In short
A debt is statute-barred when the time limit for suing on it has expired. For a debt under an ordinary (simple) contract in England and Wales, section 5 of the Limitation Act 1980 sets that limit at six years from the date the cause of action accrued. Before the six years have run, a signed written acknowledgment or any payment restarts the clock; once they have run, nothing revives the claim. Whether your debt is statute-barred depends on dates you need to check, and limitation is a defence you must raise yourself.
This guide sets out what the Limitation Act says, what restarts the clock, and what to do if a letter or a court claim arrives about an old debt. It covers England and Wales. It does not tell you whether your own debt is statute-barred. That depends on your dates.
The six-year rule
Section 5 of the Limitation Act 1980 says: “An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
Two parts of that sentence decide most cases.
- “Six years” is the period for a claim on a simple contract. Whether a debt arises under a simple contract is a fact to check, not assume.
- “The date on which the cause of action accrued” is the start date. When time starts for a particular debt depends on the agreement and on what happened on the account. This guide does not state a start date for credit card or other running-account debts. Check the current position for your own agreement with a free debt adviser before you rely on it.
What restarts the clock
Section 29(5) says that where the person liable “acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment.” In plain terms, a fresh six years starts from that date.
An acknowledgment must be in writing and signed
Section 30(1) says: “To be effective for the purposes of section 29 of this Act, an acknowledgment must be in writing and signed by the person making it.” Under section 30(2), it may be made by an agent, and it must be made to the creditor or the creditor’s agent.
A phone call is not a written acknowledgment. A signed letter or form can be.
A payment restarts the clock with no writing at all
The writing requirement applies only to an acknowledgment. A payment in respect of the debt restarts time under section 29(5) on its own, however small, and whether or not anything is signed.
Once six years have run
Section 29(7) says: “a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.”
The order of events therefore matters. An acknowledgment or payment made before the six years expire starts a new six years. One made after they have expired does not bring the right to sue back.
Limitation is a defence you must raise
Limitation is a defence the defendant has to put forward. The court will not raise it by itself. A claim on an old debt can still be issued, and the limitation point is decided only if you raise it.
If you ignore a claim, the claimant can ask for default judgment. Under CPR 12.3, it is available where no defence has been filed and the time has run out. An old debt can end in a judgment if nobody says it is old.
If a letter arrives about an old debt
Start with the dates. Gather what you have: statements, the last payment you made, and any letter you signed about the account. If your records are incomplete, our guide to asking an organisation for the data it holds about you explains how to request it.
If you are unsure the debt is yours, our guide to the ‘prove it’ letter to a debt collector covers that step.
What a statute-barred letter does
A statute-barred letter tells the creditor, in writing, that you rely on the Limitation Act 1980. It does not cancel anything. It puts your position on record.
The letter carries one firm rule: it must not acknowledge the debt. Do not describe the balance as owed, do not offer payment, and do not make a payment. A signed letter is the kind of document section 30 describes. If the six years have not in fact run, an acknowledgment would start them again.
If you are not certain the six years have run, speak to a free debt adviser before you write anything. You check the letter, sign it and send it yourself.
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If a court claim arrives about an old debt
A letter is not a defence. If a claim has been issued, you answer it through the court, by the deadline.
- Claims issued through Online Civil Money Claims: respond by 4pm on the 28th day after the claim was issued (PD 51R para 5.1(1)).
- All other claims, including Money Claim Online: file the defence 14 days after service of the particulars of claim, or 28 days after service if you file an acknowledgment of service (CPR 15.4). A Money Claim Online claim is deemed served on the fifth day after issue (PD 7C para 5.7).
The defence must deal with every allegation in the particulars of claim and give reasons for any denial (CPR 16.5). If you rely on limitation, say so in the defence, with the dates you rely on. Under CPR 16.5(5), an allegation you do not deal with is taken as admitted. Our guide to Form N9B: defence and counterclaim explains the form.
If judgment has already been entered, read our guide to setting aside a default judgment with Form N244. Delay is itself a factor the court considers (CPR 13.3(2)). The application is made on Form N244; see how to complete the N244 application notice.
Free help
- National Debtline and StepChange give free debt advice and can help you work out your dates.
- Citizens Advice can help you read the letter or claim.
- Support Through Court helps people facing court without a lawyer.
- If you have to pay a court fee, Help with Fees is an online application on GOV.UK.
This guide covers England and Wales only. The law in Scotland and Northern Ireland is not covered here.
Related guides
- How to respond to a letter before action
- A claim has been made against you: what to do, and when
- Breathing Space: the 60-day debt pause
- A Debt Relief Order
Frequently asked questions
What does statute-barred mean?
It means the time limit for bringing a court claim has expired. For a debt under a simple contract, section 5 of the Limitation Act 1980 sets the limit at six years from the date the cause of action accrued.
When does the six years start?
From the date the cause of action accrued. That date depends on the agreement and the history of the account. This guide does not state a start date for credit card debts; check your own dates with a free debt adviser such as National Debtline or StepChange.
Does a payment restart the six years?
Yes, if it is made before the six years expire. Under section 29(5), a payment restarts time, and no writing is needed. After the six years have expired, section 29(7) says a later payment does not revive the claim.
Can a phone call restart the clock?
An acknowledgment only counts if it is in writing and signed by the person making it (section 30(1)). A payment is different: it restarts time without any writing.
Can I still be taken to court for a statute-barred debt?
A claim can still be issued. Limitation is a defence you must raise; the court will not raise it for you. If a claim arrives, file a defence by the deadline and set out the limitation point with your dates.
When you are ready, talk your letter through with Chris. You check it, sign it and send it yourself.
Last reviewed: September 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. This guide explains what the rules say; it is not advice on your case. Always check the current official source before you rely on it, and check, sign and send or file your own documents.
Contains public sector information licensed under the Open Government Licence v3.0.
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