A statute-barred creditor is still chasing me, what can I do?

Once a debt is statute barred under the Limitation Act 1980, a creditor cannot obtain a court judgment against you. If they attempt to do so, you can raise the limitation period as a complete defence and the claim will be dismissed.

However, the debt itself still legally exists — it is just unenforceable in court. This means creditors may continue to contact you about it, and some do. Under FCA Consumer Credit sourcebook (CONC) rules, creditors and debt collectors must not:

(1) Mislead you into believing the debt is legally enforceable when it is not; (2) Threaten court action on a statute-barred debt (this is an unfair practice); (3) Suggest you may be committing an offence by not paying a statute-barred debt.

Your course of action: write a formal letter to the creditor or debt collector stating that the debt is statute barred under the Limitation Act 1980, that you will not be acknowledging or paying it, and that you require them to cease contact. Keep a copy of the letter.

If they continue to contact you after this, or if they make misleading statements about your legal liability, complain to: the firm directly; then the Financial Ombudsman Service if unresolved in 8 weeks; and/or report to the FCA.

Crucially: do not make any payment or written acknowledgment — even a small payment restarts the limitation clock. You can make an oral acknowledgment without restarting the clock, but avoid any written or payment-based acknowledgment.