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Scottish Debt Prescription Checker

Check if your debts are prescribed under Scottish law. The 5-year rule means debts can become unenforceable earlier than in England.

✓ Updated April 2026✓ Scotland-specific✓ No sign-up required

Scotland only: Under the Prescription and Limitation (Scotland) Act 1973, most debts become unenforceable after 5 years of no payment and no written acknowledgement. England and Wales use a 6-year rule under the Limitation Act 1980. This tool applies Scottish law only.

Enter your debt details and dates, then click Check to see prescription status.

Scotland's 5-year debt prescription rule

Scotland has different debt rules from the rest of the UK. Under the Prescription and Limitation (Scotland) Act 1973, most consumer debts become unenforceable after 5 years if:

You have not made any payment toward the debt
You have not signed any written acknowledgement of the debt
The creditor has not obtained a court decree (court order)

In England and Wales, the equivalent period is 6 years under the Limitation Act 1980. Scotland's shorter period means debts prescribe a full year earlier.

Scotland vs England: key differences

	Scotland	England & Wales
Prescription/limitation period	5 years	6 years
Governing law	Prescription Act 1973	Limitation Act 1980
What resets the clock	Payment, written ack, court decree	Payment, written ack, court claim
Court decree prescription	20 years	6 years
Effect when prescribed	Extinguished (cannot be revived)	Defence to claim (can still be revived)

A critical difference: in Scotland, prescribed debts are extinguished— the obligation ceases to exist. In England, the limitation period is merely a defence — the debt still exists and can theoretically be revived.

Debts that cannot prescribe

Council tax— no prescription period
Student loans(Plan 4 / SAAS) — statutory deductions
Child maintenance— ongoing obligation
Secured debts (mortgages)— different rules apply
HMRC tax debts— can be collected indefinitely (though HMRC has internal policies on older debts)
Court-decreed debts— 20-year prescription

What to do if you think a debt is prescribed

Don't contact the creditor directly— you might accidentally reset the clock
Get free advice from StepChange (0800 138 1111) or Citizens Advice Scotland (0800 028 1456)
Gather evidence of the last payment date (bank statements, credit file)
If contacted by a debt collector, do not make a payment or agree to a repayment plan before taking advice

Check your debts. Enter the date of last payment or written acknowledgement for each debt above to see if the 5-year prescription period has passed.

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Frequently asked questions

Answers to common questions about this calculator.

What is debt prescription in Scotland?

Under the Prescription and Limitation (Scotland) Act 1973, most debts become unenforceable after 5 years if the creditor has not taken court action and you have not made any payment or written acknowledgement of the debt. This is different from England and Wales, where the limitation period is 6 years under the Limitation Act 1980. Prescribed debts still technically exist, but creditors cannot enforce them through Scottish courts.

Which debts can prescribe in Scotland?

Most consumer debts can prescribe: credit cards, personal loans, store cards, catalogues, overdrafts, utility bills, mobile phone contracts, and payday loans. Some debts cannot prescribe: council tax, child maintenance, student loans (Plan 4/SAAS), debts secured by a mortgage, and debts where a court decree has been obtained (these have a 20-year prescription period).

What resets the 5-year clock?

Three things reset the prescription period: (1) making any payment, even £1; (2) signing a written acknowledgement of the debt (this includes some letters or emails where you explicitly accept you owe the money); (3) the creditor obtaining a court decree. Phone calls alone do not reset prescription, and neither does simply receiving a letter from a debt collector.

Can debt collectors still contact me about prescribed debts?

Yes — prescription means the debt is unenforceable in court, not that it disappears. Debt collectors can still write to you and call you. However, they cannot truthfully threaten court action for a prescribed debt. If they do, this may breach FCA rules and you can complain to the Financial Ombudsman Service.

Does prescription affect my credit file?

Debts appear on your credit file for 6 years from the default date, regardless of prescription status. After 6 years, the default drops off your credit report automatically. The 5-year prescription period and 6-year credit file period run independently.

I live in Scotland but the creditor is in England — which rules apply?

Scottish prescription rules apply to debts where the debtor is domiciled in Scotland, regardless of where the creditor is based. If you live in Scotland, the Prescription and Limitation (Scotland) Act 1973 applies to your consumer debts. If you move from England to Scotland (or vice versa), the rules of your current domicile generally apply.

Should I contact the creditor about a prescribed debt?

Be cautious. If you write to a creditor acknowledging the debt, this could reset the prescription clock. If you believe a debt is prescribed, seek free advice from StepChange or Citizens Advice Scotland before contacting the creditor. They can help you draft a response that does not accidentally reset the period.

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Rates verified April 2026· All figures sourced from Revenue Scotland and HMRC

This calculator provides estimates only and does not constitute financial or tax advice. Always verify with Revenue Scotland, HMRC, or mygov.scot, and speak to a qualified financial adviser for advice specific to your circumstances.

Scotland's 5-year debt prescription rule

Scotland has different debt rules from the rest of the UK. Under the Prescription and Limitation (Scotland) Act 1973, most consumer debts become unenforceable after 5 years if:

You have not made any payment toward the debt

You have not signed any written acknowledgement of the debt

The creditor has not obtained a court decree (court order)

In England and Wales, the equivalent period is 6 years under the Limitation Act 1980. Scotland's shorter period means debts prescribe a full year earlier.

Scotland vs England: key differences

Scotland

England & Wales

Prescription/limitation period

5 years

6 years

Governing law

Prescription Act 1973

Limitation Act 1980

What resets the clock

Payment, written ack, court decree

Payment, written ack, court claim

Court decree prescription

20 years

6 years

Effect when prescribed

Extinguished (cannot be revived)

Defence to claim (can still be revived)

Debts that cannot prescribe

Council tax— no prescription period

Student loans(Plan 4 / SAAS) — statutory deductions

Child maintenance— ongoing obligation

Secured debts (mortgages)— different rules apply

HMRC tax debts— can be collected indefinitely (though HMRC has internal policies on older debts)

Court-decreed debts— 20-year prescription