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Creditor Harassment: Know Your Rights and Stop the Calls

Written by Jessica on . Posted in News.

Are You Being Harassed by Creditors?

Persistent calls, threatening letters, messages at work, texts at all hours — creditor and debt collector contact can quickly cross from legitimate communication into harassment. If you are feeling intimidated, distressed, or overwhelmed by the way a creditor or debt collection agency is treating you, it is important to know that there are clear legal limits on what they are permitted to do, and formal routes to make them stop.

This guide explains your rights, what legally constitutes harassment, and the concrete steps you can take to put an end to it.

The Legal Framework — FCA Regulation

All debt collectors and creditors operating in the UK are regulated by the Financial Conduct Authority (FCA). The FCA’s Consumer Duty and its debt collection guidance set out strict rules about how creditors and debt collectors must behave. These rules apply whether the debt is being chased by the original lender or by a third-party debt collection agency.

In summary, creditors and collectors must:

  • Treat you fairly and with respect at all times
  • Not use aggressive, threatening, or misleading tactics
  • Not contact you at unreasonable times or frequencies
  • Not communicate with you in a way designed to intimidate or confuse
  • Give you accurate information about the debt, your rights, and what they can and cannot do
  • Stop contacting you if you have requested contact only in writing

Breaching these rules is not just bad practice — it can result in formal regulatory action against the creditor and, in some cases, provides you with grounds for a legal complaint that can lead to compensation.

What Counts as Creditor Harassment?

Not all aggressive communication is technically illegal, but certain behaviours clearly cross the line. Harassment by a creditor or debt collector can include:

  • Excessive contact: Calling multiple times a day, every day, or calling very early in the morning or late at night. While there is no fixed legal limit on calls, the FCA expects contact to be proportionate. Calling more than two or three times a day is likely to be considered excessive.
  • Ignoring your requests: If you have asked a creditor in writing to stop calling and to communicate only in writing, they must comply. Continuing to call after this constitutes harassment.
  • Contacting you at work: If you have told a creditor that you cannot take personal calls at work or that contact there is inappropriate, they should stop.
  • Contacting third parties: Discussing your debt with family members, employers, neighbours, or anyone other than you (or your authorised representative) without your consent is a serious breach.
  • Threats of action they cannot take: Threatening to take legal action they are not actually able to take, or implying consequences that are not real, is illegal. Common examples include falsely suggesting a debt collector has the same powers as a court bailiff, or threatening imprisonment for non-payment of non-criminal debts.
  • Misrepresentation: Claiming to be a solicitor, a court officer, or a bailiff when they are not is a criminal offence under the Administration of Justice Act 1970.

Know the Difference: Debt Collectors vs Bailiffs

Many people are confused about the difference between a debt collector and a bailiff (officially called an enforcement agent). They have very different powers.

A debt collector is a company or individual who contacts you on behalf of a creditor to request payment. They have no special legal powers. They cannot enter your home without your permission, cannot seize your belongings, and cannot threaten entry. If a debt collector turns up at your door, you are under no obligation to let them in.

A bailiff (enforcement agent) is appointed by a court and has specific legal powers — but only in relation to specific types of debt (council tax, county court judgments, fines) and only after a court has issued the relevant order. Even then, their powers are limited and regulated. They must give advance notice, cannot force entry on a first visit for most types of debt, and cannot take certain protected items.

If a debt collector claims to have powers they do not have — including claiming to be a bailiff when they are not — this is illegal and should be reported immediately.

How to Document Harassment

If you believe you are being harassed, documentation is essential. Keep a detailed log of every contact:

  • Date and time of each call or visit
  • The name of the person who contacted you and the company they represent
  • What was said — note the exact wording of any threats
  • Whether you requested they stop or change their method of contact

Save any written correspondence — letters, emails, texts — without deleting anything. This evidence will support your complaint if you need to escalate.

How to Request Communication in Writing Only

If you want telephone contact to stop, write to the creditor or debt collection agency (not just say it over the phone) and state clearly that you require all future communication to be in writing only. Send this by recorded post or email so you have proof of delivery and the date. Once this request has been received, any further phone calls constitute a breach of FCA rules.

How to Make a Formal Complaint

If harassment continues after you have requested it stops, follow these steps:

  1. Complain to the company directly. Most regulated creditors have a formal complaints procedure. Lodge a written complaint, referencing specific dates and incidents. They must acknowledge your complaint and respond within eight weeks.
  2. Escalate to the Financial Ombudsman Service. If the company does not resolve your complaint satisfactorily within eight weeks, you can refer it to the Financial Ombudsman Service (FOS) free of charge. The FOS can require the company to apologise, change its behaviour, and pay you compensation.
  3. Report to the FCA. The FCA does not investigate individual complaints but records complaints and takes enforcement action against firms with patterns of poor conduct. Reporting to the FCA adds to this record.

Practical Steps to Reduce Contact Now

While you pursue a formal complaint, these practical measures can help reduce the volume of contact immediately:

  • Use a call-blocking app or your phone’s built-in blocking feature to block specific numbers
  • Register your number with the Telephone Preference Service (TPS) — though this only applies to unsolicited marketing calls, not debt collection calls
  • If you have a formal debt solution in place (such as an IVA or DRO), your IP or the Insolvency Service will notify creditors — legally, they must then stop contact about included debts
  • Consider Breathing Space — the government’s Debt Respite Scheme — which legally requires creditors to stop contact for 60 days while you get debt advice

Find Out What Options Are Available to You

Everyone’s situation is different. Use our free fact-finder to see which debt solutions you may be eligible for — no obligation, no commitment.

Check Your Options Now

For free, impartial debt advice you can contact Money Helper at moneyhelper.org.uk

The information on this page is for general guidance only and does not constitute financial advice. Always seek independent professional advice before making a decision about a debt solution.