Who this guide is for
People in England or Wales who are being chased for an old debt under an ordinary contract, such as a credit card, store card, catalogue, overdraft, personal loan or payday loan, and want to know whether it is statute barred (too old for the creditor to take you to court).
What this guide does not cover
- Scotland or Northern Ireland: see the Scotland guide or the Northern Ireland guide.
- A debt where the creditor already has a county court judgment (CCJ): see the debt help guide for England and Wales.
- Tax owed to HMRC, benefit overpayments, council tax, court fines, child maintenance, student loans, mortgage shortfalls and debts under a deed: these have different rules or time limits. Ask a free debt adviser.
- Joint debts: ask a free debt adviser how a payment or letter by one person affects the other.
- Bailiffs, Breathing Space, Debt Relief Orders, bankruptcy, IVAs and other ways out of debt: see the debt help guide for England and Wales.
- Taking someone to court for money they owe you: see our small claims guide.
At a glance
- For most debts under an ordinary contract, the time limit for court action is 6 years (Limitation Act 1980).
- A payment, or an acknowledgment of the debt in writing and signed by you, made before the 6 years run out, starts a new 6 years.
- Once the debt is statute barred, a later payment or acknowledgment does not bring it back.
- A statute-barred debt still exists in England and Wales, and the creditor can still ask you to pay. It cannot make you pay through the courts.
- A debt collector regulated by the FCA must not say you may be taken to court for a debt it knows is statute barred.
What the rules depend on
- Where do you live? England or Wales: this guide. Scotland and Northern Ireland have their own guides.
- What kind of debt is it? A credit card, loan, overdraft, catalogue or similar: this guide. Tax, benefits, council tax, fines, child maintenance, student loans or a mortgage shortfall: different rules.
- When did you last pay anything towards it, or sign something in writing admitting it? Less than 6 years ago: it is not statute barred. More than 6 years ago, with nothing since: it may be.
- Has the creditor already got a court judgment? Yes: this guide does not cover it. No, but you have just received a court claim: respond by the deadline (see below).
The 6-year time limit
A creditor cannot bring a court claim on an ordinary contract debt more than 6 years after the date it could first have taken court action. Debt advice charities say that for credit cards and loans this is usually counted from when you stopped paying and the account defaulted, or from your last payment or written acknowledgment. Check the dates with a free debt adviser.
What starts the 6 years again
- A payment: any payment towards the debt, made before the 6 years run out, starts a new 6 years from the date of the payment.
- A written acknowledgment: an acknowledgment of the debt only counts if it is in writing and signed by the person making it. Admitting the debt on the phone is not enough.
- This can happen again and again, as long as the 6 years have not run out.
- Once the 6 years have run out, a later payment or acknowledgment does not revive the debt.
If a debt collector is chasing you
A statute-barred debt still exists in England and Wales, so a creditor can still ask you to pay. The FCA's rules for regulated firms say:
- a firm must not try to recover a statute-barred debt if the lender or owner has not been in contact with you during the 6 years;
- a firm must not mislead you about your rights; and
- it is misleading for a firm to suggest you may be taken to court for a statute-barred debt when it knows, or ought to know, the time limit has passed.
Citizens Advice says you do not have to pay a statute-barred debt, and that you can write to the creditor to stop them contacting you, saying "I don't admit any liability for your claim". Do not sign anything that admits the debt until you have checked the dates.
Debt collectors: what they must not do
Lenders and debt collectors regulated by the Financial Conduct Authority (FCA) must follow its rules when they chase a debt. They must not contact you at unreasonable times, and they must take account of reasonable requests about when, where and how they contact you (for example if you work shifts).
They must not act in a way likely to embarrass you in public, or unfairly tell, or threaten to tell, other people about your debt. They must take reasonable steps so that other people do not find out you are being chased for a debt. They must not act in a threatening way towards you.
Visiting you at your place of work, or in hospital, would normally be inappropriate.
If a firm breaks these rules, complain to the firm first. If you are not happy with its answer, you can take your complaint to the Financial Ombudsman Service.
If you get a court claim
Do not ignore it. Respond by the date on the letter or email. HMCTS says you must reply within 14 days of receiving the claim. If you need more time, send back the acknowledgment of service form within 14 days: you then have 28 days from the date you received the court papers to send your defence. If you do not respond in time, the creditor may get a county court judgment against you. If you think the debt is statute barred, say so in your defence and get free debt advice before the deadline.
Deadlines
- Time limit for the creditor's court claim: 6 years (ordinary contract debts).
- Replying to a court claim: within 14 days of receiving it.
- Your defence after sending the acknowledgment of service: within 28 days of receiving the court papers.
Where to go for help
National Debtline (England and Wales): 0808 808 4000.
StepChange Debt Charity: 0800 138 1111.
Citizens Advice (England): 0800 144 8848
Citizens Advice (Wales): 0800 702 2020
Traps
- "Any payment restarts the clock" is only true before the 6 years run out.
- A phone call admitting the debt does not restart the 6 years. A signed written acknowledgment does.
- Statute barred does not mean written off in England and Wales: the debt still exists, but the courts cannot be used to make you pay it.
- A debt with a county court judgment follows different rules.
- Ignoring a court claim can lead to a county court judgment, even for an old debt.
Sources (checked 24 September 2026)
- legislation.gov.uk: Limitation Act 1980, section 5 (simple contract: 6 years from the date the cause of action accrued; read 24 Sep 2026), section 29(5) and (7) (payment or acknowledgment restarts a current period; a barred right is not revived) and section 30(1) (acknowledgment in writing and signed).
- FCA Handbook CONC 7.15.1G, 7.15.2G, 7.15.4R, 7.15.6R and 7.15.7G (generally 6 years; statute-barred debt still exists; no recovery without contact during the period; not misleading; no threat of court action).
- HMCTS leaflet EX303 (reply within 14 days; acknowledgment of service gives 28 days from service for a defence) and GOV.UK: Respond to a court claim for money (respond by the date on the letter; county court judgment if you do not respond).
- GOV.UK: Get free debt advice (National Debtline 0808 808 4000, StepChange 0800 138 1111, Citizens Advice England and Wales numbers).
- Citizens Advice: If your debt is statute barred (named in the guide where used). Debt charities (StepChange, PayPlan) on when the 6 years usually starts (attributed; section 5 runs from when the cause of action accrued; when that is for a given account depends on case law and is not verified here; section 5 text checked on legislation.gov.uk 14 Oct 2026).
- FCA Handbook CONC 7.9.4R, 7.9.6R, 7.9.7R, 7.9.14R and 7.9.15G, checked 13 October 2026.