A Debt Collector Is Chasing a 7-Year-Old Debt — Do I Still Owe It?
Based on: Limitation Act 1980 s.5 — Statute of limitations on simple contract debts; ARM Asset Backed Securities SA v Helio Sequence Ltd principles on acknowledgment · View judgment
The Scenario
A person receives a letter from a debt collection agency claiming they owe £1,800 on a credit card that defaulted seven years ago. They have not made any payments or contacted the original creditor in over six years.
The Conversation
This is how Case Buddy would handle this scenario — the same experience you get on the platform.
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The Correct Legal Position
- •Under s.5 Limitation Act 1980, creditors cannot bring court action to recover a simple contract debt after six years from the date the cause of action accrued.
- •The limitation period restarts if the debtor makes any payment or signs a written acknowledgment of the debt.
- •Oral acknowledgment alone does not restart the limitation period.
- •A statute-barred debt still legally exists but is unenforceable through the courts. Debt collectors who continue to pursue statute-barred debts without disclosing this breach FCA consumer credit rules.
What the Court Decided
Under s.5 of the Limitation Act 1980, a credit card debt where no payment has been made and no written acknowledgment given for more than six years is statute-barred. The creditor loses the right to bring court proceedings. The debtor should not make any payment or written acknowledgment, which would restart the clock.
Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).
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