If your debt is statute barred

Most debts have a time limit on when your creditor can take action against you. After the time limit has ended, the debt might be ‘statute barred’. Check if the time limit on a debt has ended.

If your debt is statute barred, you don’t have to pay it.

If you’ve been contacted about a statute barred debt or action has been taken against you, there are steps you might be able to take.

If your creditors are still contacting you

If you know your debt is statute barred, you can write to the creditor to stop them contacting you about it. Include a statement saying, ‘I don’t admit any liability for your claim’. Don’t say that you’re not sure what you owe, or that you think the amount is wrong. 

You can use National Debtline’s sample letter to write to your creditor. 

Ask the Post Office for free proof of postage - you might need to show when you sent the letter to your creditor. You could also send the letter by recorded delivery - you’ll have to pay if you do this.

If your creditor still argues that the debt isn’t statute barred, they’ll have to go to court to prove it. If your creditor sends you court papers for a debt you think is statute barred, you should get help from your nearest Citizens Advice.

If a creditor keeps contacting you about a statute barred debt after you’ve sent them the letter, you can complain to the creditor. If you’re not satisfied with their response, you can complain to the Financial Ombudsman Service.

Important

If the time limit might have ended or will end soon

You should get advice from your nearest Citizens Advice.

It’s important that you:

• don’t contact a creditor in writing - this includes sending a text or an email, or talking to them on online chat

• don’t make a payment to your creditor - including small payments or someone else making a payment on your behalf

Writing to them or making a payment could make it look like you’re agreeing you owe the money. This might reset the time limit and mean it will be another 6 years before the debt is statute barred.

If you need to check the details of a debt, you can phone your creditor.

If you're sent court papers

If your creditor wants to start court action against you, you’ll get court papers in the post. It’s important you respond by the deadline written on the court papers.

If you get court papers for a debt you think is statute barred, you need to explain this when you fill out the defence formpapers. Get help from your nearest Citizens Advice.

If a creditor has taken court action against you, you’ll get a court order in the post. Once you have a court order, it’s too late to claim the debt is statute barred.

If you think the debt was already statute barred when the creditor applied for the court order, you might be able to get the court order changed.

The court order will tell you to pay the money back to the creditor, and explain how you have to pay. It might tell you to pay the whole amount straight away, or in monthly instalments. It’s important you keep to the terms of the order. If you can’t afford what the court has ordered you to pay, you might be able to get the court order changed.

If you have to go to court

You should tell the court your debt is statute barred as a defense. If you don’t defend your case the court will make a judgment. A judgment will stay on your credit file for 6 years and might make it harder for you to get credit.

You can find out more about what to do if you're being taken to court for debt.