My debt is over 6 years old, is it statute barred?
Quick Answer
Possibly. Most unsecured debts become statute barred (unenforceable through court) after six years from the date of last payment or last acknowledgment. Mortgage debts have a 12-year limit. A statute-barred debt still exists but cannot be enforced in court.
Under the Limitation Act 1980, the limitation period for most unsecured debts (credit cards, personal loans, overdrafts, utility bills, council tax, etc.) is six years. The clock starts from the date the debt became due and payable, or the date of the last payment or written acknowledgment of the debt — whichever is later.
Once a debt is statute barred, a creditor cannot obtain a County Court Judgment against you. If they try to do so, you can raise the limitation period as a complete defence. However, the debt itself still legally exists — it is just unenforceable in court. Creditors can still contact you about it, and you can choose to pay it if you wish.
Important: the limitation clock resets if you make any payment towards the debt or make a written acknowledgment that the debt exists. Even partial payment can restart the clock. Verbal acknowledgments do not restart the clock.
Check the limitation date carefully. For each debt, you need to know: the original default date (visible on your credit report or the original default notice); the date of any last payment; and whether you ever acknowledged the debt in writing. The limitation period does not run from the date the debt was originally incurred — it runs from the last relevant event.
Mortgages and secured loans have a 12-year limitation period for the capital and 6 years for interest arrears. Benefit overpayments are treated differently and do not become statute barred in the same way.
Do not confirm, acknowledge, or pay anything on a potentially statute-barred debt without first seeking advice.
Relevant legislation
- • Limitation Act 1980, s.5–8
- • Limitation Act 1980, s.29–30 (acknowledgment and part payment)
Get free AI legal guidance on your situation
Tell Case Buddy about your specific circumstances and get instant, plain-English guidance.
Start Free →