Statute barred debt: A step-by-step guide

posted by in Collection Process, Debt

What counts as credit?

Can Statute Barred debt be written off?

We never encourage people to avoid paying their debts. You won’t hear us making false claims about “getting your debts written off”. That’s what daytime TV advert breaks are for.

We’re here to give the expert debt help and practical solutions people need to get back in control of their finances.

That being said, we’re here for you. And as my old school teacher use to say (a lot), “knowledge is power”. I want you to be armed with everything you need to get debt free and stay there. That’s why I want you to know about statute barred debt.

What is statute barred debt?

Statute barred debt refers to a debt that’s not enforceable because the time a creditor has to chase payment has passed. This is outlined under the Limitation Act 1980.

The act is not a way for people to avoid paying debts. If your debt is not statute barred there’s no way to use the Limitations Act to avoid paying it. But non-enforceable debts are sometimes pursued by debt collection companies when they shouldn’t be, so it helps to know where you stand.

How long can a creditor chase a debt for?

Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This ‘limitation period’ starts from the time of your last payment or acknowledgement of the debt, not the total length of time you’ve been making payments. If a court judgment (CCJ) has been registered against you before the limitation period has passed it can be enforced at any point. There is no limitations period for a CCJ.

For Scottish debts the rules are different as statute barred debts cease to exist (and creditors aren’t allowed to ask you for payment) after five years, unless the court has issued a Decree before the five year limitation period.

The Limitation Act doesn’t apply to debts owed to the Crown such as income tax. Because the act prevents court action, some debts such as benefits overpayments and Council Tax sometimes use different collection methods that don’t involve the court, which means the debt can be collected even after six years have passed.

When can the Limitations Act 1980 be used?

The act states that when ALL of the following conditions are met a debt cannot be enforced:

  • The creditor has not registered a County Court judgment (CCJ) against you
  • You (or with joint debts, you and the other person) have not made a payment in the last six or twelve years
  • You have not admitted the debt in writing in the last six or twelve years

What does ‘not enforceable’ actually mean?

If a debt is statute barred it isn’t ‘written off’ and it doesn’t disappear. If a debt is not enforceable it means that if a creditor tries to take you to court, you’ll be able to defend the case and you won’t get a CCJ. Creditors aren’t allowed to keep chasing a debt that is statute barred if they haven’t been in touch with you at all during the six year limitation period, but they can keep asking you for payments if they’ve been in regular contact. If you’ve changed address without telling the creditor or not opened the letters, this doesn’t mean that creditors haven’t tried to contact you.

Some creditors, such as the DWP (Department for Work and Pensions), have legal powers which allow them to take money from wages or benefits without going to court. They can still do this even if the limitation period has passed.

What to do if you think your debt is statute barred

The thing with a statute barred debt is that the burden of proof is with the creditor to prove you do have to pay it, not for you to prove you don’t. If a creditor has contacted you and you definitely know the debt is statute barred you should write to the creditor to tell them.

Template letter for statute barred debt

Here is the statute barred template letter (PDF) you can send. just add your name, address and the creditor’s details at the top. It doesn’t have to be exactly the same as this if you’d prefer to write your own.

Here’s what to do if you think your debt is statute barred:

  1. First of all you should get a copy of your credit file. You can do this for free at Noddle
  2. Write to the creditor contacting you (using the template letter above). Send the letter recorded delivery from the Post Office so you can prove they received it
  3. Be aware that if the full six or twelve year period has not passed, if you make a payment the limitations period would start again from that point
  4. If they continue to chase you without sending proof complain to the Financial Ombudsman who will take up your complaint. Don’t go to the Ombudsman first as they’ll bounce back your complaint
  5. If they do send proof and you’re liable don’t feel pressured to pay more than you can afford. Use our confidential online debt advice tool, for a free budget assessment and personal action plan explaining exactly how to deal with your debts

Of course just because a debt is statute barred, it doesn’t mean you can’t pay it off. If you know you owe the money you may want to pay it back. As they’re non-priority debts creditors are only entitled to payments you can manage and we can help you work out the quickest way to pay the debt back.

