The Court of Appeal handed down a significant judgment in October 2026 clarifying the operation of the Limitation Act 1980 in relation to consumer debts. The court held that a partial payment made under duress — where a debtor paid a small amount to stop a debt collector from calling — did not constitute a voluntary acknowledgment sufficient to restart the six-year limitation clock.
The decision reinforces consumer protections against aggressive debt collection. A voluntary acknowledgment must be a clear, unequivocal recognition of the debt and must be made without undue pressure. The court also confirmed that the FCA's Consumer Credit sourcebook prohibits collectors from misleading debtors about the enforceability of statute-barred debts.
Practically: if a debt is more than six years old and you have not made a payment or written acknowledgment within that period, the creditor cannot sue you for it, although they may still ask you to pay voluntarily. If a collector claims otherwise, this may amount to an unfair or misleading commercial practice under the Consumer Protection from Unfair Trading Regulations 2008. Complaints about debt collectors can be made to the Financial Ombudsman Service. StepChange Debt Charity provides free advice on dealing with old debts.