What is a Statute Barred Debt?

Last updated: 22 February 2026

A statute barred debt is an old debt that can no longer be enforced through the courts. In England and Wales, most debts become statute barred after 6 years calculated from the date of breach of contract. Understanding this rule matters whether you're chasing a debt or being chased for one.

The 6-year limitation period

Under the Limitation Act 1980, creditors have 6 years to bring a court claim for most debts. The clock starts from:

  • The date the debt became due, OR
  • The date of the last payment or written acknowledgment

After 6 years with no relevant activity, the debt becomes "statute barred" and courts will refuse to enforce it.

However, for debts arising from contracts made by way of deed (i.e. a contract under seal) then the limitation period is 12 years.

The key rule is that you need to issue a Court claim within the limitation period, and it is very unwise to leave the claim for too long.

What counts as resetting the clock?

The 6-year period restarts if:

The debtor makes a payment: Any payment, even a small one, resets the clock to zero.

The debtor acknowledges the debt in writing: A letter or email admitting they owe the money restarts the limitation period.

What doesn't reset the clock:

  • Phone calls (even if they admit owing money)
  • The creditor sending letters or demands
  • The creditor selling the debt to someone else
  • Verbal promises to pay

For creditors: don't let debts become statute barred

If you're owed money, act within 6 years:

Year 1-2: Chase actively with reminders and escalation

Year 2-3: Send letter before action, consider court action

Year 3-5: File court claim before it's too late

Year 5+: Urgently pursue, limitation is approaching

Once statute barred, you lose the legal right to pursue the debt through the courts.

Key action: File your court claim well before the 6 years expires. Even if the case takes a while to resolve, filing the claim preserves your right.

For debtors: when can you stop worrying?

If 6 years have passed since:

  • You last made any payment, AND
  • You last acknowledged the debt in writing, AND
  • The contract was not made by way of deed.

Then the debt may be statute barred. The creditor cannot:

  • Successfully sue you
  • Get a CCJ
  • Enforce through bailiffs

Special cases

12-year limitation for some debts:

  • Debts secured by a deed (some mortgages)
  • Debts owed under a deed of covenant
  • Recovery of land

Different rules for:

  • Personal injury claims: 3 years
  • Scotland: 5 years (different legal system)
  • Tax debts: Different rules apply

Does the debt disappear?

No. A statute barred debt:

  • Still exists legally
  • Can still appear on your credit file (but usually only for 6 years)
  • Can still be collected through non-court means (calls, letters)
  • The debtor can still voluntarily pay

What changes is that the creditor cannot force payment through the courts.

What if someone sues for a statute barred debt?

If a creditor files a court claim for a statute barred debt:

  1. If you want to defend the claim, you must file a Defence and raise the limitation defence within it
  2. Don't ignore it or you'll get a default CCJ anyway
  3. The court will dismiss the claim if you prove the debt is statute barred

The court doesn't automatically check if a debt is statute barred, you must raise it as a defence.

Credit file implications

Debts stay on your credit file for 6 years from:

  • The default date, OR
  • The date of the last payment

This is separate from the limitation period. A debt can be statute barred (can't be sued) but still on your credit file, or vice versa.

How to check if a debt is statute barred

  1. Find the last payment date - Check bank statements, payment records
  2. Find the last written acknowledgment - Any letters/emails admitting the debt
  3. Calculate 6 years from whichever is most recent or, if neither happened, from the date that the debt should have been paid
  4. Check for special categories - Mortgages, deeds, tax have different rules

For creditors: avoiding limitation problems

Best practices:

  • Track payment due dates and last contact dates
  • Act promptly on overdue debts
  • File court claims well before 6 years
  • Keep records of all payments and acknowledgments

Use Garfield: Our automated system tracks deadlines and prompts action, so you never accidentally let a debt become statute barred.

Getting help

If you're owed money: Don't wait until year 5 to take action. Start debt recovery promptly, and use Garfield to automate the process before limitation becomes an issue.

If you're being chased: Seek debt advice from organisations like StepChange, Citizens Advice, or National Debtline. They can help you understand if a debt is statute barred.

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Statute Barred Debt: 6-Year Rule (2026) | Garfield AI