We get lots of comments on this post, so if your question hasn’t already been answered in the article, have a read through some of the many questions we’ve answered for other people.

Tags Collection Process Debt
  • Marie

    Hi there, I just wondered if statute barred debt applies to personal money exchanges? An ex partner gave me £10k around 7 years ago but on splitting some time after insisted it was a loan. Where do I stand?

    • moneyaware

      Hi there,

      Thanks for posting.

      It’s usually debts that are covered by the Consumer Credit Agreement that can become statute barred, if they meet the criteria above.

      Having no evidence or agreement that the money was a loan may make it difficult for your ex-partner to make a successful claim for the money in court. However they can still take the case to court and there’s no guarantee over who the judge would decide wins the case.

      As our expertise is in helping people deal with their debts, we can’t offer specific advice over disputing whether you owe them.

      You might find it beneficial to get in touch with Citizen’s Advice to get further help with this:

      https://www.citizensadvice.org.uk/

      Kind regards,

      Jen

      • Marie

        Thanks, that’s very helpful

  • MrScorpio

    Hi there,
    Regarding statute barred timings..
    I require absolute clarification on something please…
    An alleged debt is on the cusp of becoming statute barred . However the claimant has sneeked in a claim with Northhampton..
    It’s still in the early-ish stages. A defence has been lodged, and the claimant has yet to reply.
    However, you website clearly states that for a statute barred to be valid, the three criteria to be met are..
    1) NO CCJ lodged,
    2) NO acknowledgement of the alleged debt in writing, and
    3) NO payment.

    Point 1) “no CCJ”, is what i need clarification on.
    I have read on the website: “getoutofdebtfree.co.uk” (Yes i know.. :-/),
    A user had stated that if a court claim is lodged… NOT awarded etc, just lodged, that this STOPS the clock!?
    I’m thinking why should it? Given that ‘burden of proof’ lies with the claimant, and nothing has been proved yet. Certainly no CCJ has been given.

    Thus in a nutshell, the start date for the 6 years to be up, will probably fall during the ‘waiting’ time for the hearing date…
    Of course at this point still… nothing has been ‘proved’ or acknowledged in favour of the claimant, etc.
    So can the case be ‘stopped’ by submitting additional ‘defence’ by stating stature barred.. or write to all parties claiming such?

    I’m hoping the person who stated the above is talking rubbish?
    Because if they are not, that tantamount to me just saying to someone… You owe me money… Why? Because i Say So! … And the court awarding on a ‘because i say so’ without proof.. and ignoring th e 6 year rule from cause of action?
    This would be very dangerous ground surely?

    Please advise, as the above seems at odds with what you state on your own site here…

    • moneyaware

      Hi there,

      Thanks for your message.

      If you believe the debt is statute barred at the time of the hearing then it could be a defence worth putting forward during the hearing.

      Simply starting legal action isn’t sufficient to ‘stop the clock’, so if the debt does become statute barred between now and the date of your hearing then it could still be a valid defence.

      But based on the information you’ve given me, I’m not in a position to say whether your debt is definitely statute barred, or that this defence will definitely be accepted by the judge.

      I hope this answers your question.

      Kind regards,

      Laura

  • Nik_b

    Hi,

    I have a quick question that I am unsure if Statute barring applies to my situation or not.
    10 years ago my bank had a glitch in thier system that ended up with me having an extra £250 in my bank. I was young, stupid and struglling with a new child. I took the money and spent it. I tried paying it back at £50 a week but the bank kept taking EVERY penny that went into my account (£70 a week), to the point of I had to steal my childs baby milk formula. Anyway, the bank has since been piling on the overdrawn charges and the last i saw was over £2.500 in debt with them. I have not acknowledged them since 2006. I have received the odd letter after moving property a couple of times but no letters at all for 3 years. No CCJs or any court action at all. Am I covered by the Statute?

