Your Rights as a Debtor
If you owe money and are struggling to pay, you have important legal rights. Creditors and debt collectors must follow strict rules, and there are legal protections against harassment, unfair enforcement, and excessive charges. Understanding your rights can help you manage debt and avoid losing your home.
Last updated: 2026-03-01
Your Rights
Right to Not Be Harassed
Creditors and debt collectors must not harass, threaten, or mislead you. The Protection from Harassment Act 1997 and FCA debt collection guidelines prohibit excessive contact, threatening language, discussing your debt with third parties, or pretending to be bailiffs.
Right to a Breathing Space
The Debt Respite Scheme ('Breathing Space') gives you legal protection from creditor action for 60 days while you get debt advice. During this period, enforcement action is paused, interest and charges are frozen, and creditors cannot contact you.
Right to Challenge Bailiff Action
Bailiffs (enforcement agents) must follow strict rules. They must give 7 days' notice before their first visit, cannot force entry to your home on a first visit (except for criminal fines or tax debts), cannot take essential household items, and must carry valid authorization.
Right to Set Aside a CCJ
If a County Court Judgment (CCJ) was entered against you and you did not receive the claim form, or you have a real prospect of successfully defending the claim, you can apply to have the CCJ set aside.
Right to Debt Solutions
You have access to formal debt solutions: Individual Voluntary Arrangement (IVA), Debt Relief Order (DRO — debts under £30,000, assets under £2,000), or bankruptcy. Each has different eligibility criteria and consequences.
Common Myths
Bailiffs can force their way into my home at any time
Bailiffs cannot force entry on a first visit to collect most debts. They can only use reasonable force to enter on subsequent visits, and only through doors (not windows). They can never force entry for council tax arrears on a first visit.
Going bankrupt means I lose everything
In bankruptcy, you keep essential household items, tools of your trade, and a reasonable amount of clothing. Your home may be at risk but there are protections, especially if you have children.
What To Do
Get Free Debt Advice
Contact StepChange, National Debtline, or Citizens Advice for free, confidential debt advice before making any decisions.
Apply for Breathing Space
Ask a debt adviser to apply for Breathing Space on your behalf to pause enforcement action for 60 days.
Challenge Unfair Enforcement
If bailiffs act unlawfully, make a formal complaint to the creditor, the bailiff company, and if necessary, apply to court.
Key Legislation
- Insolvency Act 1986
- Tribunals, Courts and Enforcement Act 2007
- Protection from Harassment Act 1997
- Debt Respite Scheme Regulations 2020
Useful Contacts
Frequently asked questions
- Can a debt collector harass me or talk to my family about my debt?
- Under the Protection from Harassment Act 1997 and FCA guidelines, creditors and debt collectors are prohibited from harassing, threatening, or misleading you. This includes making excessive contact, using threatening language, discussing your debt with third parties, or pretending to be bailiffs. You have legal protections against these unfair enforcement practices.
- What is a Breathing Space and how long does it last?
- The Debt Respite Scheme, known as 'Breathing Space', provides legal protection from creditor action for 60 days while you receive debt advice. During this period, enforcement action is paused, interest and charges are frozen, and creditors are not allowed to contact you. You can ask a debt adviser to apply for this on your behalf.
- Can bailiffs force their way into my house?
- Bailiffs cannot force entry to your home on their first visit for most debts, except for criminal fines or tax debts. They must give seven days' notice before their first visit and cannot take essential household items. On subsequent visits, they may use reasonable force to enter through doors, but never through windows.
- How can I challenge a County Court Judgment (CCJ) against me?
- You can apply to have a County Court Judgment (CCJ) set aside if you did not receive the claim form or if you have a real prospect of successfully defending the claim. This process is governed by the Civil Procedure Rules, Part 13, allowing you to challenge the judgment under specific circumstances.
- Do I lose all my possessions if I go bankrupt?
- In bankruptcy, you do not lose everything. You are allowed to keep essential household items, tools of your trade, and a reasonable amount of clothing. While your home may be at risk, there are specific protections in place, particularly if you have children, to ensure you retain necessary assets.