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Being contacted repeatedly about a debt can be upsetting and overwhelming. This guide explains the difference between acceptable contact and harassment, and shows you what you can do to protect yourself if a creditor starts acting unfairly. Use this guide to:

  • understand what harassment is;
  • understand how the Financial Conduct Authority’s rules and guidance can help you;
  • find out how to make a complaint; and
  • get advice about other options for dealing with harassment from creditors and debt collectors.

The sample letter mentioned in this guide can be filled in on our website.

What is harassment?

Not all contact from a creditor is harassment. If you do not pay your debts, your creditors are allowed to ask you to pay and to remind you to pay from time to time. This is normal contact and will not usually count as harassment. However, creditors must follow the law and must not act in a way that is unfair or aggressive. If their behaviour goes beyond normal contact, it may count as harassment.

What may count as harassment by creditors?

Whether behaviour counts as harassment depends on the circumstances. This includes how often contact happens and how it affects you. Examples of harassment may include a creditor:

  • contacting you too frequently or at unreasonable times;
  • pressuring you to pay amounts you cannot afford or to pay within an unreasonably short time;
  • making you think court action has been taken when it hasn’t;
  • ignoring a dispute you raise over whether you owe the money;
  • sharing information about your debt with other people, or threatening to do so; or
  • continuing to chase payment despite knowing that your mental health makes it hard for you to deal with debt.

The sections below explain the rules creditors must follow and what you can do if you believe their behaviour is unfair or unlawful.

Financial Conduct Authority rules

The Financial Conduct Authority (FCA) is the UK regulator for companies that offer consumer credit. This includes banks, credit card companies, payday lenders, law firms, debt collectors and tracing agents.

The FCA Handbook contains rules and guidance that authorised firms must follow. These include:

  • the Consumer Duty; and
  • the Consumer Credit sourcebook.

Search the Financial Services Register to see if your company is authorised. You can search using the company’s name or its postcode.

Consumer Duty

The FCA’s Consumer Duty sets a high standard for consumer protection by requiring UK firms to deliver good outcomes for customers. The Consumer Duty requires that firms should:

  • act in good faith;
  • avoid causing foreseeable harm; and
  • enable and support customers to pursue their financial goals.

If you feel that a firm’s behaviour is unfair or breaks the rules, you can make a complaint to the company. When you do this, you can explain that you believe their actions do not meet their obligations under the Consumer Duty.

For examples of actions that may go against the Consumer Duty, see the section Unfair or improper business practices. For information on making a complaint, see the section Dealing with harassment by creditors.

Complaining about something that happened before 31 July 2024

If you are complaining about an incident that happened before 31 July 2024, the Consumer Duty will only apply if:

  • your complaint is about something that happened on or after 31 July 2023; and
  • at the time of the incident, the product or service you are complaining about could be renewed or was available to new customers.

Since 31 July 2024 the Consumer Duty also applies to any closed (unrenewable, unavailable or now withdrawn) products and services which you are being asked to pay.

Consumer Credit sourcebook

If you think that a company trying to collect a debt from you is behaving in an unacceptable way, you can use the Consumer Credit sourcebook (CONC) to help you make a complaint to that company. You can also use it if you decide to complain to the Financial Ombudsman Service (FOS).

In CONC, the FCA sets out activities and behaviour that it considers to be unfair or improper business practices. The rules and guidance say that creditors should:

  • treat you fairly;
  • be clear about what they are doing; and
  • give you ‘reasonable’ time to repay your debts. What is reasonable will depend on your circumstances. Your creditors may still refuse your offers without breaking the rules or guidance.

See the full rules and guidance on the FCA website, or contact us for advice.

Unfair or improper business practices

The FCA says that the following practices are considered unfair or improper.

Communication

The FCA says:

“A firm must…communicate information…in a way which is clear, fair and not misleading.”

Principles for Businesses (Principle 2A in Consumer Duty cases, Principle 7 for other cases)

This includes:

  • sending letters that look like court claims;
  • not making it clear who the company is or what their role is;
  • using unhelpful legal language;
  • not giving balance statements about the debt when asked;
  • not letting you know the outcome if you have disputed or queried the debt;
  • contacting you at unreasonable times even when asked not to; and
  • asking you to contact them on premium rate phone numbers.