    Thank you for any advice

    • moneyaware

      Hi Nik,

      Thanks for your message. From what you’ve described, it sounds as though your debt could be an unauthorised overdraft. In general with overdrafts, if there isn’t a fixed repayment date then the limitation period can only begin after your creditor has formally demanded that you pay the full amount.

      I’m not able to say for certain that your debt is statute barred, but you could use the template letter in the article to let your creditor know you believe it is and to ask them for confirmation that they won’t pursue you for the debt.

      I hope this helps.

      Kind regards,

      Laura

  • william munn

    Sir, re Statute Barred, my friend (honest) is being hounded by a Debt Collection company for an alleged debt that is approx 8 years old. Can the Statute Barred letter still be sent to this company?

    • moneyaware

      Hi there,

      Thanks for your message. If your friend hasn’t acknowledged the debt in the last six years and their creditor taken any legal action to recover the debt, it could be statute barred. If your friend believes the debt is statute barred, they can use the template letter in the email to let the creditor know.

      I hope this answers your question.

      Kind regards,

      Laura

      • william munn

        Thank you, Laura. What I wanted to know though, was if the same letter could be sent to Debt Collectors

      • moneyaware

        Hi there William,

        Yes, the letter applies to collection agencies pursuing a potentially statute barred debt as well.

        Kind regards,

        Rachel

      • william munn

        Thank you, Rachel.

      • william munn

        Thank you, Laura. You’ve been very helpful.

  • alisonp

    I have received debt collection letter from a company saying I owe the post office £107. Initially I had absolutely no idea what this could be for, as I am not a client of the post office (except for when i buy stamps) then I remembered about 8/9+ years ago we used to have our home phone with them, then we cancelled and went through SKY and I settled everything with them. I vaguely do remember paying off the last bill at the local post office. I have not had any bills or notifications from the Post Office before now, absolutely nothing. I have no proof any more that I paid this off, but how can they say I owe them something after all this time – is there a time limit on things like this. I am never a late payer or defaulter on anything.

    • moneyaware

      Hi Alison,

      Thanks for your message. Until you know what the debt is for, it’s not possible for me to say whether or not it falls under the Limitation Act and could be statute barred. I’d recommend you get in touch with the creditor to ask for more information. Once you know more, I’d suggest you give our Helpline a call and have a chat with one of our advisors about the best way to deal with the debt. You can find out how to get in touch with us here: http://www.stepchange.org/Contactus.aspx

      I hope this helps.

      Kind regards,

      Laura

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  • Matthew

    Good afternoon

    My “better half” has been pursued by a debt collection agency for alleged debt to BT.
    On contacting BT they have no record of any debt and all her previous debt was managed by a Debt Management Company of which this BT debt was not part of.
    All debts have recently been cleared by the Management Company after a house sale made this possible and a letter has been received to confirm this.
    We claimed Statute Barred as she has no knowledge of the debt and is sure her account with BT ended over six years ago.
    Past Due Credit Solutions have written back without evidence and have just stated that the last payment was made less than six years ago.

    In my mind this is not proof.

    Should we complain to the Financial Ombudsman now or write back to Past Due Credit Solutions asking them for actual proof of alleged debt?

    Any help would be gratefully received.

    • moneyaware

      Hi Matthew,

      If the creditor is claiming that the last payment was less than six years ago, then they’re usually required to be able to provide this information to you.

      You could ask again or make a written formal complaint to them asking them for this information. Remember, the Financial Ombudsman can only become involved if you’ve already made a complain to the creditor and you’re unhappy with the outcome or it doesn’t get resolved within a certain period (usually 8 weeks).

      Also, it’s common for the original creditor not to have information on the debt, especially if it’s been handed over to a collection agency.

      If the creditor don’t provide the information then they’d need to provide evidence of this payment to the court should they decide to take further action, but it’s unusual for a creditor to take action like this unless they know for certain that a debt isn’t statute barred already.

