Debt Collection Harassment: Your Rights and How to Stop It

Three main statutory regimes regulate debt collection conduct:

• Section 40 of the Administration of Justice Act 1970 makes it a criminal offence to harass a debtor. The offence applies to anyone who, with the purpose of inducing payment, harasses the debtor with demands for payment which by reason of their frequency or manner are calculated to subject the debtor to alarm, distress or humiliation; or who falsely represents that proceedings have been initiated; or who falsely represents that they have authority they do not have. Maximum penalty: 6 months' imprisonment or a fine.
• FCA CONC 7 (Arrears, default and recovery) applies to all FCA-regulated firms collecting consumer credit debts. It requires fair treatment, proportionate communication, recognition of financial difficulty, and prohibition on harassing conduct.
• UK GDPR and Data Protection Act 2018 give you rights against unfair processing of your personal data — including unwanted communication after you have asked the creditor to stop.

Examples of behaviour that crosses the line:

• Calling repeatedly in the same day, week, or month, beyond what is reasonable to settle the debt.
• Calling outside reasonable hours (typically 8am-9pm; never on Sundays or bank holidays without warning).
• Contacting your employer about the debt, except to enforce a court-ordered attachment of earnings.
• Contacting neighbours or family members about the debt (other than to ask for forwarding contact details).
• Threatening criminal prosecution where the debt is purely civil.
• Misrepresenting the status of the debt — saying it has been sent to a "specialist legal team" when it has not, or claiming "imminent" court action that is not imminent.
• Pretending to be a bailiff, lawyer, or court official — this is fraud under the Fraud Act 2006.
• Refusing to accept reasonable payment plans, despite the FCA Consumer Duty requirement to consider forbearance.
• Continuing to chase a debt after a Breathing Space order has been made.
• Continuing to chase after you have notified the creditor of vulnerability.

You have:

• The right to communication in writing only — write to the creditor stating "Please conduct all future communication in writing only — do not call me, my workplace, or my family." This is also a data protection request under UK GDPR. Failure to respect is a CONC breach and a data protection breach.
• The right to a payment plan based on what you can afford — the creditor cannot insist on more than your income reasonably allows after essential outgoings.
• The right to Breathing Space — 60 days of legal protection from creditor action while you get free debt advice.
• The right to recognise vulnerability — if you have a mental health condition, severe illness, or other vulnerability, the creditor must adjust their approach. Tell them in writing.
• The right to dispute the debt — request the original credit agreement under section 77/78 Consumer Credit Act 1974. If they cannot produce it, the debt may be unenforceable.
• The right to compensation — FOS awards for harassment typically £150-£500; serious cases £1,500-£3,000.

Step-by-step:

1. Keep a log — date, time, who called, what they said, what you said. Calls, texts, emails, letters. This is your evidence.
2. Write to the creditor — by recorded delivery or email — stating the specific behaviour, asking for it to stop, and reminding them of the relevant CONC rule. Templates at National Debtline.
3. Make a formal complaint if behaviour continues — most regulated firms must respond within 8 weeks.
4. Escalate to the Financial Ombudsman Service if you remain dissatisfied. The FOS is free for consumers, decisions binding on the firm.
5. Report to the FCA at fca.org.uk/consumers/report-firm if the firm shows a pattern of misconduct.
6. Report to the ICO at ico.org.uk if there is misuse of your personal data.
7. Call the police if behaviour amounts to a criminal offence under section 40 AJA 1970 or the Fraud Act 2006. Particularly if a "bailiff" turned up at your door who has no warrant.

Where harassment is established:

• The Financial Ombudsman Service can order the firm to: stop the behaviour, refund any fees or charges, pay compensation for distress (typically £150-£500; serious cases up to £3,000), and write off all or part of the debt in extreme cases.
• The court in a civil claim for harassment under the Protection from Harassment Act 1997 can award damages including for distress and reasonable costs.
• The ICO can fine firms up to £17.5 million or 4% of global turnover for serious data protection breaches.
• The FCA can fine the firm, restrict its permissions, and (in severe cases) revoke authorisation.

Many people find that the threat of FOS escalation is enough — firms know that FOS upholds harassment complaints frequently and the case fee (£650 per case) makes refusing to settle costly for them. Often a polite but firm letter referencing CONC 7 and noting that you intend to escalate to FOS resolves the issue within days.