Debt & Enforcement

Your Rights When You're in Debt

Owing money does not strip you of legal protection. Harassment by creditors is a criminal offence, court procedures give you the chance to respond before anything is enforced, and the Breathing Space scheme can freeze interest and enforcement while you get advice. Bailiffs operate under strict statutory limits — including, since 2026, a 14-day minimum notice — and very old debts usually cannot be enforced at all.

Last updated: 2026-07-30

Your Rights

Freedom From Harassment

It is a criminal offence for a creditor or debt collector to harass you with demands whose frequency or manner are calculated to subject you or your household to alarm, distress or humiliation, or to falsely imply court action or official authority. FCA rules add further conduct standards for regulated firms.

Administration of Justice Act 1970, s.40; FCA Consumer Credit sourcebook (CONC 7)

A Court Process You Can Answer

Before most consumer debts can be enforced, the creditor must issue a county court claim you can admit, defend or negotiate. If a default judgment was entered when you never received the claim, the court must set it aside where it was wrongly entered and may set it aside where you have a real prospect of defending.

Civil Procedure Rules 1998, Part 13 (rr.13.2–13.3)

Breathing Space: 60 Days Without Enforcement

A debt adviser can place you in the statutory Breathing Space moratorium: for up to 60 days creditors cannot take enforcement steps on included debts, cannot contact you about them and cannot add interest or charges. Applying is free.

Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (SI 2020/1311), reg 7

A Mental Health Crisis Moratorium

If you are receiving mental health crisis treatment, the same protections apply for the whole length of your treatment plus another 30 days — however long that takes.

Debt Respite Scheme (Breathing Space) Regulations 2020 (SI 2020/1311), Part 3

Strict Limits on Bailiffs

Enforcement agents must give at least 14 clear days' written notice before taking control of goods — extended to at least 28 days if a debt adviser requests it — may not act before 6am or after 9pm, cannot force entry for ordinary consumer debts, and must leave you essential household items and tools of the trade up to £1,350.

Tribunals, Courts and Enforcement Act 2007, Sch 12; Taking Control of Goods Regulations 2013 (SI 2013/1894), regs 6 and 13

Old Debts Become Statute-Barred

A simple contract debt (credit card, loan, catalogue) cannot be pursued through court once six years have passed without a payment, a written acknowledgment from you, or a court claim. The debt still exists, but FCA rules stop regulated firms demanding payment after you state it is statute-barred; mortgage shortfall capital has a 12-year limit.

Limitation Act 1980, s.5

Common Myths

Myth

Debt collectors can enter your home and take your things.

Reality

Ordinary debt collectors have no more rights than anyone else — they cannot enter or seize anything. Only court-authorised enforcement agents can take control of goods, after 14 clear days' notice, and you usually do not have to let them in.

Myth

You can be sent to prison for consumer debt.

Reality

Credit cards, loans and utility arrears are civil matters — imprisonment is not a remedy. Custody arises only in narrow, deliberate-refusal cases involving certain debts such as magistrates' court fines or, rarely, council tax.

Myth

Once a debt is statute-barred it vanishes, so a small token payment does no harm.

Reality

The opposite: any payment or written admission restarts the six-year limitation clock. The debt itself never disappears — it just becomes unenforceable through the courts once the conditions are met.

Myth

Ignoring a county court claim form makes it go away.

Reality

Ignoring it hands the creditor a default judgment, which stays on the register for six years and unlocks enforcement. Respond by the deadline — and if you never received the claim, apply to set the judgment aside.

Myth

Bailiffs can turn up at any hour and push past you.

Reality

Enforcement agents may not take control of goods before 6am or after 9pm, cannot enter by force for consumer debts, and must show identity and authorisation when asked.

What To Do

Sort Debts Into Priority Order

Deal first with priority debts — rent or mortgage arrears, council tax, energy and court fines — because they carry the harshest consequences (eviction, disconnection, enforcement). Credit cards and loans come second, however loudly collectors shout.

Get Free, Independent Advice

Contact National Debtline, StepChange or Citizens Advice before paying for any 'debt solution'. Free advisers can negotiate, check paperwork and access statutory schemes for you.

Ask About Breathing Space

If you need time, ask a debt adviser to apply for the 60-day Breathing Space moratorium (or the mental health crisis version). It is free and freezes interest, charges and enforcement on included debts.

Always Answer Court Papers

Reply to any claim form by the deadline — admit, defend or propose instalments. Paying a judgment in full within one month removes it from the register; if you never received the claim, apply to set the judgment aside.

Check Whether Old Debts Are Statute-Barred

Before acknowledging or paying anything on a debt you last touched years ago, check the six-year position with an adviser — a payment or written admission resets the clock.

Complain About Misconduct

Harassment or unfair collection: complain to the firm, escalate to the Financial Ombudsman for FCA-regulated creditors, and report bailiff breaches to the creditor and the court that issued the warrant.