FREE Statute-Barred Debt Defense Letter - Limitation Act 1980 Protection
โฐ FREE LEGAL TEMPLATE

Statute-Barred Debt Defense

Limitation Act 1980 s.5 - Debts Over 6 Years Cannot Be Enforced

๐Ÿ“‹ CRITICAL: How The 6-Year Rule Works

โœ… Debt IS Statute-Barred When:

  • 6+ years since last payment made
  • 6+ years since written acknowledgment
  • No CCJ obtained within 6 years
  • No contact that acknowledges the debt
  • For credit cards: 6 years from default date
  • For loans: 6 years from last payment
  • Mortgage shortfalls: 12 years (different rule)

โš ๏ธ What RESETS the 6-Year Clock:

  • Making ANY payment (even ยฃ1)
  • Writing "I owe" or similar admission
  • Signing new agreement or payment plan
  • Acknowledging in writing the debt exists
  • Court judgment (CCJ) being obtained
  • Text/email admission can count
  • NEVER happens: Just from creditor contact

๐ŸŽฏ KEY FACTS ABOUT STATUTE-BARRED DEBTS:

The Debt Still Exists:

Being statute-barred doesn't delete the debt. It just cannot be enforced through court. Creditors can still ask for payment but cannot force it.

Credit File Impact:

Defaults drop off credit files after 6 years regardless. A statute-barred debt shouldn't appear on your credit file at all.

They MUST Tell You:

FCA rules require creditors to inform you if a debt is statute-barred when they know or should know this fact.

Different Time Limits:

Mortgage debts: 12 years. Most others: 6 years. Council Tax: Can be complicated - seek advice.

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Statute-Barred Defense Letter
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โš ๏ธ Important: Send by recorded delivery. Never acknowledge the debt or make any payment as this resets the 6-year limitation period. This letter does not acknowledge the debt exists. Keep copies of all correspondence.

STATUTE-BARRED DEBT NOTICE

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