Does Debt Get Written Off After 6 Years in the UK? The Real Rule Explained

An old debt letter is not always an enforceable debt. The dates matter more than the tone of the letter.

Debt has a shelf life in the courts. After a certain period without payment or written acknowledgement, a creditor can lose the right to use the courts to make you pay. When that happens, the debt is described as statute barred.

That does not mean every old debt qualifies, and it does not mean you can safely ignore letters. It means the dates on the account decide your position, and one careless phone call or small payment can change those dates.

This guide explains the time limits that apply, how they differ for unsecured debts, mortgage shortfalls and Scottish debts, what restarts the clock, and what to check before you reply to anyone.

This is general information and education, not personal financial advice, regulated debt advice or legal advice.

Useful next steps before you read on

Before you reply to anything, work out what you are actually holding:

• If the letters have been piling up unopened, read Should You Ignore Debt Collection Letters in the UK?
• If a company you have never heard of is chasing you, read How Debt Collectors Buy Debt in the UK.
• If you are not sure whether you have to pay at all, read Do You Have to Pay Debt Collectors? UK Legal Rights.
• If you are deciding whether to phone or write, read Should You Call or Write to a Debt Collector in the UK?
• If there is a default on your credit file from years ago, read What Is a Default and Default Notice? A Simple UK Guide.

Pause before you pick up the phone. On an old debt, what you say and what you pay both matter.

The 6-year rule and where it comes from

The 6-year rule is a court rule, not a forgiveness rule. In England, Wales and Northern Ireland, a creditor generally has 6 years from the last payment or the last written acknowledgement to bring a court claim. Miss that window and the court route usually closes. The debt itself does not vanish and letters can still arrive. What the rule takes away is the courtroom, not the balance.

That position is set out in section 5 of the Limitation Act 1980 for most ordinary unsecured debts, such as credit cards, store cards, catalogue accounts, overdrafts, personal loans and many utility accounts. In Scotland the equivalent period is 5 years under the Prescription and Limitation (Scotland) Act 1973, and the outcome there is stronger because the debt can cease to exist entirely.

Three things trip people up on this:

• The clock does not start from when you opened the account. It generally starts from your last payment, or your last written acknowledgement of the debt, whichever is later.
• A single payment or a written admission can restart the clock, so a phone call that ends with “yes, I’ll pay a fiver towards it” can undo years of waiting.
• Different debts follow different clocks. A mortgage shortfall, a council tax bill, a court fine or a debt already covered by a county court judgment does not work the same way as a credit card.

The sections below explain the exact time limits, what restarts them, and what to check before you reply.

On an old debt, the date of your last payment is worth more than anything the letter says. The Real Debt Guy

Time limits by type of debt

Different debts follow different periods. These are the ones people ask about most.

Most unsecured debts: six years in England, Wales and Northern Ireland. This covers credit cards, catalogues, overdrafts, personal loans, most store cards and many utility bills.

Mortgage shortfall, interest: six years. If a property was repossessed and sold for less than the outstanding mortgage, the interest element of the shortfall generally follows the six-year period.

Mortgage shortfall, capital: twelve years. The capital element of a mortgage shortfall carries a longer period, so a shortfall can be chased long after the six-year mark.

Debts in Scotland: five years, under the Prescription and Limitation (Scotland) Act 1973.

Some debts are treated differently again. Council tax arrears, court fines, benefit overpayments, tax debts and debts already covered by a county court judgment do not work the same way as ordinary consumer credit. If a judgment already exists, limitation is not the issue you are dealing with.

If your debt is a mortgage shortfall, check which element is being chased before you assume anything.

What restarts the clock

This is the part that catches people out, and it is the reason the page tells you to pause rather than pick up the phone.

Under the Limitation Act 1980, if you acknowledge the debt in writing or make a payment towards it before the limitation period has expired, the clock can start again from that acknowledgement or payment. That is set out in section 29(5).

In plain English, any one of these can reset the six-year clock back to zero:

1. A token payment. Even a one-off small payment on an old account.
2. A signed acknowledgement. Signing anything that accepts the debt is yours.
3. A promise to pay in writing. Writing to say you will pay when you can.
4. An agreed payment plan. Setting up any repayment schedule, however small.
5. A written balance confirmation. Confirming the outstanding amount in writing.

There is an important limit on this. Once a debt is already statute barred, section 29(7) means the position cannot normally be revived by a later acknowledgement or payment. In other words, a payment made after the period has expired does not usually bring the debt back into the reach of the courts.

The practical point is timing. Before the period expires, what you say and what you pay can extend it. After it expires, it generally cannot be restarted.

Written off vs. statute barred: the difference that matters

In England, Wales and Northern Ireland, a statute barred debt has not disappeared. The creditor has lost the ability to use the courts in the normal way, but the balance still technically exists and you may still receive letters.

That is why being statute barred is described as a defence. If a claim were issued, the point would need to be raised. It does not happen automatically.

In Scotland the outcome is stronger. Once the prescriptive period has passed, a debt can cease to exist and stop being recoverable at all.

FCA rules also expect firms to be straight with customers about this. A firm must endeavour to ensure that it does not mislead a customer as to the customer’s rights and obligations. Firms are also expected to identify debts they know or ought reasonably to know are statute barred when selling debts on, so that inappropriate action is not taken against customers.

What about your credit file?

Limitation and credit reporting are two separate systems, and mixing them up is the most common mistake on this topic.

A default is generally removed from your credit file six years after the date it was recorded. That is a reporting rule, not a legal one.

So a debt can be gone from your credit file while still being inside the limitation period, and a debt can be statute barred while an old record still shows for a while.

The UK credit reference agencies are Experian, Equifax and TransUnion. Check all three, because they do not always hold the same information.

How to check whether your debt might qualify

Work through this on paper before you contact anyone:

1. Identify the type of debt. Unsecured credit, mortgage shortfall, council tax, court fine and judgment debt are not the same.
2. Find the date of your last payment. Bank statements are usually the best evidence.
3. Find the date of the last time you acknowledged the debt in writing.
4. Check whether either of those dates is more than six years ago, or five years if the debt is in Scotland.
5. If it is a mortgage shortfall, work out whether the interest or the capital is being chased.
6. Check whether a county court judgment already exists. If it does, limitation is not your issue.
7. Get your credit report from all three credit reference agencies.
8. Gather any old letters, statements and agreements you still have.
9. Do not confirm the balance or make a payment while you are still checking.
10. If the dates look close to the limit, or your records are incomplete, get help before you reply.

If you cannot find the dates, that is a common problem, not a dead end. It changes how a written enquiry should be worded.

What if the debt is not statute barred?

Most old debts people ask about turn out to still be live. That is not the end of the world, but it does need dealing with properly.

If the debt is enforceable, the questions become what you can genuinely afford, what your priority bills are, and what happens if you offer more than you can maintain.

FCA rules expect firms collecting consumer credit debt to treat customers in default or arrears with forbearance and due consideration. That includes taking account of your circumstances rather than demanding an amount you cannot sustain.

Work from your own figures, not from what a collector suggests on the phone.

What if a creditor keeps chasing a statute barred debt?

Letters can still arrive. That does not automatically mean a firm has broken the rules, but there are limits.

If you believe a debt is statute barred and you have said so, keep everything in writing and keep copies. Note the dates, who contacted you and how.

If contact becomes pressuring, misleading or persistent after you have set out your position, you may have grounds to complain. Firms are expected not to mislead customers about their rights and obligations, and there are separate FCA rules covering the conduct of debt collection.

Raise the complaint with the firm first, in writing, then escalate if the response does not deal with it.

FAQs · Statute barred debt