Debt Collectors in the UK: Stop Harassment and Verify Debt

What counts as harassment by debt collectors in the UK?

Harassment is repeated or oppressive contact that causes distress, including excessive calls, threats, or contacting you at work after you asked them not to. UK law and FCA rules prohibit unfair pressure, misleading statements, and contact that ignores reasonable communication preferences.

• Key laws and rules: FCA Consumer Credit Sourcebook (CONC), Protection from Harassment Act 1997, Administration of Justice Act 1970 section 40, Communications Act 2003, Data Protection Act 2018.
• Examples of harassment under FCA CONC:
  • Calling multiple times per day or at unreasonable times.
  • Contacting you at work after you said your employer prohibits it.
  • Threatening immediate court or home visits without basis.
  • Discussing your debt with third parties or family without consent.
  • Refusing to deal with your appointed debt adviser.
• Collecting after you enter Breathing Space (England and Wales) or a moratorium (Scotland) is generally not allowed except for limited notices.
• Doorstep visits: collectors have no special powers. If they refuse to leave when asked, it may be trespass and you can call the police.

How can you make debt collectors stop contacting or harassing you?

Write to set clear contact preferences and require that all communication is in writing. If behaviour continues, lodge a formal complaint with the firm, escalate to the Financial Ombudsman Service after 8 weeks, and report serious breaches to the FCA and ICO.

1. Switch to writing only:
   • Send a letter or email stating: "Please communicate only by post to my home address. Do not call, text, email, or visit my home. Do not contact me at work."
   • Under FCA CONC, firms must respect reasonable contact preferences and vulnerability needs.
   • Keep a copy and send by recorded delivery if posting.
2. Log and evidence:
   • Keep a contact log with dates, times, content, and screenshots or call recordings where lawful.
   • Save envelopes, voicemails, and letters.
3. Complain internally:
   • Write "Formal complaint - unfair collection conduct" and list breaches and impacts.
   • Ask for redress: written-only contact, compensation for distress, correction of records, staff retraining.
   • The firm has up to 8 weeks to issue a final response.
4. Escalate externally:
   • Financial Ombudsman Service (FOS) - free, binding decisions for regulated firms. You can go to FOS if you are unhappy with the final response or after 8 weeks with no response.
   • Report systemic issues to the FCA (they do not resolve individual cases but supervise firms).
   • Report data misuse to the ICO. Report doorstep abuse to the police if needed.
5. Consider Breathing Space (England and Wales):
   • Ask an FCA-authorised debt adviser to start a 60 day Breathing Space. Creditors must pause most contact, interest, fees, and enforcement.
   • Mental Health Crisis Breathing Space lasts the crisis treatment period plus 30 days.

How do you verify a debt and who really owns it?

Tell the collector to prove the debt before you pay or discuss repayment. Ask for the agreement, statements, and proof they have the right to collect or that you were properly notified of any assignment.

1. Send a prove-it letter:
   • Write: "I do not acknowledge this debt. Please provide evidence of liability and ownership. Until then, do not contact me except to provide documents."
   • Ask for: your name and address at the time, account number, balance breakdown, last payment date, and how interest or charges were added.
2. For credit-regulated debts (credit cards, loans, store cards, catalogues, hire purchase):
   • Make a Consumer Credit Act request under sections 77-79 with a £1 postal order.
   • They must supply a true copy of the executed agreement, terms, and statement of account. Until they do, the debt is unenforceable in court.
3. Assignment and authority:
   • If a debt was sold, you should have received a Notice of Assignment under the Law of Property Act 1925.
   • You can ask for proof that the collector is instructed or owns the debt. They rarely share the Deed of Assignment but must prove authority if they sue.
4. Credit file and identity checks:
   • Check Experian, Equifax, and TransUnion for account details and default dates.
   • If the debt is not yours, raise a fraud dispute with the creditor and credit reference agencies and report to Action Fraud.

What are your rights under UK law when dealing with debt collectors?

You have the right to fair treatment, accurate information, and proportionate contact. You can choose how and when they contact you, access your data, dispute debts, and get independent redress.

• FCA CONC rules: treat customers fairly, consider vulnerability, clear and not misleading communications, honour reasonable contact requests, and suspend action while disputes are investigated.
• Data rights:
  • Make a Subject Access Request to see your data - free of charge, 1 month to respond.
  • Ask for correction of inaccurate data and restrict processing that causes distress.
• Harassment laws: Protection from Harassment Act 1997 and Administration of Justice Act 1970 prohibit oppressive demands and public shaming.
• Limitation rules: Limitation Act 1980 in England and Wales and Northern Ireland - 6 years for most simple contracts; Prescription and Limitation (Scotland) Act 1973 - 5 years.
• Home visits: you can refuse entry and require all contact in writing. Only court-appointed enforcement agents with a warrant have limited entry rights.

