Statute barred debt: A step-by-step guide

posted by in Living with 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.

Update: Read more about statute barred debt on our website.

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.

Save

Save

Save

Tags Living with debt
  • Sylvia Harris

    Hi I have a debt from Nov 2010 the default was not made until June 25 2011 but the last payment was nov 21 2010 and no acknowledgement was made when does the limitations period begin it was a old phone contract. The dca Lowell are saying because the defaulted was enetered 9 months after first missed payment that the debt does not become time barred until the 25 June this year any help is appreciated as they are now threating court action

  • Sylvia Harris

    Also may I add they are being unreasonable and not providing any information that is helpful to help me determine this debt isn’t or is time barred they have basically said we understand you believe the debt is statue barred but basically our client is saying it is not helppp!

    • moneyaware

      Hi there Sylvia, thanks for posting

      The limitation act comes into force once six years have passed since you made your last payment or acknowledged in writing that you owe the debt. It doesn’t start from the date the creditor issued a default notice or from the date the account actually defaults.

      When a debt becomes statute barred through the limitation act, it will still ‘exist’ and may still show up on your credit file as there’s still a balance owed. What it does prevent however is the creditor taking the debt to county court to enforce further action against you such as bailiffs.

      If you believe this debt is statute barred, there’s a template letter on our website that you can print off and send to the creditor that’s currently collecting for the debt: https://moneyaware.co.uk/wp-content/uploads/Statute-Barred-Template-Letter.pdf

      I hope this helps

      Kind regards

      Rachel

  • Angela Smith

    I wondered if you could give me some advice, on checking my file I have a CCJ for a loan which is dated Jul 2014. I am now trying to clean up my credit file and wondered what the best course of action would be, ideally I would like to get this removed but from what I’m reading I’m not entirely sure that’s possible, however I have had no contact from the company since then (honestly I can’t say whether I received the paperwork confirming the court hearing either) but definitely nothing since then. What is the best course of action.

    • moneyaware

      Hi there Angela, thanks for getting in touch.

      Unpaid CCJs will remain on your credit file until they’re paid off. Should you make a payment arrangement on a CCJ, it will eventually ‘drop off’ your file once six years from the final payment you make has passed.

      it’s quite common to not hear from creditors very much once they’ve successfully logged a CCJ against you. However, be aware that they do have the option to seek further enforcement against you such as bailiffs, charging orders and attachment of earnings.

      If you dispute the CCJ, You can find out more about possible options you may have on our website: https://www.stepchange.org/debt-info/ccj/cant-pay-a-ccj.aspx

      Kind regards

      Rachel

  • Aaron DuchenneNow Richardson

    I have just got a credit card with my bank at my new address. I did have debts with my old credit cards well over 6 years at my old address i think they will chase me for them. But i put in for PPI claim for a bank i mortgaged with but think they brought up my old credit cards aswell. How will this work now

  • david garside

    hi i have just recieved a letter asking me to pay back a student loan which is 30 years old. also in feb of 2008 i was declared bankrupt in oldham county court by hmrc do i have to repay this money i was under a supervision order until august 2010.

  • Georgina Barratt

    Hi I have entered into a mutual exchange However my housing association has said the other party has old tenancy arrears from 15 years ago with them and they won’t proceed until these are paid. The lady wasn’t aware of these and has had no contact since her tenancy was ended with them. Can they hold this against her We both really need to move but due to her being on benefits and paying bedroom tax she hasn’t the money to clear them

    • moneyaware

      Hi Georgina, thanks for posting.

      I’m sorry to hear of the difficulties you and the person you’re exchanging properties with are facing at the moment.

      The housing association does have the right to request the arrears are paid before the mutual exchange can go ahead. It may be worth her while getting in touch with Shelter or her local Citizens Advice to see if they can give her further advice on what to do next.

      Kind regards

      Rachel

  • Rosie

    My landlady/mother died and is falsely claiming rent arrears for a period over 6 years ago, can the executors uphold this ‘debt’, or is it statute barred and they cannot deduct it from my share of the estate? No contact was made about any debt owed for rent, ever.