What this means for you

Creditors must communicate with you clearly and honestly. You should be able to understand who is contacting you and why they are contacting you. Creditors should not use confusing legal language or misleading documents. If letters, calls or messages feel deliberately unclear, this may be unfair behaviour.

False representation of authority

The FCA says:

“When contacting customers, a firm must not misrepresent its authority or its legal position with regards to the debt or debt recovery process.”

Consumer Credit sourcebook (CONC) 7.11.1

This includes:

  • claiming to work for the court or be a bailiff;
  • making you think action can be taken that is not legally possible. For example, that they could take your property, enter your home or enforce a judgment without having authority;
  • using a business name or logo that leads you to think they are a government body, a court or a solicitor;
  • leading you to believe that court action has been taken against you when it hasn’t;
  • leading you to believe that not paying your debt is a criminal offence; and
  • threatening to take court action in England if you live in Scotland or the other way round.

What this means for you

Creditors must be clear and honest about who they are and what powers they have. They should not give you a false impression about action that has been taken. If you are misled about a creditor’s authority, this may be unfair behaviour.

Physical or psychological harassment

The FCA says:

“A firm must not pressurise a customer: (1) to pay a debt in one single or very few repayments or in unreasonably large amounts, when to do so would have an adverse impact on the customer’s financial circumstances; (2) to pay a debt within an unreasonably short period of time; or (3) to raise funds to repay the debt by selling their property, borrowing money or increasing existing borrowing.”

Consumer Credit sourcebook (CONC) 7.3.10

This includes:

  • contacting you too frequently or at unreasonable times;
  • pressurising you to sell property or take out more debt;
  • using more than one collection company at the same time or not telling you when your debt has been passed to another company;
  • not passing on a history of your debt including any payment arrangement you have;
  • pressuring you to pay in full or in large instalments you cannot afford over an unreasonably short time;
  • not giving you a reasonable time to seek advice or put forward payment proposals;
  • refusing a reasonable offer of payment from you or an adviser;
  • making threatening gestures or statements;
  • ignoring disputes about whether you owe the money;
  • trying to embarrass you in public. For example, using social networking sites or leaving inappropriate phone messages. This could also include threatening to tell a third party such as a neighbour or your family about your debts; and
  • continuing to pursue the debt where it is clear you might have mental health problems which mean you cannot deal with your debts at that time.

What this means for you

You should be given time to make a payment proposal or to get advice. You should not be rushed into decisions or pressured into paying money you cannot afford. If contact feels relentless or threatening, this may amount to harassment.

Deceptive and unfair methods

The FCA says:

“A firm must conduct its business with integrity.”

Principle 1, Principles for Businesses

This includes:

  • sending letters addressed to “the occupier” or discussing the debt with someone without knowing if they are you;
  • refusing to deal with an adviser acting on your behalf;
  • inappropriately passing your details on to debt management companies, brokers or creditors;
  • not accepting reasonable offers or passing on payments you make;
  • trying to enforce the debt if you are in a debt payment scheme such as a debt relief order or an individual voluntary arrangement;
  • refusing to freeze action or failing to investigate if you dispute the debt; or
  • trying to take larger or more frequent payments than you have agreed from your account using a continuous payment authority.

What this means for you

Creditors must act fairly and with integrity. If they deal with the wrong person, ignore your adviser, misuse your personal information, or take money you did not agree to pay, this may be considered unfair treatment.

Charging for debt recovery

The FCA says:

“A firm must not claim the costs of recovering a debt from a customer if it has no contractual right to claim such costs.”

Consumer Credit sourcebook (CONC) 7.7.2

This includes:

  • claiming collection costs when the original credit agreement didn’t allow this to happen and making you think you are legally liable for the costs;
  • not clearly stating the amount that can be added for collection costs in the original credit agreement; and
  • adding any unreasonable charges.

What this means for you

You should not be asked to pay extra charges unless these were clearly allowed for in your original agreement. If you are told you must pay collection costs without a clear legal basis, this may be unfair or misleading.