      I hope this helps,

      Rory

  • Elsi

    I had a marks and Spencer’s debt which I was paying until July 2007 when illness and unemployment meant I had a severe drop in income and my debts rose. I tried keeping up with those debts that contacted me but heard nothing from m&s until a debt collection agency applied to a court for payment in January 2014. I replied to the papers saying I believed it was statute barred and heard nothing for almost a year until they wrote saying they had proof of later payments which was a poor photocopy of what looked like a ledger, not a bank statement saying I made a payment in 2008. I did not reply as it was an extremely difficult year with more illness and bereavements and again many months went by with no more contact until a few weeks ago when I got another notification that they had applied to go back to court. The court then wrote saying it was being transferred locally and now I have a notification to appear. I don’t know where I stand. I cannot find any bank statements showing the payments made and I can’t see that a creditors internal ledger is proof but I am terrified of having to stand up alone in a court and try and defend myself against what I’m sure will be an experienced plaintiff! If I had the money I would pay but I am struggling as it is with no work or much income coming in. Apart from replying to the court papers in Jan 2014 I have not spoken to the creditor. How should I proceed?

    • moneyaware

      Hi Elsi,

      Thanks for posting.

      I’m sorry to hear about this.

      Without more information it’d be hard to make a suggestion on how you should proceed.

      It’s unclear whether you’ve already received a County Court judgment for the debt and this is why you need to go to court or if the creditor is only just applying for a CCJ.

      If you’d like to give us more information we may be able to help further.

      Kind regards,

      Jen

      • Elsi

        Thank you for your reply. No I don’t currently have a CCJ. As I said, I was sent a court summons which gave me the chance to offer a defence. I completed the form explaining that with no contact over the required period, I believed the debt was statute barred. I heard nothing more for months. Then I had a letter nearly a year later from the debt collector saying they had proof of my payment up to 2008, although I had no record of this, but it was a photocopy of a ledger, not a bank statement supposedly proving payments received. I did not respond. Then over a year since the original court papers were received I had a notice from Northampton court saying the plaintiff had reapplied but it was being transferred to a court more local to me, then I got a brief letter advising me of a date to appear. That’s where I’m up to.

      • moneyaware

        Hi Elsi,

        If you believe the debt is statute barred you should be able to defend the CCJ in court using this as an argument. Attending court can be worrying, however it’s likely

        the hearing will just be in a normal room, like an office, with you, the creditor and a judge. You may be able to take a family member or friend along with you for support.

        The judge dealing with the case is impartial, so will make a decision based only on the facts available. We wouldn’t be able to say

        if the photocopy of the ledger will be considered enough evidence of payment. However it might be worth getting in touch with your bank to see

        if they can provide a statement from the time shown on the ledger, to see if any payments were made at this time.

        Our expertise is in helping people deal with their debts so we’re unable to offer specific advice about disputing whether you owe them. However you might find it beneficial

        to get in touch with Citizen’s Advice for more help with this, their website is here:

        https://www.citizensadvice.org.uk/

        and they have a page about disputing debts here:

        https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/how-to-dispute-a-credit-debt/how-to-dispute-a-debt/

        If the debt isn’t statute barred you can come to an agreement with the creditor about repayments. If you put together a budget to help show the court

        how much you have available to pay towards the debt the repayment amount will usually be based on what you can afford. If you’d like some help putting

        together a budget, our advisors will be able to help. You can find out how to get in touch with us here: http://www.stepchange.org/Contactus.aspx

        I hope this helps but if you have any questions please let us know.

        Kind regards,

        Jen

  • william munn

    My friend is being hounded by EE over debt repayment. He owed circa £500 and under pressure foolishly agreed to pay this off at £85 per month. He has paid a total of £232 but the strain of finding £85 each month is having a deleterious effect on his health. He telephoned and explained this and offered to pay £55 per month but this offer was refused. What course of action is open to him, he wants to pay this debt off.

    • moneyaware

      Hi William, thanks for getting in touch

      It sounds like your friend would benefit from some free and confidential debt advice.