    • moneyaware

      Hi Rosie,

      Typically rent payments would have a six year “limitation period” following the date the rent payment was due. However, I don’t know enough about your situation to know how this would affect how your mother’s estate is shared out.

      It may be worth querying this with the executors of your mother’s estate or seeking independent legal advice to make sure the estate is being correctly administered.

      Kind regards

      James

  • Alison

    An ex partner left me in Feb 2011 with financial debts including losing my home, where I was evicted from in October 2011. 1 month ago an enforcement agency sent me a txt saying they were coming to my home to remove goods for a Council tax debt from 2010 to 2011. I have received 2 txt since threatening me. I have no idea where they got my number from? I was a student in 2010 and exempt from paying council txt. Can I use the statute Barred for this? The council the tax is relating to have always had my forwarding address but I have never received anything from them regarding the council tax? Thank you.

    • moneyaware

      Hi Alison

      Thanks for your comment.

      Firstly, you’ll want to check that this is a genuine communication. You should contact the council tax helpline for your area to check if they have this debt on file.
      It’s suspicious that you are only receiving these demands via text so many years after the tax was accrued, and also that you have not received bills from the council, a court summons or letters from the enforcement agents before regarding the debt.

      It could be that you didn’t receive them, that this is ‘phishing’ a scam, or that an admin error at the time did not register the fact that you were a student and you do not owe the debt. You need to establish what’s going on.

      Enforcement agents can only chase a debt after a county court judgement and they have set procedures to follow:
      https://www.stepchange.org/debt-info/debt-collection/bailiff-help-and-advice.aspx

      If you kept all of your details up to date with the council, it seems odd to receive these demands now without warning.

      Secondly, if the council do have this debt on file, and they have passed it onto enforcement agents – you should raise a complaint. If you can provide proof that you were exempt, they should stop action to pursue the debt.

      Lastly, if they refuse to stop pursuing the debt and don’t admit that you were exempt at the time – you may be able to use statute barred to stop them, using our template letter:

      https://www.stepchange.org/debt-info/dealing-with-debt-problems/sample-letters.aspx

      However, you’ll need to establish the exact age of the debt before you do this and ensure that the debt they’re chasing is at least 6 years old. Don’t worry about talking to them on the phone – this doesn’t count as acknowledging the debt.

      I hope that this helps; I’d recommend giving us a call if you’re experiencing debt problems and need some support and advice:
      0800 138 1111
      Mon-Fri 8am-8pm, Sat 8am-4pm

      In the meantime, if you do receive a visit from the enforcement agents, read our guide on dealing with them: https://www.stepchange.org/debt-info/bailiffs/bailiff-rights-and-powers.aspx

      Thanks
      Becca

  • Alahna

    Hi, ive received an email off Capquest today regarding a debt for a Natwest bank account. The only Natwest account I have ever had was closed 10 years ago. Ive never had anything to say I have a debt, ive never had any correspondence before from Capquest chasing this debt. Would it be best to send this letter Thanks

    • moneyaware

      Hello Alahna

      Thanks for your message. It’s suspicious that you have only received notification via email – it could be a potential phishing scam, so be wary.

      From the information you’ve given us, yes we’d advise that you send a letter to the creditor stating that you’ve received an email from them and that the debt is statute barred – you can read more about it here:

      https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

      I hope that this helps

      Thanks
      Becca

  • Carol X

    I have an outstanding loan debt with Santander but orginally with Cahoot before they were taken over by Santander back in 2009/10?.

    In 2007 I was made redundant but was was covered by insurance for a periodof 12 months (I was also expecting my first child at the time, so was not job hunting straight away).
    My issue with Cahoot was that during the period of them paying out on
    the insurance they were still adding monthly interest to those payments and
    continued to do so after the cover ran out.

    I provide all the information Cahoot requested both independantly and through visiting CAB (letter written by then requesting they freeze any interest so the debt does not increase and
    offer £1 token payment).
    As you can image they were not my only creditors at the time but I had no trouble in getting the others to stop the monthly interest being added.

    It became increasing difficult to speak to someone at
    Cahoot and then Santander – as they were ‘dealing with new systems’ and
    ‘couldn’t find my details on the system’. So eventually I got fed up
    of calling and just left it.

