Debt over 10 years old in the UK – Can You Be Chased? Laws

Are you wondering if you have to pay a debt that is over 10 years old? You’ve come to the right place for answers! Every month, over 170,000 people visit for guidance on debt issues.

This article will help you understand:

• What it means when a debt is over 10 years old.
• If you can still be chased for this debt.
• What to do if you are unsure about an old debt.
• How to deal with debts you’re not responsible for.
• How to get free and impartial debt advice.

A study by Citizens Advice found evidence of poor practices by debt collectors in the UK, including the collection of very old debt.¹ So, it’s understandable to be concerned about your debt.

Don’t worry; you’re not alone! We’re here to help you find ways to deal with it.

Paying your debts over ten years old

While we all should pay the debts we make, there are some specific pieces of legislation in place that might mean we don’t have to pay.

As you can imagine, there are different rules and regulations surrounding debts and debt collectors, and it can be tricky to keep tabs on. 

Most of the time, you’ll be required to repay the debt you owe, and the sooner you do this, the better.

There are, however, a few different circumstances that might mean you don’t have to pay the debt at all.

It is important to remember that defaulted debts will remain on your credit report for six years. This credit score impact will make it harder to obtain credit.

Debts over ten years old also come into play, so read on to find out what to do.

Debts you’re not responsible for

Certain rules surrounding debts might mean you do not have to pay up.

For instance, if there was a problem when you signed the agreement, like if you might have been pressured into signing it or the agreement itself wasn’t clear, you may not have to pay the debt if you can prove that this occurred. 

Similarly, you won’t have to pay if the creditor didn’t check if you could afford the repayments when you signed the agreement.

‘Statute-barred’ – Debts over six years old

If a creditor takes too long to recover the debt you owe and you do not make any admission or payments of the debt, the debt becomes what’s known as statute-barred.

Normally, this is if your debt is over six years old. This means that it can no longer be recovered through court action. 

The debt is written off under the UK debt statute of limitations; however, it still exists technically.

For a debt to become statute-barred, it takes a bit of time. So if you have a debt over ten years old, it may be statute-barred.

There are, however, certain rules surrounding this too.

» TAKE ACTION NOW: Fill out the short debt form

Can I be chased for debt after ten years?

If you know for certain that your debt is statute-barred, then it means that your debt collector can no longer take you to court and force you to pay it.

Additionally, the FCA has stated that they think it is “unfair” for debt collectors to continue to chase you for debt and undertake debt enforcement action once it is statute-barred under the Limitation Act 1980.

So in most circumstances, if the debt can be shown to be statute-barred, your debt collector will no longer contact you about it, and you can consider it a debt write-off.

There are caveats to this.

For example, if you owe debts to the DWP or HMRC, they can deduct money directly from your wages, regardless of whether the debt is statute-barred. This is called a direct earnings attachment.

A County Court Judgement (CCJ) can also be chased.

A CCJ can be enforced for up to six years without permission from the court. If the creditor wants to enforce the judgment after this period, they must get permission from the court.

Thousands have already tackled their debt

Every day our partners, The Debt Advice Service, help people find out whether they can lower their repayments and finally tackle or write off some of their debt.

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Where can you get free and impartial debt advice?

The following debt advice services can give you more information on debt solutions, such as a debt management plan (DMP), Individual Voluntary Arrangement (IVA), debt relief order and more.

Here, we’ll go into detailed responses to some of the more commonly asked questions about debts over ten years old.

References

1. Citizens Advice – The state of debt collection