How Long Can a Debt Be Chased in the UK?
For many credit card and personal loan debts, a creditor generally has six years to start court action in England, Wales and Northern Ireland. In Scotland, it is usually five years. Other debts can differ. The period also depends on when the creditor could first claim, payments or acknowledgements, and any court action.
If someone contacts you about an old debt, check these details before you pay or admit that you owe it. A debt may be statute barred or, in Scotland, prescribed.
What does statute barred mean?
In England, Wales and Northern Ireland, a debt may become statute barred when the time limit for starting a court claim has passed. This does not automatically write off the debt. It can still exist, even though the creditor’s options for making you pay are limited. The Financial Conduct Authority (FCA) rules on statute-barred debts also restrict how firms it regulates can try to collect them.
In Scotland, many debts become prescribed if five years pass without a relevant claim or acknowledgement. A prescribed debt is extinguished: it no longer exists in law. This is different from a statute-barred debt elsewhere in the UK.
How long can a debt be chased in each part of the UK?
| Nation | General period for many ordinary debts | If the conditions are met |
|---|---|---|
| England and Wales | Six years | The debt may become statute barred, but it still exists. |
| Northern Ireland | Six years | The debt may become statute barred, but it still exists. |
| Scotland | Five years | The debt may become prescribed and cease to exist. |
These periods do not mean every debt disappears after five or six years. The debt type and any court action matter.
When does the time limit start?
The time limit does not always start when you last paid. It generally starts when the creditor first has the right to bring a claim, sometimes called the cause of action. That date depends on the type of debt and the terms of the agreement.
For some credit agreements, the creditor may first need to send a default notice and wait for it to expire before taking certain court action. A default notice is different from the default date shown on your credit file. If you don’t know when the creditor could first have brought a claim, it’s safer to check than to count six years from a missed payment.
A payment or an acknowledgement made before the time limit has run out may affect the calculation. For example, admitting in writing that you owe the debt can restart the period for many ordinary debts. A small payment can matter too. The rules can be more complicated for a joint debt or a different type of debt.
A creditor selling the debt to a collection company does not, by itself, restart the time limit. A letter from the creditor does not, by itself, count as your acknowledgement of the debt.
What can affect the time limit?
Before the period runs out, some actions can change the calculation:
- Making a payment. Even a small payment can restart the period for many ordinary debts.
- Acknowledging the debt. Admitting in writing that you owe it can restart the period. A text, email or online chat can count as writing. A phone conversation alone is not a written acknowledgement under the usual rules for ordinary debts.
- Court action. If the creditor started a claim within the period, you cannot assume the debt later became statute barred simply because more time passed.
A debt being sold to a collection company does not restart the time limit.
What should you do if someone contacts you about an old debt?
Use this checklist to see what you need to confirm:
- Check the debt is yours. Ask who the original creditor was and what the balance covers. Our guide explains how to find out what debt you owe.
- Identify the debt type and the relevant UK nation. The general credit-card rule may not apply to a mortgage shortfall, council tax or another debt.
- Gather dates. Look for old statements, payment records, letters, default notices and any written acknowledgement.
- Check for court action. Find out whether a claim was started or a judgment was made.
- Ask for advice if anything is unclear. This is especially useful if the period may be close to ending or you have court papers.
If the debt may be statute barred or prescribed, check the position before making a payment or admitting liability. You can ask the creditor for evidence without admitting that the debt is yours, but get help with the wording if you are unsure. Keep copies of what you receive and send.
Can a creditor still contact you after the time limit?
In England, Wales and Northern Ireland, sometimes they can. A statute-barred debt still exists, but FCA rules limit collection activity by firms they regulate. For example, a firm must not try to recover a statute-barred debt if the lender or owner was not in contact with you during the limitation period. A firm must not keep demanding payment after you have told it you will not pay because the debt is statute barred. It must not mislead you about possible court action.
If a creditor disputes the time limit, ask what records it relies on. Read more about dealing with creditors.
What if there is already a court judgment?
The usual time limit for starting a claim does not simply make an existing County Court Judgment (CCJ) disappear. Separate rules apply to enforcing a judgment. If a creditor says there is a CCJ, check the court record and read our guide to how long a CCJ lasts. In Scotland, a court order also needs separate checks.
Do not ignore court papers, even if you believe the debt is too old. You will have a deadline to respond. You may need to raise the time limit as part of your response, so seek advice promptly. See the GOV.UK guide to responding to a court claim for England and Wales.
Do all debts have a six-year limit?
No. Secured debts and some debts owed to public bodies follow different rules. For example, in England and Wales a mortgage shortfall can involve a 12-year period for the main sum borrowed and a six-year period for interest. Council tax, tax debts and benefit overpayments also need separate checks. Scottish rules can be different again.
Is the time limit the same as the credit-file period?
No. Debt limitation and credit-file reporting are separate. A default can usually remain on a credit file for six years from its default date. That date does not prove when the legal time limit began. Equally, a debt missing from your credit file is not proof that it is statute barred or prescribed.
What if the debt is not statute barred and you cannot afford to pay?
If you cannot realistically repay, you can ask the creditor to write off the debt. This is separate from limitation, and the creditor does not have to agree. It may ask for income and spending details. Little money left after essentials, serious illness or limited retirement income may be relevant. Being on benefits alone does not guarantee a write-off.
If payments are unaffordable, a debt advisor can explain options such as a Debt Management Plan or, where appropriate, an Individual Voluntary Arrangement. Eligibility, fees, restrictions and credit-file effects depend on your circumstances.
Frequently asked questions
Possibly. Check when the period started, whether a payment or written acknowledgement affected it, and whether court action began. A six-year gap since you last heard from a collector does not settle the question. FCA rules restrict the collection of statute-barred debts by firms they regulate.
It can if the payment is made before the relevant period has ended. Check the dates and get advice before paying an old debt if you are unsure of its status.
A phone call alone is not a written acknowledgement under the usual rules for ordinary debts. Texts, emails and online chats can be writing. What you say still matters, so ask for advice if the time limit may be close to ending.
An existing CCJ has separate enforcement rules. Do not assume that six years since the judgment means the creditor can no longer act. Check the judgment and seek advice about your circumstances.
It might. Credit reporting and limitation use different rules and dates. A default can usually remain for six years from its default date, even if the debt becomes statute barred sooner.
Yes. For many ordinary debts, Northern Ireland generally has a six-year limitation period, while Scotland generally has a five-year prescription period. A qualifying prescribed debt in Scotland ceases to exist. Check the type of debt and any court action before relying on either period.
Unsure where you stand?
If an old debt is worrying you, MoneyPlus can help.
MoneyPlus provides confidential debt advice online and over the phone. If a solution is suitable and you choose to go ahead, fees may apply. All fees, risks and alternatives will be explained before you agree.
You can also get free, impartial guidance through MoneyHelper.
