What is a statute barred debt and why does it matter?
In England and Wales, most consumer debts become statute barred after six years under the Limitation Act 1980, provided you have not made a payment or written acknowledgement of the debt in that time. A statute barred debt cannot be enforced through the courts. If a creditor is pursuing a statute barred debt, you can write formally notifying them of this, and they are obliged to stop collection action.
Can I request that a creditor stops contacting me?
Yes. If you are disputing a debt, or if contact is causing distress, you can write to the creditor asking them to communicate in writing only, or to cease contact while a dispute is ongoing. Persistent unwanted contact may constitute harassment under the Protection from Harassment Act 1997. FCA-regulated creditors must also follow the FCA's Consumer Credit sourcebook rules on fair treatment.
What is a debt write-off request and when is it appropriate?
If you are in severe financial hardship — for example due to long-term illness, disability, or unemployment — some creditors, particularly regulated lenders, will consider writing off a debt as a last resort. You will need to provide a financial statement demonstrating that you genuinely cannot repay. This is not guaranteed, but is worth requesting before considering insolvency options.
What should I do if I do not recognise a debt being claimed?
Write formally to the creditor or debt collection agency requesting a full statement of account and proof that the debt is yours. Under the Consumer Credit Act 1974, creditors must provide a copy of the original credit agreement on request (for CCA-regulated debts). Until they do, enforcement is restricted. If you believe the debt is the result of fraud or identity theft, report it to Action Fraud and request a notice of correction on your credit file.