Your Rights with Debt Collectors: Contact, Visits and Complaints

A collection letter or call can be worrying. Check who is contacting you, what is owed and whether there is a legal deadline before deciding how to respond.

We understand the fear involved in this situation, and because of this, it is important to know exactly what debt collectors can and cannot do when chasing you for a debt.

In this article, we will cover:

• What debt collectors can do.
• What debt collectors are not allowed to do.
• What should you do if a debt collector crosses the line?
• A step-by-step guide to submitting a debt collector complaint.

What are their rights?

These points concern ordinary debt collectors. Bailiffs and enforcement agents have different powers, and the rules depend on the type of debt and part of the UK.

Initial Contact:

For regulated consumer credit collection, contact must be at reasonable times and firms must consider your reasonable preferences. There is no universal FCA rule allowing calls only between 8am and 9pm. Explain suitable times and methods in writing.

Debt Collector Visits:

A doorstep collector may ask for payment but cannot force entry or seize your belongings. You do not have to invite them in. FCA rules normally require notice of a visit and consideration of reasonable requests about when and where contact takes place.

A collector must protect your privacy and avoid inappropriate workplace contact. It may communicate with an authorised representative, but should not disclose your debt to neighbours, colleagues or relatives without a proper basis.

A collector cannot simply gain access to your bank account because you do not reply. Court enforcement against funds is a separate process; a bank’s right of set-off and statutory recovery powers also have their own rules.

Check liability, enforceability and affordability before paying. If you negotiate a reduced settlement, obtain written acceptance of the amount as full and final settlement, including what happens to the remaining balance, before sending money.

A creditor may assign a debt or instruct another collector. A collection agency cannot sell a debt it does not own merely because it has failed to collect it.

What should you do if the debt collector crosses the line? 

If you believe that a debt collector is harassing you and breaking the laws set out for them, it is crucial that you report them. 

Reporting debt collector harassment can be terrifying, especially when you don’t know if they are truly in the wrong. However, so many people in the UK will be in this same situation, and it is important to know when you are being treated unfairly and stand up for yourself.

The process of making a debt collector harassment complaint can be split into three stages:

1. Gather evidence of harassment.
2. Make a complaint to the creditor/debt collection company.
3. Escalate through the appropriate complaint route.

Step One: Gather Evidence 

The first thing you should do is gather all the evidence you can to prove that a debt collector has harassed you.

To do this, you should:

• Download call logs showing creditors have frequently called you, particularly when you asked them not to or outside their usual working hours.
• Gather witness statements.
• Collect photos or video evidence that they have frequently come to your home.

Step Two: Send Evidence to Collection Agency

Send the firm a clear account of the conduct you dispute, copies of relevant evidence and the outcome you are seeking. Keep originals safely.

You are well within your rights to ask them to stop, and you may also make specific requests about how you would prefer to be contacted in the future.

At this stage, it is hoped that any debt collector harassment will stop. But if it doesn’t, you should proceed to step three…

Step Three: Escalate an Unresolved Complaint

Complain to the firm first and keep copies and call logs. For an eligible regulated financial complaint, you can normally approach the Financial Ombudsman Service after a final response or after eight weeks without one, usually within six months of the final response. The Ombudsman can require a remedy or compensation; it does not impose regulatory fines. Tax, council and other non-credit debts may have different complaint routes.

The Financial Ombudsman resolves eligible individual complaints and can require remedies. The FCA supervises firms but does not decide your individual complaint or award compensation.

You can report relevant conduct to the FCA or a trade body, but this does not replace the correct individual complaint route or extend a court deadline.

The official complaints procedures for each can be found on their website. It is crucial to keep all of the evidence you have collected (particularly original copies of any paper evidence) in case you need to complain to these groups.

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What should you not say to debt collectors?

Do not give payment details or sensitive information to an unexpected caller. Hang up and contact the organisation through details you find independently on its official website. Once you have verified it, reasonable identity checks protect your privacy: a genuine collector should check that it is speaking to the right person before disclosing account details. Ordinary collectors do not need a bailiff warrant merely to ask for payment, and presenting an identity card does not give them seizure powers.

What should you ask a debt collector when they are at your door?

You should ask who they are collecting the debt for and what the debt is in reference to. You may request a full breakdown on paper through your letterbox or through an open window – you do not have to open the door for them. 

How long can a debt be chased for?

Credit reporting and legal enforcement have separate time limits. Defaults are normally recorded for six years from the default date; not every debt, such as ordinary council tax arrears, is routinely reported as a credit account. For many unsecured debts in England and Wales, the usual limitation period is six years from the relevant cause of action, not simply the last phone call. A payment, qualifying written acknowledgement or court proceedings can affect the position. Scotland usually has a five-year prescription period for many ordinary debts, with different rules and exceptions. Court judgments, secured debts and some tax debts require separate advice. Get free debt advice before paying or acknowledging an old debt; do not ignore court papers.

Is it okay to ignore a debt collector?

You do not have to answer an unexpected call. Check a genuine demand through verified contact details, dispute errors in writing and seek help if it is unaffordable. Respond to court papers within their deadlines; a general complaint or proof request is not a defence form.

References:

• Financial Ombudsman: https://www.financial-ombudsman.org.uk/consumers/how-to-complain
• Financial Conduct Authority: https://www.fca.org.uk/
• https://www.stepchange.org/debt-info/debt-collection/home-visits-from-debt-collectors.aspx