Debt collection visits

The FCA says:

“A firm must ensure that all persons visiting a customer’s property on its behalf…do not…act in a threatening manner towards a customer…”

Consumer Credit sourcebook (CONC) 7.9.14

This includes:

  • not explaining the reason for any visit and not giving you notice of the time and date they will call;
  • not visiting you if they know you are ill or vulnerable. This includes leaving if they find you are unwell or distressed;
  • not coming in to your home if you do not want them to and leaving if you ask them to; and
  • not visiting you at work or somewhere like a hospital.

What this means for you

Visits to your home should not be intimidating or unexpected. You do not have to let a debt collector into your home, and they should leave if you ask them to. Unreasonable or distressing visits may count as improper behaviour.

Statute barred debts

The FCA says:

“a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.”

Consumer Credit sourcebook (CONC) 7.15.4

If a debt is barred under statute, it means that by law (the Limitation Act 1980), the lender has run out of time to use certain types of action to try and make you pay the debt. It does not mean the debt no longer exists. The amount of time a creditor has is called a ‘limitation period’.

Different debts have different limitation periods, and this area of law can be complicated. If you think you have a debt that might be statute barred, contact us for advice. See our Statute barred debts guide for more information.

The Consumer Credit sourcebook (CONC) says that the following practices are considered unfair or improper when dealing with statute barred debts:

  • asking you to pay even if you have heard nothing from the creditor during the limitation period;
  • telling you that your creditor may take you to court when they should know that the limitation period has run out; and
  • pressing you for payment if you have told the creditor that you are not going to pay the debt because the limitation period has run out.

What this means for you

If a debt is statute barred, creditors are limited in what they can do to recover it. They should not pressure you to pay or suggest court action if the law says they are out of time. If this happens, their behaviour may be unfair.

Consumer protection laws

Consumer protection laws are designed to stop traders acting unfairly, including the use of ‘aggressive practices’.

  • Protection from unfair trading practice that occurred before 6 April 2025 is covered by The Consumer Protection from Unfair Trading Regulations 2008. For more information, see the Consumer Protection from Unfair Trading guidance on GOV.UK.
  • Protection from unfair trading practice that occurred on or after 6 April 2025 is covered by the Digital Markets, Competition and Consumers Act 2024. For more information, see the Unfair commercial practice guidance on GOV.UK.

Trading standards has the power to take enforcement action against creditors if they break the rules on consumer protection. Examples of unacceptable behaviour are:

  • a debt collector pressurising you to repay a debt by contacting you at unreasonable times such as late at night or at unreasonable locations such as your workplace; and
  • a debt collector threatening you with action, such as the use of bailiffs, to recover money for unenforceable debts.

If you think you may have a complaint about your creditor not following consumer protection laws, contact the Citizens Advice consumer helpline. See the Citizens Advice consumer helpline and Trading Standards and Useful contacts sections later in this guide.

Dealing with harassment by creditors

How to deal with harassment in three steps

If you think a creditor or debt collection agency is harassing you, there are steps you can take to try to stop the behaviour.

Step 1: Keep a record of what happens

Keep a note of phone calls, letters, messages or visits you receive. This should include dates, times and what was said or done. You should keep this record for as long as the behaviour continues. It can be important evidence if you need to complain.

Step 2: Raise the issue with the creditor

It is usually best to write to the creditor to explain your concerns. Tell them which behaviour you are unhappy with and how you want to be contacted in future. In some cases, raising the issue clearly and in writing is enough to stop the harassment.

Step 3: Take your complaint further if needed

If the behaviour does not stop, or you are not satisfied with the creditor’s response, you can take your complaint further. This will usually involve complaining to the Financial Ombudsman Service. You may also wish to report the behaviour to the FCA, or complain to a relevant trade association if the creditor is a member.

Contact the creditor

  • Write to the creditor and explain your concerns about the company’s behaviour. See the Creditor harassment warning sample letter.
  • Tell your creditor how you prefer to be contacted. Ask them to confirm their agreement to this.
  • Sending a letter by recorded delivery at this stage may avoid the need to take further action against the creditor.
  • Tell them you are aware of consumer protection laws and the FCA Consumer Credit sourcebook, and that you will consider making a complaint about their behaviour using these.
  • It is worth keeping a diary of phone calls, letters, and visits and so on. Use our Sample creditor contact diary at the end of this guide.
  • It is helpful if another person can confirm what happened, for example when the collector called at your home.
  • You may want to politely but firmly refuse to let a collector in, or not answer the phone to the collector until the problem is sorted out.