      If the mobile phone contract has been cancelled, then the debt is classed as a non priority. This means that despite the fact that the creditor has refused the offer of £55, they’re only entitled to what your friend has left over once they’ve covered living expenses such as rent, council tax, utilities and general living costs such as food. The difficulty is that without seeing an up to date budget outlining what your friend has coming in and going out each month, creditors can sometimes struggle to understand how much the person can realistically afford to pay.

      I recommend that your friend gets in touch with us. We can go through their budget and look into any debt solutions that may be beneficial for him.

      Our online advice tool Debt Remedy can help your friend build his budget and give him a personal action plan in around 20 minutes: http://www.stepchange.org/debtremedy.aspx

      Alternatively, he can talk to one of our friendly advisors about his situation. Visit our contact us page to find out more: http://www.stepchange.org/contactus.aspx

      Kind regards

      Rachel

      • william munn

        Thank you, Rachel, I will communicate your excellent advice to him.

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  • pendlewitch

    I am being chased by Robinson Way for £170.31 on behalf of Santander Bank. This matter dates back to 2009 when I had a Debit Account with this Bank. I made a Debit card purchase with my Debit Card, which was allowed to go through and created a £2.28 debit on my Account. Unaware of this, I made another purchase with the Debit Card for an amount of £4.35, which was allowed again and brought my Account £6.63 in debit.
    When I received a Statement from the Bank I had been charged £25 for an Unauthorised Overdraft/Instant Overdraft Monthly Fee, two lots of £5.00 for Instant Overdraft Request Fees resulting in me being £41.63 in Debit. I went to the Branch & queried why purchases were allowed to go through when I had never asked for any Overdraft Facility on a Debit Account! I left the Bank after insisting they close my Account as I would not be paying for Charges being put onto my Account.
    After several letters from Robinson Way, which I binned, a Collector appeared at my door. I didn’t engage with her but contacted Robinson Way to request full details of this debt, following which I received a Transaction Summary with the last date of 24/03/2010 on it. They are holding my account for 30 days to enable me to contact Santander direct to resolve the complaint.
    Am I covered by the Limitation Act in this case? My point of not paying originally was because they allowed payment to go through when they shouldn’t have authorised this, then they slap on a mysterious ” Instant Overdraft” fee.

  • David Clarke

    Hi I recently received a letter from Lowell finance debt collectors about an old Orange phone debt for £180 from five years ago, so I phoned them to make arrangements to pay weekly but they said there is 3other old debts between 8and15years old they said I needed to pay as well so I’m paying off them all weekly but I didn’t know about the statutoryb barred would I not be able to do anything about the older debts now why I have started paying them thanks dave

    • moneyaware

      Hi David,

      If you’ve read the advice in the article and you believe that the debts are statute barred then you can let the creditor know about this and use our template letter.

      It also doesn’t matter if you’ve started paying the debt, as once debts become statute barred they remain this way, even if you’ve made payments to them.

      I hope this helps,

      Rory

  • Chris

    Hi,
    I have been pursed for a credit card debt dating back to 2001, I have had several collection agency’s contact me over the years and I have always stated the “Statured Barred” rule which to now they have all backed off and just sold the debt onto another agency. Recently I received court papers for the said debt from a NEW collection agency but had NOT received any other correspondence from them before explaining that they now own the debt. I have written to them stating the “Statured Barred” rule and also to the court stating the same along with a copy of the letter I had sent to the agency.
    What happens next & where do I stand……
    Thank you for your time.

    • moneyaware

      Hi Chris,

      It seems odd that you’ve received court paperwork for a debt that is statute barred. Creditors will usually check this type of information to make sure that the debt isn’t statute barred before applying for a CCJ. It might be worth contacting the creditor directly to discuss this, as they may be able to provide more information.

      If the debt is statute barred, and you enter this as a defence on your CCJ forms, the court will expect that the creditor can prove otherwise. The responsibility usually lies with the creditor to prove that the debt isn’t statute barred, rather than you proving that it is.

