How long you can be chased depends on the debt type and where you live. “Chased” can also mean two different things: asking you to pay, and using the court to enforce payment.
England and Wales: common limitation periods#
| Debt type | Common court-action period |
|---|---|
| Credit cards, personal loans, overdrafts | Often 6 years |
| Rent arrears | Often 6 years from each missed payment |
| Simple contract debts | Often 6 years |
| Mortgage capital shortfall | Can be up to 12 years |
| Mortgage interest shortfall | Often 6 years |
| Existing CCJ | Different rules; permission may be needed to enforce after 6 years |
These are general rules. Some debts have specialist rules, and limitation can turn on the exact date the cause of action arose.
What can restart the clock#
For many debts, limitation can be affected by:
- A payment
- Written acknowledgement of the debt
- Court action already started
- A previous judgment
Do not make a small payment to “keep them quiet” if you think the debt may be statute-barred. Check the dates first.
Statute-barred does not mean deleted#
If a debt is statute-barred, the creditor may be out of time to start court action. That does not always mean the balance disappears from records immediately, and it does not undo a County Court Judgment that already exists.
The FCA expects firms to treat customers fairly around disputed and statute-barred debts. If a collector continues to demand payment after you have explained why the debt is statute-barred, complain in writing and escalate if needed.
Scotland and Northern Ireland#
Scotland has prescription rules that differ from England and Wales, and Northern Ireland has its own limitation rules. Do not assume the six-year England and Wales position applies if you live elsewhere or the agreement is governed by different law.
If the debt is enforceable#
If the debt is not statute-barred and you cannot afford it, compare your options before agreeing to payments. A DMP, DRO, IVA, bankruptcy or Breathing Space may be more suitable than dealing with one collector at a time.
Related questions#
- Can debt be written off?
- Do debt collectors give up?
- How to stop debt collectors chasing you
- Find your debt collector
Sources