Citizens Advice consumer helpline and Trading Standards

If you want to make a complaint, you can contact the Citizens Advice consumer helpline. See Useful contacts later in this guide. They will give you advice over the phone or by email. They can put you in touch with the trading standards department in your local council if you need more detailed or face-to-face advice.

Trading standards can investigate whether an offence has been committed and whether prosecution is appropriate. The penalty is a fine of up to £5,000 in the magistrates’ court. A conviction is also likely to provide evidence that the creditor is no longer a suitable company to be authorised by the FCA.

The Financial Ombudsman Service (FOS)

You can complain to the Financial Ombudsman Service (FOS) about how a creditor or debt collection agency has behaved when dealing with your account. The service is free and independent. The FOS will look at your complaint and decide if the creditor or debt collection agency has treated you unfairly. The FOS can order the company to put things right, and even order them to pay you compensation. You must complain to your creditor or debt collection agency first.

See our Complaining about your lender guide for more information.

You can contact us for free, confidential advice if you are not sure what to do next. We can help you understand the complaints process and give you support while a complaint is ongoing. Call us on 0808 808 4000.

Financial Conduct Authority (FCA)

It may be worth contacting the Financial Conduct Authority (FCA) directly. See Useful contacts later in this guide. The FCA does not take up individual complaints, but it does collect information that can be used to take action against creditors.

The FCA has extensive powers, which include being able to:

  • withdraw a company’s authorisation;
  • stop a person working in financial services;
  • suspend a firm for up to 12 months;
  • publicise what a company has done wrong; and
  • give the company a financial penalty.

Trade associations

The creditor may be a member of a trade association with a code of practice. Find out if your creditor is a member of a trade association and contact them with your complaint. A code of practice is not legally enforceable, but the association may take some action against their members. See Useful contacts later in this guide.

Loan sharks

Loan sharks are money lenders who do not have a licence. This means they are acting illegally. They usually charge very high rates of interest and use violence or threats to make you pay.

There is a confidential hotline you can ring if you have borrowed from, or wish to report, a loan shark. It is very important that you get advice. Don’t be pressured into making payments you cannot afford. Check the information on the MoneyHelper website. See the Useful contacts section later in this guide or contact us for advice.

Other options

Blocking telephone calls and text messages

If you are finding repeated calls or messages difficult to deal with, there may be ways to limit or block contact.

Many mobile phones have settings that allow you to block calls and text messages from individual phone numbers. You may find it helpful to check your phone’s call and message settings to see what options are available.

You can also contact your mobile phone or landline provider for advice. Some providers offer call blocking services or equipment that can help reduce unwanted calls or messages. Before using any service offered by your phone provider, ask whether there is a charge and how much it will cost.

It is still important to deal with the debt and to keep the creditor informed. You may want to write to the creditor to explain your situation, raise any concerns about their behaviour, and tell them how you want to be contacted in the future.

Legal options

You could consider the following options in very serious cases of harassment or other illegal behaviour by your creditors. It is very important to get proper legal advice about these options, as they are complicated and can be costly. Contact us for advice.

Malicious Communications Act 1988

This deals with sending letters or articles for the purpose of causing ‘distress or anxiety’. If your creditor is found guilty, they can be fined in the magistrates’ court. To prosecute your creditor successfully, the letter or article sent would have to contain:

  • a message which is indecent or grossly offensive;
  • a threat; or
  • information which is false and known or believed to be false by the sender.

Section (4) (a) of the Criminal Justice Act & Public Order Act 1994

This makes it a criminal offence to deliberately cause ‘harassment, alarm or distress’ by using ‘threatening, abusive or insulting words or behaviour’. This can only be an offence if it happens in a public place, not in your own home. You would need to contact the police who would have to make a decision about whether or not to prosecute for this offence.

Protection from Harassment Act 1997

This makes it a criminal offence to harass people and put ‘people in fear of violence’. The harassment must happen on at least two separate occasions. The police would have to agree to prosecute for this offence.

