumer credit rulebook (CONC 7.15) says firms should not continue to demand payment on statute barred debts in a way that is unfair or misleading. If you believe a creditor is breaking these rules, you can complain to the firm and then to the Financial Ombudsman Service.

However, even when a debt is statute barred, the creditor may still ask you to pay on a voluntary basis, and the balance can technically remain on their internal records.

How do I check if my debt might be statute barred?

Debt charities suggest working through a few key questions:

1. What kind of debt is it?
   Is it a credit card, personal loan, overdraft, catalogue, utility bill, tax debt, benefit overpayment, mortgage shortfall, council tax, or something else? Different rules may apply.

2. Where do you live now, and where were you when you took out the debt?
   England and Wales generally use a 6 year limit; Scotland usually uses 5 years for many debts; some public debts have longer periods.

3. When was the last payment?
   Check bank statements, old letters or online account records if you have them.

4. Have you written to the creditor about this debt?
   A written acknowledgement that you owe the debt, signed by you (or sent from your account), can restart the limitation period in many cases.

5. Has the creditor already taken you to court?
   If there is already a CCJ (in England and Wales) or decree (in Scotland), normal statute barred arguments do not apply in the same way. Court judgments have their own enforcement rules and time scales.

If you are missing paperwork or are not sure, do not guess. National Debtline, StepChange and Citizens Advice can help you piece together the timeline and work out what limitation period applies.

How should I respond without accidentally restarting the clock?

One risk with very old debts is that you might restart the limitation period by mistake.

Debt advisers usually suggest:

• Do not phone up and casually agree you owe the money before you have had proper advice. A phone call does not normally restart the clock on its own, but it is easy to say things that the creditor may later present as an admission.
• Do not send a payment “just to get them off your back” until you understand the consequences. Even a small token payment can restart limitation on many debts.
• Use a carefully worded letter if you need more information. StepChange and Citizens Advice both publish template letters that:
  • ask the creditor to prove the debt, or
  • state that you believe the debt is statute barred,
  • explicitly say that you do not acknowledge the debt.

These templates are designed to avoid restarting limitation while you check your rights. You can find them on the Citizens Advice and StepChange websites by searching for “statute barred debt letter”.

Should I ever pay a statute barred debt anyway?

This is a personal and sometimes ethical decision, and it is one reason to get individual advice.

Points to consider:

• If the debt is statute barred, the creditor cannot use the court to force you to pay.
• You might still decide to settle it if, for example, it is owed to a local business or relative, or if clearing it will make personal relationships easier.
• In some cases, creditors may offer a reduced “full and final settlement”. If you are thinking about this, get proper debt advice first and make sure any deal is confirmed in writing before you pay.

Free charities like StepChange and National Debtline can talk through pros and cons based on your wider situation.

When should I get help?

You should definitely talk to a free, regulated debt adviser if:

• you are receiving letters or calls about several old debts,
• you are not sure whether any of them are statute barred,
• you are worried about court action or bailiffs,
• you feel overwhelmed and do not know where to start.

Reliable UK sources of free help include:

• National Debtline – detailed guides on statute barred debts and a helpline for England, Wales and Scotland.
• StepChange Debt Charity – explanations of limitation periods and online debt advice tools.
• Citizens Advice – step by step guides on checking if you have to pay a debt and template letters to challenge old debts.

These organisations can help you work out whether a creditor is still in time to take court action, what to say in response, and what your broader options are if you have other debts as well.

Key points to remember

• For most unsecured consumer debts in England, Wales and Northern Ireland, creditors normally have six years to start court action. For many similar debts in Scotland, the period is usually five years.
• A debt that is statute barred or prescribed is usually unenforceable through the courts, but it does not always disappear completely.
• Making a payment or acknowledging the debt in writing can restart the limitation period in many cases.
• Some debts – such as mortgage shortfalls, some tax debts, council tax and certain benefit debts – have different or longer rules.
• If you are unsure, get independent, free debt advice before you pay or write anything. It is much easier to check your position in advance than to undo a mistake later.