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Debt Recovery4 min read28 April 2026

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.

You

I have just received a letter from a debt collection agency saying I owe £1,800 on a credit card. Looking back, I think this card defaulted about seven years ago and I have not made any payment on it since then. I have not written to the original creditor or the debt collector about it either. Are they allowed to chase me for this? Do I still legally owe it?

Case Buddy

Thank you for explaining this. The key question here is whether this debt has become "statute-barred" under the Limitation Act 1980. To help me understand your position fully: are you certain that the last payment you made was more than six years ago? And can you confirm that you have not made any written acknowledgment of the debt — for example, a letter or email to the original creditor saying something like "I know I owe this but cannot pay right now"?

You

I am confident the last payment was about seven years ago — I checked my old bank statements. And I have never written anything to them about the debt. Does that mean they cannot chase me?

Case Buddy

Here is the legal position: **Statute of limitations on debt:** Under Section 5 of the Limitation Act 1980, a creditor cannot bring court action to recover a debt founded on a simple contract (which includes credit card debts) after **six years** from the date the cause of action accrued. The cause of action accrues when the debt falls due — typically when a payment was missed and the account defaulted. **The clock restarts if:** - You make any payment, even a token amount - You acknowledge the debt **in writing** (a signed written acknowledgment under s.30 of the Act) Oral acknowledgment does not restart the clock. An unsigned letter or email may not restart it either — the acknowledgment must be in writing and signed by the debtor or their agent. **Your position:** Based on what you have described: - The last payment was approximately seven years ago — more than six years ago - You have made no written acknowledgment - The six-year limitation period has therefore **expired** - The debt is likely **statute-barred** **What this means in practice:** - The creditor cannot issue court proceedings to recover the debt - The debt still legally exists — it is not wiped out — but they have lost the right to enforce it through the courts - Debt collectors can still contact you to ask you to pay voluntarily, but they cannot threaten court action or apply pressure to extract payment on a statute-barred debt without telling you it is statute-barred (this would breach FCA rules) - **Do not make any payment** — even £1 restarts the six-year clock - **Do not write to them acknowledging the debt** You can write to the debt collector stating that you believe the debt is statute-barred under the Limitation Act 1980 and requesting that they cease contact. For free debt advice, contact StepChange on 0800 138 1111 or Citizens Advice. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

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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