      I hope this helps,

      Rory

  • jo

    Hi
    Just wondered if anyone could help. I have received a statement from Lowell. It’s an annual statement – I have never received one before. It says the statement is for my information only as required by Cca 1974. The statement says that I have a debt of £528.16 from Shop Direct with original credit agreement date of July 2008. It goes on to say in the statement that the period covered is 1/10/2009 to 01/04/2016. Opening balance 528.16 and closing balance 528.16. No payments have been made and Im not sure where this debt has come from. My question is what do I do? There is no request for payment of this amount. Do I ignore it as it is from a long time ago now? Any advice would be appreciated. It’s worried me to be honest.
    Thanks
    Jo

    • moneyaware

      Hi Jo,

      Thanks for getting in touch.

      I’m sorry to hear about this situation. It can be very worrying when a debt turns up out of the blue.

      If the debt meets the criteria listed in the article above it could be statute barred. If this is the case, you could use the template letter in the article above to write to the creditor to let them know.

      It’ll them be up to them to prove that the debt isn’t statute barred.

      If the debt is statute barred it doesn’t mean that you no longer owe the money. It just means that the creditor can no longer use court action to get you to repay it.

      If you don’t recognise the debt and don’t think it belongs to you, you can write to the creditor asking them to prove it’s yours. There’s a template letter you can use to do this on the MoneySavingExpert.com forum. You can find it here:

      http://forums.moneysavingexpert.com/showthread.php?t=2607247

      I hope this has helped,

      Jen

      • jo

        Thank you very much. I appreciate your feedback.
        Jo x

  • RAYMOND STEVENS

    Hi, I urgently need some advice on a statute barred debt (I think.) I had a letter saying I owed money for a credit card debt back in 2001. I have never heard about this debt, contacted them or made payment towards this debt. I only contacted them when I had a letter back last year in 2015 to dispute the debt. I did not sign the agreement and reported to action fraud. The company say I am still liable to pay. Now, things get complicated. I have never made payment or acknowledged debt and the first I heard was last year (where have they been for 14 years?). They chased my son, who has the same name as me for the same debt. The credit agreement shows my date of birth but he has a recording of the company telling my son it is his debt with his date of birth and he made payments to them. No payment was made by me in all this time, or on behalf of me. All payment to this debt were made by my son from his own account as they chased him for the debt. He has taken them to court to try get his money back, they told him any money refunded will be added to the debt in my name and I would have to pay??? Is this true? Bear in mind I never heard from them for 14 years or made payment, as they chased my son for payments saying it was his debt. Now he is claiming his money back they want the debt paid off by me. Please help

    • moneyaware

      Hi Raymond,

      Thanks for your message and I’m sorry to hear about your situation.

      When looking to see whether a debt is statute barred, the court would consider the history of payments that have been made towards the debt. It’s unlikely to be relevant who made the payments, just that payments were made towards the debt. I’d suggest that given this it’s unlikely the debt is statute barred.

      If your son successfully claims his money back from your creditor and your creditor asks you to start repaying the debt, I’d suggest you make a formal complaint to your creditor to let them know you’re unhappy with the fact that they chased your son for the debt and that they told him his date of birth was on the account. If you’re not satisfied with their response, then the next step would be to make a complaint to the Financial Ombudsman Service (FOS), who can look into it on your behalf. You can find out more about making a complaint to the FOS here: http://www.financial-ombudsman.org.uk/consumer/complaints.htm

      If you’re worried about the impact repaying the debt could have on your finances, I’d recommend you get in touch with us for free advice. We’ll be able to take a look at your financial situation in more detail and recommend the best way for you to deal with the debt. You can find out how to contact us here: http://www.stepchange.org/Contactus.aspx

      I hope this helps.

      Kind regards,

      Laura

  • Raymond

    If I use a service such as Noddle to check my credit history will this mean that creditors will be able to track my address from the information provided to Noddle?