    The last correspondence I recieved from Santander in relation to this loan was was in 2011 saying they had passed the debt to CapQuest –
    I rang and asked them about the removal of the interest charges again, and again…nothing…

    I received a letter from Santander May 2017,
    informing me that they had passed my account to Robinson Way Ltd. To
    which I responded with a phone call inquirying as to the amount passed o to them as outstanding…and yes it was the full amount with the interest on top. I explained to the advisor what has been going on and this now being investigated by their complaints department.

    My question is can I get this debt written off at this point under the ‘staute barred’as its around the 6 year mark?

    • moneyaware

      Hello Carol

      Thanks for your query. It is possible that your debt may be statute barred, I’d advise reading through the information about the limitations period on our website:

      https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

      The start date of the limitation period is whichever of the following happened most recently:

      The last time you wrote to the creditor acknowledging that you owed the debt
      The last time you made a payment to the debt
      The earliest date the creditor could have started court action to recover the debt

      If you believe that it is over 6 years since any of these things have happened then you should send them a letter stating that the debt is statute barred, using the template on this page:

      https://www.stepchange.org/debt-info/dealing-with-debt-problems/sample-letters.aspx

      I hope that this helps, if you are struggling financially we do offer free debt counselling online using our tool ‘debt remedy’:

      https://www.stepchange.org/Debtremedy.aspx

      Thanks
      Becca

      • Carol X

        So that fact that I have had an ongoing £1 token payment coming out of my account all these years will count as acknowledgement, then?

      • moneyaware

        Hello Carol

        Thanks for your comment, that is correct.

        If you have made any payments towards the debt – even token payments – these would count as an acknowledgement of the debt and the limitation period would start from the date of the last payment made.

        I hope this helps.

        Thanks
        Becca

  • Ian Horner

    I had a car Finance back in 1998 for 60 mths but in 2003 someone wrote my car off and the insurance paid out and I got another car I was not aware that the finance had not been paid off as if it was the £2,000 I got to buy a new car was less than the £2,600 owing so I would have been car less.

    Now I went to buy a house with my wife and find they have been rolling the debt over every mth since 2003.

    How do I get this taken off my credit file?

    Thanks In Advance

    Ian

    • moneyaware

      Hi Ian

      Thanks for your comment.

      If the creditor is reporting the debt as new each month, you may want to contact the credit reference agencies and complain about this and ask for it to be removed.

      Read our guide to getting your credit report which has a step by step guide to dealing with CRAs:
      https://moneyaware.co.uk/2017/05/how-to-get-your-credit-report/

      Thanks
      Becca

  • Jeff Jeff

    Hi, I had a student load which was sold by the government to another company several years ago. Up until the loan was sold I had been successfully deferring it, but I couldn’t make an arrangement with the new company to defer. Since 2013 I have had no contact with the company. What is the situation regarding loans of this nature?

  • moneyaware

    Hello Helen

    Thanks for your message and sorry to hear that you’re experiencing this.

    Unlike credit cards and loans, mortgage shortfalls have a longer limitation period of twelve years for the money you borrowed (the ‘capital’), while the interest charged on this has a limitation period of six years. You can read more about it here: https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

    I’d recommend that you give us a call so we can give you individually tailored debt advice and try to help you work out what to do next.

    Our contact details are here: https://www.stepchange.org/Contactus.aspx

    Thanks
    Becca

  • Amelia Clarke

    I’ve just received a second notice of CCJ Arrears from a solicitor claiming I owe nearly £400 for a debt I had with Provident some years ago.

    I originally took out the loan in 2009 and it came about that the money I was paying to the representative was being stolen and I was apparently only making the minimum required payments. The representative was then caught and charged and a new representative came and assured me that the debt had been written off as a result. I’ve since heard nothing from Provident until this letter.

    I’ve called the solicitor who is claiming that there has been a CCJ on my account since May 2016, but according to my credit report, there isn’t one. I was aware that Provident had claimed it was an unpaid debt but this was from 2010 and no matter how hard I tried to get it removed, it never got removed. So I was safe in the assumption it was gone 7 years later and I was safe to buy a house, but apparently not.

