Most unpaid debts don’t vanish at six years; the time limit often blocks a court claim, while the balance may still exist.
That “six years and it’s gone” line sticks because it sounds clean. Real life is messier. “Six years” can refer to a court time limit, a credit file time limit, or a lender’s internal bookkeeping.
To work out what applies to you, you need three facts: where the debt is governed, what type of debt it is, and the last date you paid or admitted it in writing.
What “Written Off” Usually Means
People use “written off” for three different outcomes. Mixing them up leads to bad calls.
- Time-barred for court: the window to sue has expired under limitation or prescription rules.
- Off your credit file: a default record drops off after a reporting period.
- Written off by the lender: an accounting loss, while collection can continue or the debt can be sold.
Only the first one changes a creditor’s ability to get a judgment. The second affects how lenders view you. The third is not forgiveness.
Are Debts Written Off After 6 Years? The Straight Answer
In England and Wales, many consumer debts are “simple contract” debts. The Limitation Act 1980 says a simple contract claim can’t be brought after six years from when the cause of action accrued. Limitation Act 1980, section 5.
That rule does not erase the balance. UK consumer regulation describes a statute barred debt as one where the period to bring a claim has expired, and it notes that the debt can still exist.
Taking The 6-Year Debt Rule Apart By Place
“Six years” is common in parts of the UK, yet it is not a universal number.
- England and Wales: six years is the standard baseline for many simple contract debts.
- Scotland: section 6 sets a five-year prescriptive period for many obligations, with no relevant claim and no relevant acknowledgement; when it completes, the obligation is extinguished. Prescription and Limitation (Scotland) Act 1973, section 6.
- Northern Ireland: consumer regulators often describe a six-year approach for many debts, though the statute differs by jurisdiction.
If you are outside the UK, stop here and check your local limitation statute. The number can be shorter or longer, and the reset rules can differ.
What Starts The Clock
The clock usually starts when the creditor first has a right to sue. That can be the first missed payment that makes the debt actionable, or the point when the agreement allows the creditor to demand the full balance.
This is why “default date” and “limitation start date” can be close, yet not identical. A credit file default is a reporting event, not a legal trigger.
What Can Restart The Clock
Two actions commonly change the timeline in many systems:
- A payment: even a small payment can restart the period in many places.
- A written acknowledgement: a message that admits the debt can restart the period in many places.
Scotland’s section 6 frames this as “relevant claims” and “relevant acknowledgements” that stop the five-year period from completing.
Collector Contact And What They Can’t Say
Even when a debt is time-barred, a collector may still contact you. Rules about what they can say can give you a pressure point.
The FCA says it is misleading to suggest court action for a statute barred debt when the firm knows, or should know, the limitation period has expired. FCA CONC 7.15 on statute barred debts.
Debts That Don’t Fit The Simple Pattern
Some situations need extra care because “six years” stops mapping cleanly to what’s happening.
Court Judgments
If a creditor already has a judgment (like a CCJ or a Scottish decree), you are no longer dealing with just the original agreement. Enforcement rules for judgments can open longer time windows than the original contract claim.
Secured Borrowing And Mortgage Shortfalls
Secured debts and mortgage shortfalls can have different limitation periods, and the timing may differ for capital and interest. Treat any letter about a shortfall as higher stakes than a standard card balance.
Tax And Government Debts
Government liabilities can run under their own rules. HMRC’s internal manual describes a six-year limit for court action to recover certain National Insurance contributions, tied to the due date as the cause of action date. HMRC DMBM527120 on limitation.
That does not mean every tax debt ends at six years. Identify the exact type of liability and the enforcement route being used.
Credit File Timing Is A Different Clock
Credit reporting often uses a six-year window too, which adds to the confusion. In UK reporting practice, a default marker can remain on file for six years from the default date. SCOR reporting principles on defaults.
A debt can drop off a credit file and still be pursued outside court. Treat “off my report” as “less visible to lenders,” not “gone.”
