Statute-Barred Debts: The 6-Year Rule (and Exceptions)

What “Statute-Barred” Means (Simple Definition)

In England & Wales, most everyday credit debts (cards, loans, overdrafts, BNPL, catalogues) have a six-year limitation period to start court action under the Limitation Act 1980. If there’s been no payment, no written acknowledgment, and no court claim for six years, the debt is usually statute-barred — meaning the creditor can’t get a new CCJ for it. The balance can still exist ethically, but court enforcement is blocked.

Important: the six-year rule is for most “simple contract” debts. Some debts have different limits (see exceptions). Also, a CCJ never becomes statute-barred — different rules apply to enforcement after six years.

Quick Checker — Could Your Debt Be Statute-Barred?

When the Six-Year Clock Starts — and What Resets It

When it starts

Usually from the date you first defaulted or the date the creditor could first have sued (cause of action). For cards and catalogues, that’s often after a missed payment and required default notices.

What resets the clock

• Any payment you (or your agent) make — even £1 — restarts the six-year period.
• Written acknowledgment that you owe the debt, signed by you (letters, emails, digital signatures usually count), restarts the six years.
• A court claim is issued — limitation stops running while the matter is before the court.

What doesn’t reset it

• Phone calls or verbal chats with collectors.
• Credit file entries changing status.
• Letters sent to you by the creditor/collector.

Pro tip

If you think a debt might be statute-barred, avoid paying or admitting liability until you’ve checked dates properly. Ask the creditor to prove the last payment/acknowledgment date.

Key Exceptions to the Six-Year Rule

County Court Judgments (CCJs)

A CCJ itself doesn’t become statute-barred. After six years, a creditor typically needs the court’s permission to enforce an old judgment (e.g., bailiffs or an attachment of earnings), but the judgment isn’t wiped. Suspect an old CCJ? See Stop Court Action.

Council Tax

Councils should apply for a liability order within six years of the bill falling due. If they didn’t, it may be too late to obtain one. Once a liability order exists, councils can enforce it under different rules. Read Council Tax Debt.

Mortgage Shortfalls

If a sale didn’t clear the mortgage, lenders usually have 12 years to pursue the principal and six years for interest. Learn more at Mortgage Arrears.

HMRC Debts (Tax & Duty)

Proceedings to recover tax or duty are excluded from the standard six-year limitation under the Limitation Act. See Tax & HMRC Debt.

Other notes

• Benefit overpayments can sometimes be recovered by deductions outside court limits.
• Scotland is different (“prescription”) — typically five years; this page covers England & Wales.

Step-by-Step: Is My Debt Statute-Barred?

1. List the account (original lender, reference).
2. Find dates: last payment and last time you wrote admitting you owe it.
3. Check courts: was a claim ever issued (CCJ)? If yes, the statute-barred test doesn’t apply.
4. Ask for proof if unsure: request the creditor’s records of last payment and any signed acknowledgment.
5. Don’t reset the clock by paying or admitting liability before you finish checking.

Free Template: “I Believe This Debt Is Statute-Barred”

Use this wording to ask a creditor/collector to stop pursuing an old debt you believe is statute-barred. Don’t sign if you’re worried about signature misuse — print your name instead.

Common Questions People Search (Quick Wins)

Is a debt written off after 6 years?

For most simple-contract debts, if there’s been no payment, no signed acknowledgment and no court claim in six years, a creditor usually can’t start court action. It’s not “deleted”, but enforcement is blocked. See Compare Solutions if balances remain unaffordable.

Can debt collectors chase me after 6 years?

They can ask, but they generally can’t win a new CCJ for a statute-barred debt. If chased for very old debts, use the template above or see Stop Debt Collectors.

Does a £1 token payment reset the clock?

Yes — any payment usually restarts the six-year period. Be careful with very old debts.

What if I’ve received a claim form after 6 years?

You may be able to defend on limitation grounds. Act quickly; deadlines apply. See Stop Court Action.

Council tax more than 6 years old?

If the council didn’t get a liability order within six years, they may be out of time to do so. If they already have a liability order, different enforcement rules apply. Read Council Tax Debt.

Mortgage shortfall after repossession?

Different limits apply: usually 12 years for capital and six years for interest. See Mortgage Arrears.

Statute-Barred FAQs (Quick Answers)

Does a payment from a charity or third party reset the clock?

Yes — any payment made on your behalf usually counts and restarts limitation.

Do “prove it” or holding letters reset the clock?

No, not if they don’t admit liability. Avoid wording like “I agree I owe”.

Can a default drop off my credit file and still not be statute-barred?

Yes. Credit reporting rules (six years from default/CCJ) are separate from court limitation rules.

What if I live in Scotland?

Different rules (“prescription”). This page is for England & Wales. If you’ve moved, still ask us for tailored guidance.