A debt collector is contacting me every day, is this legal?
Quick Answer
No. The Financial Conduct Authority's Consumer Credit sourcebook and the FCA's debt collection guidance prohibit harassment, oppressive contact, and misleading tactics by debt collectors. You can complain to the FCA and the Financial Ombudsman Service.
Debt collection firms regulated by the Financial Conduct Authority (FCA) must comply with the Consumer Credit sourcebook (CONC) and the FCA's debt collection guidance. Under these rules, debt collectors must not harass debtors, use oppressive or aggressive tactics, make misleading statements, or contact debtors at unreasonable times or with unreasonable frequency.
Specifically prohibited behaviour includes: contacting you excessively or at inappropriate times (before 8am or after 9pm); refusing to deal with you through a representative or debt advice organisation; failing to stop contact when asked (in cases where a debt advice organisation has requested it); threatening legal action that they are not prepared to take or cannot take; misleading you about the nature or status of the debt; and using threatening language.
If you are being harassed, you should: (1) write to the debt collector formally asking them to limit contact to writing only — once this is requested, they should comply; (2) lodge a formal complaint with the debt collection firm; (3) if the complaint is not resolved in eight weeks, escalate to the Financial Ombudsman Service (FOS), which is free; (4) report the conduct to the FCA.
If the debt collector is a bailiff (enforcement agent) rather than a simple debt collection firm, different rules apply and you should check their credentials carefully. Private debt collectors have no special legal enforcement powers — only court-appointed bailiffs or High Court Enforcement Officers have enforcement rights.
Keeping records of every call, text, and letter (with dates and times) is essential for any complaint.
Relevant legislation
- • FCA Consumer Credit sourcebook (CONC)
- • Consumer Credit Act 1974
- • Protection from Harassment Act 1997
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