What is the difference between debt collectors, bailiffs, and enforcement agents?

Debt collectors are private companies with no special powers; they cannot enter your home or seize goods. Enforcement agents (bailiffs in England and Wales) act under a court warrant and can take control of goods following strict procedures.

How do you check if a debt is statute barred?

Look at the last payment or written acknowledgment date and whether a court judgment exists. If 6 years have passed in England and Wales and Northern Ireland (5 in Scotland) with no payment or written acknowledgment and no judgment, the debt is usually statute barred.

• Steps:
  1. Ask for a statement showing the last payment date and any written acknowledgment by you.
  2. Check your credit file for default and payment history.
  3. Confirm there is no County Court Judgment (England and Wales), Decree (Scotland), or Judgment (Northern Ireland).
  4. If time limits met, respond: "This debt is statute barred under the Limitation Act 1980" or for Scotland "prescribed under the Prescription and Limitation (Scotland) Act 1973." Do not pay or acknowledge the debt.
• Key rules:
  • Clock resets with a payment or a written acknowledgment signed by you.
  • A court judgment means limitation no longer applies to the underlying debt.
  • Different limits may apply for mortgage shortfalls and some benefits overpayments.

How do you spot and handle debt collection scams?

Verify the firm, never pay on the spot, and demand written proof before you engage. Hang up on pressure calls and contact the original creditor using contact details you find independently.

• Red flags:
  • Threats of immediate arrest or prison.
  • Requests for payment by gift cards, crypto, or bank transfer to personal accounts.
  • No written details or refusal to provide a postal address.
  • Spoofed caller IDs or fake court references.
• Checks:
  • Search the firm's name on the FCA Register.
  • Call the original creditor using their website number to confirm any assignment.
  • Ask for the Notice of Assignment and account references.
• Actions:
  • Do not confirm personal data beyond your name and address until verified.
  • Report to Action Fraud and your bank if you paid a scammer.
  • Place protective markers with credit reference agencies if identity theft is suspected.

What if you receive a Letter of Claim or a County Court Claim?

Act immediately. For a Letter of Claim you generally have 30 days to respond; for a County Court Claim you have 14 days to respond or 28 days if you file an Acknowledgment of Service.

Letter of Claim - Pre-Action Protocol (England and Wales)

• Sent before court by businesses to individuals under the Pre-Action Protocol for Debt Claims.
• Includes reply form, information sheet, and financial statement form.
• Within 30 days:
  • Request documents you need to understand or dispute the debt.
  • Return the reply form stating you are seeking debt advice and need time.
  • Propose affordable repayments based on your budget, or dispute the claim with reasons.

County Court Claim (England and Wales)

1. Check the claim form (N1) and Particulars of Claim. Verify the issue date.
2. Deadlines:
   • Respond within 14 days of service. File an Acknowledgment of Service online to extend to 28 days to file a defence.
3. Possible responses:
   • Defend if you dispute the debt, amount, or enforceability (e.g., missing CCA agreement).
   • Admit and offer payment by instalments if the claim is correct and affordable.
   • Part-admit if some of the amount is wrong.
4. If you ignore the claim, a default judgment may be entered, damaging your credit record for 6 years.
5. Get help fast from National Debtline, StepChange, Citizens Advice, or a solicitor.

Scotland and Northern Ireland

• Scotland uses Simple Procedure for lower value claims and different timelines. Seek Scottish-specific advice quickly.
• Northern Ireland has its own court forms and deadlines. Do not ignore any court paperwork.

How do you complain and get compensation for unfair collection?

Complain to the firm first, then to the Financial Ombudsman Service if not resolved within 8 weeks or you disagree with the outcome. You can obtain compensation for distress and inconvenience and correction of records.

1. Internal complaint:
   • State breaches of FCA CONC, harassment laws, or data protection.
   • Provide your evidence log and the outcome you want.
2. Financial Ombudsman Service:
   • Free to consumers. Submit online or by phone with your evidence and the firm's final response letter.
   • FOS can order redress and changes in practice. Decisions can be binding on the firm.
3. Other routes:
   • ICO for data issues such as unlawful disclosure or inaccurate reporting.
   • Trading Standards via Citizens Advice consumer service for unfair trading practices.
   • Court claims for harassment or breaches are possible but get legal advice on merits and costs.

