Statute-barred debt — cease collection demand
Letter to a creditor or debt collector asserting that a debt is statute-barred under section 5 of the Limitation Act 1980 and demanding they cease collection activity.
Do not pay anything (even £1 restarts the 6-year clock). Do not acknowledge the debt in writing or by phone. Send this by recorded delivery. Keep a copy. If the creditor continues to chase, escalate to the Financial Ombudsman Service. The Scottish "prescription" is 5 years and extinguishes the debt entirely.
AI cross-check (2026-06-15) — pending regulated solicitor sign-off
This letter cites the following authority, which the AI has checked against current GOV.UK / legislation.gov.uk:
- Section 5 Limitation Act 1980 (6-year limitation period for simple contract debts): confirmed currently in force. The 6-year limitation period for simple contract debts in England and Wales runs from the date the cause of action accrued (typically the date of default or last acknowledgement). Correctly cited.
- Sections 29 and 30 Limitation Act 1980 (acknowledgement or payment restarts the clock): confirmed currently in force. A payment or written acknowledgement of the debt restarts the 6-year limitation period from that date. The letter's warning not to pay or acknowledge is consistent with ss.29-30. The letter correctly notes it is not an acknowledgement for the purposes of these sections.
- FCA CONC 7.15.4R (unfair collection of statute-barred debts): confirmed currently in force in the FCA Consumer Credit sourcebook. Continuing to pursue statute-barred debts is treated as unfair and potentially a regulatory breach. Correctly cited.
- Scottish 5-year prescription (Prescription and Limitation (Scotland) Act 1973): confirmed — Scotland has a 5-year prescriptive period which extinguishes the debt entirely (unlike the English limitation bar, which only bars enforcement). Correctly noted.
Reviewer focus areas: (1) Confirm whether the FCA CONC rule number 7.15.4R is still accurate — the FCA periodically renumbers CONC rules. Verify the current CONC reference for unfair pursuit of statute-barred debts. (2) Confirm the correct start date for the 6-year period in the context of credit agreements — for regulated credit agreements, the date of default registered with CRAs may differ from the legal accrual date. (3) Confirm whether the Limitation Act 1980 has been amended in any material respect since its enactment. (4) Note that mortgage debts (secured) have a 12-year limitation period under s.8 Limitation Act 1980 — this letter is explicitly for unsecured simple contract debts and should not be used for mortgage shortfall debts without advice.
This AI cross-check is an aid only; final sign-off requires a regulated solicitor.
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