Table: Common Time Limits And What They Change
This table is an orientation tool. Your dates can differ based on contract terms, actions taken, and the kind of claim.
| Situation | Typical Time Marker | What Changes After That |
|---|---|---|
| England/Wales simple contract debt | 6 years from cause of action | Court claim is out of time under section 5, unless the period restarted |
| Scotland obligation under section 6 | 5 years with no relevant claim or acknowledgement | Obligation is extinguished when the period completes, subject to exclusions |
| Northern Ireland common consumer position | Often treated as 6 years for many debts | Check the NI statute; regulators still describe a six-year approach for many debts |
| Judgment debt (CCJ/decree) | Judgment date | Enforcement rules apply; the original “six years” idea may not apply |
| Default on credit file | 6 years from default date | Default marker drops off the file under CRA reporting practice |
| Payment made after years of silence | Date of payment | Can restart the limitation period in many systems |
| Written acknowledgement sent | Date of acknowledgement | Can restart the limitation period in many systems |
| Court threat on time-barred debt | After limitation expired | FCA warns against misleading court threats when the period expired |
How To Check Your Status Without Resetting Anything
Your job is to verify dates and documents first, then decide what to do. Keep collector calls short. Use writing when you can.
Build A One-Page Timeline
Gather statements, letters, emails, and your credit file. Write down:
- Debt type and original creditor
- Current collector name
- First missed payment date (from statements)
- Last payment date
- Last written acknowledgement date
- Any court papers or judgment dates
Ask For Proof, Not An Argument
If you’re unsure, request a statement of account and the date the firm says the debt became due. Keep your wording factual. Avoid lines like “I owe” or “I’ll pay,” until you know where you stand.
Save Anything That Mentions Court
If a letter hints at court action on a debt you believe is time-barred, keep a copy. FCA rules flag court threats as misleading when the firm knows the limitation period has expired.
Collector Reply Checklist
Before you respond beyond “send me the details,” run this checklist.
| Check | What To Find | Why It Matters |
|---|---|---|
| Last payment date | Bank statement line or receipt | Often a reset point |
| Last written acknowledgement | Email, letter, signed form | Often a reset point |
| Judgment status | CCJ/decree paperwork | Moves you into judgment enforcement rules |
| Debt owner | Notice of assignment, creditor name | Shows the firm has a right to collect |
| Court language in letters | Threats, deadlines, bailiff talk | Can breach FCA expectations when limitation expired |
| Your next step | Pay, dispute, or assert time-bar | Choose after dates are clear |
If The Debt Is Not Time-Barred
If the clock has not run out, you still have options. A plan you can keep beats a big promise you can’t meet. Start with your monthly essentials, then pick a payment you can repeat.
If court papers arrive, act fast. Missing deadlines can turn a dispute into a judgment, and judgments can be harder to shake than the original debt.
If The Debt Looks Time-Barred
If your timeline points to a time-barred debt, don’t rush into a phone debate. Ask the firm to explain why it thinks the debt remains enforceable and to share the dates it relies on.
FOS decisions often quote FCA rules that warn firms against continued pressure once a customer says they won’t pay because a debt is statute barred.
When the numbers are large, or when court papers and old payments are involved, talk with a licensed attorney in your area. Bring your timeline and copies of letters so the advice is based on facts.
Myths That Trip People Up
“Off My Credit File Means Nobody Can Chase Me”
Credit reporting and court limitation are separate. A default marker can drop off after six years and collection contact can still happen.
“A Collector Can’t Contact Me After Six Years”
Contact can still happen. The line is crossed when a firm misleads you about court action after the limitation period expired.
What To Take From All This
Six years is not a magic eraser. It is often a time limit on court action for many debts, while leaving the balance alive on paper.
To get clarity, work from dates: last payment, last written acknowledgement, and any court action. Match that to your jurisdiction and debt type, then choose your next move.
References & Sources
- UK Legislation.“Limitation Act 1980, Section 5.”Sets the six-year time limit for many simple contract claims in England and Wales.
- Financial Conduct Authority (FCA).“CONC 7.15 Statute Barred Debts.”Explains firm conduct on time-barred debts and flags misleading court threats.
- UK Legislation.“Prescription and Limitation (Scotland) Act 1973, Section 6.”Defines the five-year prescriptive period in Scotland and when an obligation is extinguished.
- HM Revenue & Customs (HMRC).“DMBM527120: Limitation And NICs Pursuit.”Describes a six-year limitation approach for certain NICs court action.
- Steering Committee on Reciprocity (SCOR).“Principles For The Reporting Of Arrears, Arrangements And Defaults.”Explains credit reporting practice, including default markers remaining on file for six years.
