Statute Barred Debt Sample Letter Templates
For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.
For free & impartial money advice you can visit MoneyHelper. We work with The Debt Advice Service who provide information about your options. This isn’t a full fact-find, some debt solutions may not be suitable in all circumstances, ongoing fees might apply & your credit rating may be affected.
Are you searching for help writing a ‘statute barred letter’? Don’t worry; you’re not alone. Every month, over 170,000 people visit our website for advice on debt solutions.
In this article, we’ll explain:
- What a ‘statute barred debt’ is.
- How to know if your debt is statute-barred.
- How long it takes for a debt to be written off in the UK.
- The meaning of a ‘non-enforceable’ debt.
- How to write a letter to your creditor about your statute-barred debt.
We’ve also provided a handy letter template for you to use. This will help you to communicate effectively with your creditor.
Template
To Whom It May Concern
Regarding Case #: [your case number]* (required)
You have contacted me about the account with the above reference number, which you claim I owe. I do not admit any liability for your claim.
Under the Limitation Act 1980 Section 5:
“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.”
Also, the Financial Conduct Authority’s Consumer Credit sourcebook states the following.
“…a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.” 7.15.4
“A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.” 7.15.8
Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to take any court action against me to recover the amount you allege I owe.
Please confirm in writing that you will not make any further contact about the above claim and confirm that this matter is now closed.
I look forward to hearing from you.
Yours sincerely
Downloadable Resource
The download links below take you to a Google document template where you can make a copy or save in any document format you like. Note, you may have to login to your Google account.
Download – Single (for one person)
Download – Joint (for couples)
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How long before a debt is written off in the UK?
Debts in the UK don’t become written off over time, but they do become statute barred after a period of six years. If you have not made a payment on your debt over the last six years and have not acknowledged the debt in writing during the same period, your debt will have become statute barred.
What does it mean?
As stated in The Limitations Act 1980 Section 5, statute barred debt is when a debt that is six years or older cannot be legally enforced. It is not enforceable and therefore the company chasing you for money can never make you pay it.
The Financial Conduct Authority prevents creditors from trying to recover these types of debts if they have not been active in trying to recover the debt during the allotted period. Thus, you don’t have to pay and the creditor can no longer chase you.
Statute barred debt is a way to protect the courts from becoming overwhelmed with old debt cases on top of new ones. To save the courts time and resources, a time limit has been applied to the collection of debts.
» TAKE ACTION NOW: Fill out the short debt form
What if there is a CCJ?
Debts that have ever received a County Court Judgement (CCJ) requesting you to pay can never become statute barred. If you have been issued with a CCJ, you should not use our statute barred letter template, even if the debt is more than six years old.
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What does “not enforceable” actually mean?
Statute barred debts are not enforceable, but what does that actually mean?
It means that the debt can never be discussed in court. Thus, your creditor or a debt collection agency can never start legal action against you to recover the money. If they cannot start court proceedings, you can never be forced to pay, i.e. the debt is not enforceable.
How can I know my debt’s status?
If you think your debt is statute barred, you might want to get clarification from a debt charity. Step Change and other fantastic UK debt charities can assist you in working out if your debt has become statute barred.
Once you have clarification that your debt is statute barred, use our time has run out to recover the debt letter to put an end to debt letters and calls.
