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Statute barred debts. Are my debts written off?

There are legal limits on how long the people you owe are allowed to take court action to recover a debt. Many debts are 'statute barred' after a certain amount of time, called the ‘limitation period’. This is because, by law, the creditor has had time to collect it before then.

In Scotland, this is called ‘prescribed debt'.

Quick links:

Is a debt written off when it is statute barred or prescribed?

The rules are different across the UK.

In England, Wales and Northern Ireland:


  • The debt still exists but it cannot be enforced by a court order. So it is not written off
  • The people you owe may still take other actions to make you pay

But that is only if it is the type of debt that can be written off. Read our guides to court action in:

In Scotland:


  • The debt no longer exists by law
  • Nothing more can be done to collect it. This means the debt is written off

But some types of debt may not become extinguished. Read our guide to debt collection in Scotland.

How long does it take for a debt to be statute barred or prescribed?

In England, Wales and Northern Ireland:

It takes six years from the last time one of these things happened:


  • You 'acknowledged' the debt
  • You made a payment to it
  • Court action was started to collect it

important information iconNot all debts can be statute barred.

Types of debt that can be statute barred:


  • Credit or store cards
  • Catalogues
  • Overdrafts
  • Payday loans
  • Personal loans
  • Gas or electric arrears
  • Council tax arrears
  • Benefit overpayments
  • Rent arrears

These debts cannot be statute barred:


  • Mortgage shortfalls: Only the interest is statute barred after six years. The capital balance can be statute barred but only after 12 years from the first default notice
  • Personal injury claims: Debt collection action can only last for three years
  • Income tax, VAT and capital gains tax and any debts to HM Revenue & Customs: There is no limit on these debts
  • Any debts where a court judgment or order is already raised against you

In Scotland:

It takes five years from the last time one of these things happened:


  • You 'acknowledged' the debt
  • You made a payment to it
  • Court action was started to collect it

important information iconNot all debts can be statute barred.

Types of debt that can be prescribed:


These debts cannot be prescribed:


  • Mortgage shortfalls: Only the interest is prescribed after five years. But any action can be taken to collect money borrowed for 20 years
  • Council tax and some benefit overpayments: They can be enforced for 20 years
  • Debts to HM Revenue & Customs
  • Income tax, VAT and capital gains tax and any debts to HM Revenue & Customs: There is no limit on these debts
  • Debts where the creditor already started action to obtain a decree

How do I know if enough time has passed for my debt to be statute barred or prescribed?

You need to check if five (Scotland) or six years (the rest of the UK) have passed since you did one of these things:


  1. Have you acknowledged the debt is yours, in writing?
  2. Did you make payment towards the debt?
  3. Did court action for the debt begin?

I don't know what 'acknowledged the debt in writing' means

It does not mean that you have actually written out the words 'I accept this debt'.

This only means:


  • You, or someone acting for you, sent a signed letter or email to the creditor and there was nothing in there to say you did not accept the debt
  • For debts in joint names: This only applies to the person signing the letter

This does not mean:


  • Any letter or email sent to you from the creditor during this time
  • A letter or email you have sent explaining why you do not agree that this is your debt

Such as, you could have contacted the creditor to tell them:


  • You do not owe the money
  • The amount is wrong

I am not sure when I last made a payment to the debt

You can check your bank account or ask the creditor for details of payments. This would not count as acknowledging the debt.

It does include payments made through debt management companies


  • For debts in joint names: This includes either person on the account

How can I work out when court action was started against me?

This depends on the type of debt.

For most types of consumer credit:


This is the date your account 'defaults'.

This happens when:


  • The people you owe decide you do not meet the terms you agreed to
  • You have missed payments, in most cases
  • You get a warning letter about this, called a 'default notice'. The account defaults around 14 days later

Find out more about consumer credit debt.

For other debt types:


It can be harder to work out the earliest date court action could start.

  • You may have been sent letters from the court
  • Your credit history will show all defaults, missed payments, CCJs and decrees

If you are not sure, contact us for help.

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What happens after a debt is statute barred or prescribed?

The people you owe can no longer:


  • Get a CCJ or money judgment
  • Make you bankrupt

The debt can still appear on your credit file in some cases. This means:


  • Lenders can see it
  • It may be harder to get future credit

For debts covered by the Financial Conduct Authority (FCA):

These are consumer debts, like:


  • Credit or store cards
  • Payday loans
  • Personal loans
  • Overdrafts
  • Catalogue debts

The people you owe cannot do much.


  • They cannot chase you to pay more if you make a payment
  • The debt is now written off in Scotland

For other debts:

For debts not regulated by the FCA:


  • The debt still exists by law
  • The people you owe could contact you for payment

England, Wales or Northern Ireland:

Money can sometimes be taken from your wages or benefits without going to court.

Some creditors can use a direct earnings attachment (DEA) to take this money from you.

This mainly applies to:


  • DWP or local authority benefit overpayments
  • HMRC tax credit overpayments

Scotland:


  • The people you owe cannot do anything.
    • li>The debt no longer exists by law.
  • You can ask for your money back if you made recent payments to this debt.

What should I do if my debt is statute barred or prescribed?

This depends on whether the limitation period has definitely passed.

If you know the limitation period has passed

The people you owe are not contacting you:

You do not need to do anything.

The people you owe are still contacting you:

Write to them and:


  • Explain that you will not be paying anything to the debt
  • Ask them to stop contacting you
  • Tell them to send proof that you owe them money, like asking for payment statements or acknowledgements in the last 6 years

Use our statute barred template letter to ask creditors to stop contacting you.

You may still want to pay a debt after the limitation period has passed. You can do this, but it may not be best if you still have other debts to pay.

If you are not sure the limitation has passed

Do what you can to find out if it has passed. Check payments you have made to a debt by:


  • Getting a copy of your credit file
  • Looking through old bank statements

Contact the creditor if you still cannot remember. They should have a record. Tell them:


  • You think the debt is statute barred or prescribed
  • Ask them to send proof it is not
  • Start paying if they have proof

Creditors can start court action any time if you do not contact them.

Ignoring debt puts you at risk of:


  • CCJs
  • Decrees
  • Money judgments

Can the people I owe start court action after the limitation period has passed?

They are not allowed to do this, but they sometimes try.

You can tell the court the debt is statute barred or prescribed. They should cancel the case if you can prove this is true.

household bills iconNever ignore paperwork from the court

It is very important to complete and return the forms, even when the limitation period has passed, because:


  • Further action can be taken against you if you do not
  • Although you can try to cancel court orders, this is not always easy
  • There may be extra court fees to pay

It is then up to the creditor to prove the debt is not statute barred or prescribed.

If they can prove it has not passed:

  • You will get a court order to pay the debt

If they cannot prove this:

  • The court should dismiss their claim
  • You will not get a court order for payment

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