Who this guide is for
People in Scotland who are being chased for an old debt under a contract, such as a credit card, store card, catalogue, overdraft, personal loan or payday loan, and want to know whether it has prescribed (been wiped out by the passage of time).
What this guide does not cover
- England, Wales or Northern Ireland: see the England and Wales guide or the Northern Ireland guide.
- A debt where the creditor already has a court decree: different rules apply. Ask a free debt adviser.
- Council tax, tax owed to HMRC, benefit overpayments, court fines, child maintenance, student loans and mortgage shortfalls: these have different rules. Ask a free debt adviser.
- Joint debts, and what happens if you pay something after a debt has prescribed: ask a free debt adviser.
- Council tax arrears, the moratorium and Scotland’s debt solutions: see the debt help guide for Scotland.
- Claims over £5,000 (ordinary cause): ask Citizens Advice Scotland straight away.
At a glance
- In Scotland, a contract debt prescribes if 5 years pass without a relevant claim and without the debt being relevantly acknowledged (Prescription and Limitation (Scotland) Act 1973).
- A prescribed debt is extinguished: it no longer exists and cannot be recovered.
- This is different from England, Wales and Northern Ireland, where an old debt still exists but cannot be enforced through the courts.
- A debt collector regulated by the FCA must not mislead you about your rights.
What the rules depend on
- Where do you live? Scotland: this guide. England, Wales and Northern Ireland have their own guides.
- What kind of debt is it? A credit card, loan, overdraft, catalogue or similar: this guide. Council tax, tax, benefits, fines, child maintenance, student loans or a mortgage shortfall: different rules.
- In the last 5 years, have you paid anything, admitted the debt in writing to the creditor, or been taken to court for it? Yes: it has not prescribed. No: it may have prescribed.
- Has the creditor already got a court decree? Yes: this guide does not cover it.
The 5-year prescription
If a contract debt has existed for a continuous period of 5 years without any relevant claim being made (for example, court action) and without the debt being relevantly acknowledged (for example, by a payment), the debt is extinguished at the end of that period. It no longer exists by law.
A relevant claim or a relevant acknowledgment within the 5 years stops the debt prescribing. Debt advice charities say the 5 years then counts again from the last time you paid, acknowledged the debt or court action was started.
If a debt collector is chasing you
The FCA's rules say that in Scotland a debt ceases to exist and is no longer recoverable if no relevant claim was made and the debt was not acknowledged during the prescriptive period. A regulated firm must not mislead you about your rights, and it is misleading for it to suggest you may be taken to court when it knows, or ought to know, the time limit has passed. Do not pay or sign anything that admits the debt until you have checked the dates with a free debt adviser.
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
- Claims for £5,000 or less use simple procedure. Bigger claims use a different procedure (ordinary cause): get advice straight away.
- Do not ignore it. The claim form gives a last date for a response.
- You can: admit the claim and settle it by that date; admit it and ask the court for time to pay (Time to Pay Application, Form 5A); or dispute all or part of it (Response Form, Form 4A). The court must get your form by the last date for a response, and you must send a copy to the person claiming.
- If you do nothing, the court will almost certainly make a decision against you. You will have to pay what was claimed, plus any interest and court expenses claimed.
- If you think the debt has prescribed (see above), dispute the claim on the Response Form, and get free advice from Citizens Advice Scotland or StepChange before the last date for a response.
Deadlines
- Prescription of a contract debt: 5 years without a relevant claim or relevant acknowledgment.
- Responding to a court claim: by the last date for a response on the claim form.
Money figures
Simple procedure: claims of £5,000 or less.
Where to go for help
StepChange Debt Charity: 0800 138 1111.
Citizens Advice Scotland: 0800 028 1456
Traps
- In Scotland the period is 5 years, not 6.
- In Scotland a prescribed debt is extinguished, not just unenforceable.
- A payment, or a clear written admission to the creditor, within the 5 years stops the debt prescribing.
- A debt with a court decree follows different rules.
Sources (checked 24 September 2026)
- Prescription and Limitation (Scotland) Act 1973, section 6(1) (obligation extinguished after 5 years without a relevant claim or relevant acknowledgment), as quoted by the Court of Session (BAILII); legislation.gov.uk section 10 (read 14 Oct 2026: an admission must be an unequivocal written admission that the debt still exists, made to the creditor or their agent).
- FCA Handbook CONC 7.15.1G, 7.15.3G, 7.15.6R and 7.15.7G (5 years in Scotland; debt ceases to exist; not misleading; no threat of court action).
- StepChange: statute-barred debt page (5 years from the last acknowledgment, payment or court action - attributed; section 10 of the 1973 Act checked on legislation.gov.uk 14 Oct 2026).
- GOV.UK: Get free debt advice (StepChange 0800 138 1111, Citizens Advice Scotland 0800 028 1456).
- scotcourts.gov.uk: Responding to a claim (three ways to respond; Response Form 4A; Time to Pay Application 5A by the last date for a response; copy to the claimant; if you do nothing the court will almost certainly make a decision against you, with interest and court expenses claimed) and Guide to simple procedure (claims of GBP 5,000 or less; over GBP 5,000 ordinary cause). Checked 11 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.