What payment and settlement options can you use once a debt is verified?

Pay only what you can afford after a realistic budget. Negotiate reductions, token payments, or use formal solutions like a Debt Relief Order, IVA, or bankruptcy if debts are unmanageable.

• Budget first:
  • List income and essential living costs. Prioritise rent, mortgage, council tax, energy, and court fines before non-priority debts.
  • Make offers you can sustain. Collectors must consider fair offers supported by a budget.
• Negotiation tools:
  • Token payments of £1 to maintain goodwill while seeking advice.
  • Full and final settlement for a discount if you have a lump sum. Get any agreement in writing before paying.
  • Stop interest and charges requests, especially where hardship exists.
• Breathing Space and moratoriums:
  • England and Wales: 60 day Breathing Space via an authorised debt adviser. Pauses most contact, interest, and enforcement.
  • Scotland: a statutory moratorium can give temporary protection while setting up a Debt Arrangement Scheme or other solution.
• Formal debt solutions:
  • Debt Relief Order (England and Wales and Northern Ireland): fee typically £90, for low assets and low surplus income, debts under set limits. Stops enforcement and writes off debts after the DRO period if you qualify.
  • Debt Arrangement Scheme (Scotland): a court backed payment plan that freezes interest while you repay.
  • Individual Voluntary Arrangement (IVA) or Protected Trust Deed (Scotland): structured settlements over several years. Get independent advice first.
  • Bankruptcy: clears qualifying debts but has serious consequences and fees. Take advice before applying.

What practical letters and scripts can you use today?

Use short, clear wording and keep copies. Send letters by recorded delivery or email and keep read receipts.

• Contact preferences letter:
  • "I require all communication in writing to my postal address. Do not call, text, email, visit my home, or contact me at work."
• Prove-it letter:
  • "I do not acknowledge any debt to your company. Please provide the agreement, statements, and proof of your authority to collect. Until then, do not contact me except to supply documents."
• CCA request:
  • "This is a request under sections 77-79 of the Consumer Credit Act 1974. I enclose the £1 fee. Please provide a true copy of the agreement and statement of account."
• Statute barred response:
  • "This debt is statute barred under the Limitation Act 1980. I will not be making any payments. Please confirm you have closed your file and ceased processing my data for collection."
• Complaint header:
  • "Formal complaint - unfair and oppressive debt collection. Please investigate under FCA CONC and provide a final response."

What will it cost to verify and protect yourself, and what about court fees?

Most verification steps are low-cost or free. Court fees vary with claim size and are only relevant if a creditor issues a claim.

Who are the key UK regulators and support organisations?

Know who to contact for help and enforcement. Use free, independent advice to strengthen your position.

• Financial Conduct Authority (FCA) - regulates consumer credit firms and collection conduct.
• Financial Ombudsman Service (FOS) - handles complaints about regulated firms and can award compensation.
• Information Commissioner's Office (ICO) - handles data protection and privacy complaints.
• Citizens Advice, StepChange Debt Charity, National Debtline, MoneyHelper - free debt advice and template letters.
• Action Fraud - report scams and identity theft.

When should you hire a lawyer or expert debt adviser?

Get expert help if you receive court papers, your case involves complex disputes or harassment, or you are considering formal insolvency. Free debt advisers can handle most collection issues and set up Breathing Space or Scottish moratoriums.

• Hire a solicitor if:
  • You need to defend a court claim or set aside a default judgment.
  • You are seeking damages for harassment or serious data breaches.
  • Your case involves complex legal points such as enforceability under the Consumer Credit Act.
• Use a debt adviser if:
  • You need a budget, repayment plan, or help negotiating with creditors.
  • You want Breathing Space or to explore a DRO, IVA, DAS, Trust Deed, or bankruptcy.
  • You are vulnerable due to health or circumstances and need tailored protections.

What are the immediate next steps to stop harassment and verify your debt?

Switch collectors to writing only, force proof of the debt, and engage free advice if you are unsure. Keep strict records and escalate complaints if behaviour persists.

1. Send a contact preferences letter today insisting on written-only contact.
2. Send a prove-it letter and, for credit debts, a £1 CCA request.
3. Start a communication log and save all evidence.
4. Check your credit reports and note default dates and any judgments.
5. If pressured, call National Debtline or StepChange for immediate guidance and, if needed, Breathing Space.
6. If you receive a Letter of Claim or court papers, diary the deadlines and seek advice the same day.
7. File a formal complaint if contact rules are ignored and escalate to the FOS after 8 weeks or a poor final response.