    I’m requesting a copy of my credit score from my bank to confirm that the CCJ isn’t on my account, but if it is, I don’t know what to do.

    They say they’ve been chasing me for the past 2 years and have sent letters to my mother (none of which she has received) and to my old address (which I haven’t lived in for 3 years).

    I’m seriously worried about this ruining my chances of getting a mortgage when myself and my partner have worked to get our credit files up to scratch only to have mine blighted by this.

    Any advice would be greatly appreciated. Thanks in advance.

    • moneyaware

      Hi Amelia,

      I’m so sorry to hear that you’re experiencing this, for full debt advice I’d recommend that you give us a call so we can talk through your individual situation in detail but I can give you some general information and guidance.

      Firstly, have a read through our information on CCJs which explains how they work:
      https://www.stepchange.org/debt-info/ccj.aspx

      This should give you a better understanding of how to deal with them. You may have a few options to consider:

      The debt may be statute barred

      How old is the original debt? If the debt hasn’t been acknowledged for 6 years it may be statute barred, therefore you cannot be pursued through the court. This page explains more about it and the criteria for it being statute barred:

      https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

      If you believe it is, you may be able to cease action against you for the debt using the letter provided on this page:

      https://www.stepchange.org/debt-info/dealing-with-debt-problems/sample-letters.aspx

      You may be able to get the CCJ cancelled

      Do you have any correspondence from the original creditor (Provident) which explains what happened with regards to the original debt? If they agreed to write the debt off and you have evidence of this you may be able to present this at county court and have the CCJ cancelled:

      https://www.stepchange.org/debt-info/ccj/dealing-with-a-ccj.aspx

      This would then mean that you could request that the CCJ be removed from your credit file.

      Your credit file

      We have information about how debt can affect your credit file here:

      https://www.stepchange.org/debt-info/debt-collection/how-does-debt-affect-a-credit-file.aspx

      You may also find our handy guide to getting your full credit file useful, this article has a step by step guide to getting the whole picture:

      https://moneyaware.co.uk/2017/05/how-to-get-your-credit-report/

      If you have any further questions please let us know. I hope this helps and you find a resolution.

      Thanks
      Becca

      • Amelia Clarke

        Thanks for the information Becca.

        I’ve requested a second Credit Report from a different provider to ensure the information is correct, but in the mean time, as this is time limited to 14 days, I have sent a “Prove It” letter to try and delay the process a little until I get back from holiday.

        They’re threatening Bailiffs if I don’t pay up which scares me a little but I don’t really own anything that they can take so I think I’m okay and worst case, I can afford to pay it but I won’t pay up until they prove its my debt.

        Thanks again, I’ll read through the information you’ve provided and hopefully it’ll make me a little less clueless as to the next steps 🙂

  • Bela Talbot

    I’ve just got a letter regarding a 2011 mobile “line rental” bill that we attempted to transfer after i got robbed of my handset whilst still JUST paying for insurance. T-Mobile refused to transfer the account into my dad’s name (for it to be paid off) and never helped me start processing a claim for a new handset despite me paying for the extra coverage. I’m now disabled and cannot afford this £380 bill, but is this debt not statute barred?

  • Sam Towle

    Hi,
    I have received a letter from capquest for a catolge debt from around 2011, it has taken 3 phone calls and letters for them to advise what the items where,

    I called very this morning as I have had enough of dealing with capquest as most there staff was very arrogant and they told me the debt was sold in 2012,

    I am happy to pay goods and interest but don’t agree with the charges of £180 (more then half the debt) as they haven’t been in touch with me up to 4 weeks ago

    Do you have any advice on if this would be Possible?

    Thanks
    Sam

    • moneyaware

      Hi Sam

      Thanks for your comment. Sorry to hear that you’re having problems.

      There’s a few steps you may want to take to try and resolve this with your creditor.

      Firstly, depending on when you last acknowledged the debt, it may be statute barred – you can read more about what this means and how it works here:

      https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

      If you believe that it’s been over 6 years since you acknowledged the debt you could then send the creditor the statute barred letter on this page which should prevent further action:

      https://www.stepchange.org/debt-info/dealing-with-debt-problems/sample-letters.aspx

      Next, if it the debt isn’t statute barred, you may want to then write to the creditor to ask for more information about your debt.