  • leanne parkes

    Hi, i have a small dept that i received a ccj for in 2009 which i did pay and have marked as satisfied on the ccj register, this ccj came off my credit file in 2015, however robinson way have been writing to me trying to pursue the same debt, how do i get proof of the paid ccj bearing in mind it was over 6 years ago? i didnt keep any documentation and i have written to them and due to it being so long ago they cannot find any proof either and are still pursuing, im not paying a debt that i cleared but id like robinson way off my credit file and stop pursuing me for it, many thanks

    • moneyaware

      Hi Leanne,

      This sounds like a bit of a tricky situation.

      If the debt has been repaid and he creditor isn’t able to provide any evidence that you owe the debt, we’d suggest making a formal complaint, in writing to them explaining the situation and how you’d like them to deal with it.

      If this doesn’t help resolve things, or the creditor continues to pursue the debt then you could also get in touch with the Financial Ombudsman Service http://www.financial-ombudsman.org.uk/ who can help in these types of situations. The Ombudsman can only start investigating things once you’ve made a formal complaint already, so this would be the first thing to do.

      Keep a record of any letters or correspondence you send and receive, so that if you need to show any further information you can. That’s why we also recommend making a complaint in writing.

      I hope you manage to get this resolved.

      Kind regards

      Rory

  • Karin

    Hi, hope you can give us some advice. My other half received a phone call today from a debt collection company regarding a Lloyds credit card from 1999. This is the first contact he has had since 2001. He has moved several times since as he was in shared rented accommodation. He did not admit any liability. Can we send the statue barred debt letter in this case? Many thanks in advance.

    • moneyaware

      Hi Karin,

      Thanks for posting.

      If the debt meets the criteria above you could use the template letter in the article to write to the creditor.
      If the debt isn’t statute barred, it’ll be up to them to prove it.

      I hope this helps,

      Jen

      • Karin

        Thank you Jen, we have sent the letter off today.

  • Christine

    Hi i have a debt what was owing to JD Williams and this was 10 years ago, this debt has been around a few debt collectors and is now with Cabot Financial, i have wrote to them using one of your statue barred letters, but i got a reply from them saying it wasn’t statue barred because in 2012 i paid £10.00, i did this to try and keep them of my back at the time,and the constant phone calls 7 days a week, 3 or 4 times a day got on my nerves and started to depress me. I thought after all this time it would have been wrote off, and more then likely wrote off with the original lender. I have had two letters from Cabot stating they are investigating my complaint but that was now nearly 4 months ago, i am wondering if they are playing tricks, this is a company who will not give in and i don’t trust, as far as i am concerned i don’t owe Cabot anything, i never told them to take the debt on, but it doesn’t matter what you say to them, you get different staff who ring you up and then you start all over again…i was taken to court last year over a £148 debt which was 8 years old, but statue barred to them doesn’t work and i got a county court judgement which is now on my credit file for 5 years and of course which i have now paid, My problem now is i have offered to pay them for the debt i have, because i don’t get in to debt anymore, and i am on widow’s pension because i do not want another county court judgement, just because i paid on it in 20012 i don’t know if i have done right by acknowledging them and told them i would pay on a monthly basis and hope i can pay it, and it is going to take at least 2 years to pay off.

  • Dan

    I recently received a debt collection letter asking to repay a German bank loan in the region of 18000. I was overseas at the time and was notified of the letter by my wife. Obviously this was a shock to us both and the letter stated that if we didn’t pay within 7 days they would be taking legal action. The letter had been posted late on a Friday evening so didn’t arrive to us until Monday afternoon. This left us what we believed was 3 days. I stupidly phoned the debt company before seeking advice as I was overseas and unable to access any advice and started talking about repayments. Since then I have sort legal advice and they have said these phone calls are not legal acknowledgement of the debt as Admissions need to be in a signed statement. The debt company have now notified Me that these phone calls are an admission of the debt and have reset the statue of limitations.

    Does the fact I discussed repayments with them over the phone count as acknowledgement of the debt or do they still need a written statement of admittance to be able to reset the bar.

    Any advice is truely appreciated,

    Dan