Support is available

Dealing with harassment by creditors can be stressful, especially if you are already worried about money. National Debtline offers free, confidential and independent advice. We can explain your rights and the options available, so you can decide the next steps that are right for you. Call us on 0808 808 4000.

Sample creditor contact diary

Keeping a record of contact can be important if you think a creditor or debt collection agency is harassing you. Written evidence can help show how often you are being contacted, what was said or done, and whether the behaviour continued after you raised concerns.

This information can support a complaint to the creditor and may also be useful if you take the complaint further, for example to the Financial Ombudsman Service or Trading Standards.

You do not need to keep formal records. A simple diary, notebook or digital list is enough.

What to keep a record of

If you can, keep a note of:

  • the date and time of each phone call, message, letter or visit;
  • the name of the creditor or debt collection agency, and anyone you spoke to;
  • what was said or asked for, including any threats or pressure;
  • how the contact made you feel, especially if it caused distress or anxiety;
  • copies of letters, emails, text messages or voicemails; and
  • any steps you took, such as asking for contact to stop or writing to complain.

Keep this information for as long as the behaviour continues.

Use this diary to record every time your creditor contacts you, whether by phone, letter, or visit. This will help to show if you are being harassed.

Name of creditor or debt collection agencyDate and time of contactDetails of contact, for example, type of contact, what the creditor asked for and so on

FAQs

Can a creditor keep contacting me if I cannot afford to pay?

Yes, a creditor is allowed to contact you about a debt, even if you cannot afford to pay it. However, they must do so fairly and reasonably. They should not contact you too often, pressure you to pay more than you can afford, or ignore your circumstances once you have explained them. 

If contact feels excessive or distressing, you can ask the creditor to limit how and when they contact you. Continuing to pressurise you may count as harassment. 

Do I have to speak to a debt collector on the phone? 

No. You are not required to deal with a creditor or debt collector by phone if you do not want to. You can ask to be contacted in writing instead. 

If you find phone calls upsetting or difficult to manage, it may be better to communicate by letter or email. This also gives you time to think about your response and helps you keep a clear record of what has been said. 

Will complaining about harassment make the situation worse? 

Making a complaint should not make things worse. Creditors are expected to take complaints seriously and handle them fairly. In many cases, raising concerns leads to contact being reduced or behaviour improving. 

Keeping records of contact can help you feel more confident, as it gives you clear evidence of what has happened. If you are worried about complaining, you can get advice first. Call National Debtline on 0808 808 4000

Useful contacts

Citizens Advice consumer helpline Phone: 0808 223 1133 www.citizensadvice.org.uk/consumer/

Financial Conduct Authority (FCA) Regulator for financial services such as payday lenders, banks, credit companies, insurance companies and mortgage lenders. Phone: 0800 111 6768 www.fca.org.uk/

Financial Ombudsman Service For complaints about banks and other creditors. Phone: 0800 023 4567 www.financial-ombudsman.org.uk

Legal Ombudsman Organisation to contact about complaints to do with solicitors. Phone: 0300 555 0333 www.legalombudsman.org.uk

MoneyHelper Information and advice on money matters. Phone: 0800 138 7777 (English), 0800 138 0555 (Welsh) www.moneyhelper.org.uk

Stop Loan Sharks Advice on how to deal with loan sharks – unauthorised money lenders. Phone: 0300 555 2222 if you live in England or 0300 123 3311 if you live in Wales. www.gov.uk/report-loan-shark

Trade associations

Consumer Credit Association Association for home credit lenders. Phone: 0124 431 2044 www.ccauk.org

Consumer Credit Trade Association Members include banks, payday loan companies, mortgage lenders and debt collectors. Use their website to check if your creditor is a member. Phone: 0127 471 4959 www.ccta.co.uk

Credit Services Association Association for debt collection agencies. Use their website to check if your creditor is a member. Phone: 0191 217 0775 https://www.csa-uk.com

Finance & Leasing Association Association for a range of consumer lending companies. Use their website to check if your creditor is a member. Phone: 020 7836 6511 www.fla.org.uk

Complaining about your lender guide
Statute barred debts guide

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