      You’re legally entitled to see an original copy of the agreement, and terms and conditions, and a statement showing all payments made. There’s a set fee of £1 for this. Use this letter to ask a lender for this information. This only applies to debts regulated by the Consumer Credit Act; this includes most consumer credit debts such as overdrafts, personal loans, credit and store cards, catalogues and hire purchase.

      We have a letter for that on this page as well: https://www.stepchange.org/debt-info/dealing-with-debt-problems/sample-letters.aspx

      I hope that this information helps, please give us a call if you need more support or you are struggling financially and may need a debt advice session: https://www.stepchange.org/Contactus.aspx

      Thanks
      Becca

  • kedge

    Hi
    I was an Avon representative for a year up to 2011. Left the company because i was being charged for some returns that went uncollected, despite repeated attempts to get them collected (I was housebound with pregnancy complications at the time). I believe that i do not owe the debt as i did everything on my part of the contract, to get the goods returned. Avon insist that the driver twice tried to collect but, as i said, i couldn’t leave the house, so this is impossible. I have had this on my credit file for 6 years now and it has annihilated my chance of getting any credit. Do you think i could get this wiped from my file?

    The “Account start date” for Lowells debt recovery agency is listed as 04/05/2011, but the “default date” is listed as 19/06.2012. Don’t really know what the difference is.

    • moneyaware

      Hello Kedge

      Thanks for your message. Sorry to hear about the issues you’ve been having.

      An account ‘defaults’ when you’ve broken the terms of the credit agreement and your creditor decides there’s no way you can get back on track. This is then recorded on your credit file for 6 years.

      You can read more about defaults here: https://www.stepchange.org/debt-info/debt-collection/default-notices-and-missed-payments.aspx

      If the default was placed on your credit file 19/06/2012 then it should shortly no longer appear on your file. I hope that this helps, please let me know if you have any further queries.

      Thanks
      Becca

  • Daniel Bushby

    Hi I have a debt for I don’t know when but along time ago which I have never acknowledge, I keep getting letters from but have acknowledged it at all, I have looked for this debt on noodle but it does not show there at all, does this mean it has been barred and I can send the letter to them.
    Dan

    • moneyaware

      Hi Daniel

      Thanks for your comment.

      If you have lost track of your debts we’d recommend that you read our guide and obtain your credit reports from all 3 credit reference agencies:
      https://moneyaware.co.uk/2017/05/how-to-get-your-credit-report/

      If the debt does appear on one or more of your reports, you’ll then be able to see when the ‘default’ was added to your file.

      This is important as it may help you check when the ‘limitation period’ for the debt began.

      The start date of the limitation period is whichever of the following happened most recently:

      The last time you wrote to the creditor acknowledging that you owed the debt
      The last time you made a payment to the debt
      The earliest date the creditor could have started court action to recover the debt

      You can read more about it here:
      https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

      If you check all of this information, and believe the debt may be statute barred you can then use this letter to inform the creditor which is available to download on this page:
      https://www.stepchange.org/debt-info/dealing-with-debt-problems/sample-letters.aspx

      I hope that this helps,

      Thanks
      Becca

  • emma

    I have had a letter from Advantis, debt collection centre for tax credits HMRC, who they say they are acting on behalf of. However, I repaid tax credits they say I owed more than 8 years ago. I was not aware I owed anything. I have been at my current address for nearly 13 years and I have not had tax credits here. I have been on disability benefits since 2011. I believe this is statute barred. The letter came today Sat. 29th of July, but I have not acknowledged it by calling.

  • Rachel A Lloyd Rowett

    i am having letters and texts from capquest about a supposed debt from 2005. i dont even know the company, but have a feeling it was littlewoods catalogue which i paid in 2005ish. but the letter from capquest says shop direct (carval). i have checked with 3 credit check agencies and it doesnt show on their records as me owing this company anything. please advise as i am getting really worried about it. capquest are calling and texting alongside sending me letters