Debt Collectors Keep Contacting You
Debt collectors — either acting on behalf of a creditor or as a debt purchaser — are contacting you repeatedly about a debt. This page explains the FCA rules that govern their conduct, how to check whether the debt is genuinely owed and legally enforceable, and what to do if you are being harassed.
Quick Answer
Debt collectors must comply with FCA Consumer Credit sourcebook (CONC) rules. They cannot harass you, contact you at unreasonable times, misrepresent their legal powers, or threaten action they cannot take. Before paying anything, check (1) whether the debt is yours, (2) whether it is statute-barred (6 years since last payment or written acknowledgment), and (3) whether the collector has a valid Notice of Assignment.
Full Explanation
When a creditor sells a debt to a debt purchaser, it transfers the legal right to collect that debt by assignment. For the debt purchaser (or their agent, a debt collection agency) to have the right to collect, a valid legal assignment must have taken place under s.136 of the Law of Property Act 1925. You should receive a Notice of Assignment informing you that the debt has been sold and to whom. If no valid notice was given, the assignment may not be effective at law.
FCA rules in the Consumer Credit sourcebook (CONC 7) govern the conduct of creditors and debt collectors pursuing arrears and defaults. CONC 7.9.4 lists specific prohibited behaviours including: contacting you at times you have asked them not to; contacting you at your workplace when told not to; sending letters that appear to be official court documents or legal notices when they are not; threatening legal action that cannot lawfully be taken; failing to comply with your request to correspond only in writing; and pursuing debts that the collector knows or suspects to be statute-barred.
A debt becomes statute-barred when no payment has been made and no written acknowledgement of the debt has been given for six years (Limitation Act 1980 s.5 for simple contract debts, 12 years for specialty debts under s.8). Once statute-barred, the creditor cannot obtain a court judgment — the limitation period is a complete defence. Crucially, any payment or written acknowledgement resets the clock. Do not make even a small 'goodwill' payment or write to acknowledge the debt if you believe it may be statute-barred.
Under the Administration of Justice Act 1970 s.40, it is a criminal offence to use threatening or other conduct with the intent of coercing a person to pay a debt that they claim in good faith is disputed or not owed. This criminalises some debt collector behaviour.
If you are in financial difficulty and struggling with multiple debts, the Breathing Space scheme (Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2021) provides a 60-day moratorium during which creditors cannot take enforcement action or add interest. Access through StepChange or another debt adviser.
For complaints about debt collector misconduct, the Financial Ombudsman Service (FOS) handles complaints against FCA-regulated firms. FOS decisions are binding on the firm and can award compensation for distress and inconvenience.
Legal Basis
- §FCA Consumer Credit sourcebook (CONC 7) — FCA rules governing the conduct of creditors, owners, and debt collectors in relation to arrears, defaults, and recovery — including prohibited behaviours and requirements for fair treatment.
- §Limitation Act 1980, s.5 — Sets the 6-year limitation period for simple contract debt claims — once expired, the creditor cannot obtain a court judgment, though the debt is not extinguished.
- §Administration of Justice Act 1970, s.40 — Creates a criminal offence of using harassment or threats to coerce payment of a disputed debt.
- §Law of Property Act 1925, s.136 — Governs the legal assignment of debts — for an assignment to be effective at law, written notice must be given to the debtor.
What To Do
Request Proof of Debt — Notice of Assignment and Credit Agreement
Write to the debt collector requesting: (1) a copy of the Notice of Assignment showing the debt was validly sold to them; (2) a copy of the original credit agreement under the Consumer Credit Act 1974 s.77–79; and (3) a full statement of account showing how the balance was calculated. While you have made this request, the collector must cease collection activity until they provide the documents.
Check Whether the Debt Is Statute-Barred
Establish when you last made a payment or sent a written acknowledgement of the debt. If it was more than six years ago (for a simple contract debt), the debt is likely statute-barred under the Limitation Act 1980 s.5. You do not owe nothing — the debt technically exists — but the creditor cannot obtain a court judgment. Write to state that you believe the debt is statute-barred and that you will be relying on this as a defence to any court proceedings.
Complain to the FOS if the Collector Is Harassing You
If the debt collector is contacting you excessively, using intimidating language, misrepresenting their authority, or continuing to pursue a statute-barred debt, file a complaint with the firm first. If they do not resolve it within eight weeks (or give a final response you disagree with), escalate to the Financial Ombudsman Service at financial-ombudsman.org.uk. FOS decisions are binding and can award compensation for distress.
Request Breathing Space If in Financial Difficulty
If you are genuinely unable to pay your debts, contact StepChange (0800 138 1111) or another regulated debt adviser. They can apply for Breathing Space on your behalf — a 60-day moratorium that stops creditors from adding interest, charges, or taking enforcement action while you get debt advice and make a plan. The moratorium is free and available to anyone.
Important Deadlines
Important Warnings
Any payment — even a nominal sum — or any written acknowledgement of the debt resets the 6-year limitation clock from the date of payment or acknowledgement. Do not pay or acknowledge a potentially statute-barred debt without taking advice.
Debt collectors may use intimidating language and imply they have legal powers they do not have (for example, implying bailiffs can attend when no court order exists). They cannot send bailiffs or seize goods without first obtaining a court judgment and then a warrant of control from the County Court.
Paying a debt that is genuinely statute-barred does not make it a good debt — but it may affect your credit file differently. Take advice before paying old debts.
Frequently asked questions
- What are the rules debt collectors must follow when contacting me?
- Debt collectors must follow FCA rules that prohibit harassment, contacting you at unreasonable times, or misrepresenting their legal powers. They cannot send letters disguised as court documents or threaten legal action they cannot lawfully take. If you request correspondence only in writing, they must comply. Pursuing a debt they know or suspect is statute-barred is also prohibited under these regulations.
- How do I know if a debt is statute-barred?
- A debt becomes statute-barred if no payment has been made and no written acknowledgement has been given for six years for simple contract debts. Once this period passes, the creditor cannot obtain a court judgment. However, the debt technically still exists. Crucially, making any payment or sending a written acknowledgement resets the six-year clock, so you should avoid doing either if you believe the debt is time-barred.
- What is a Notice of Assignment and why is it important?
- When a creditor sells a debt, a valid legal assignment must occur under the Law of Property Act 1925. You should receive a Notice of Assignment informing you the debt has been sold and to whom. If no valid notice was given, the assignment may not be effective at law. You can request this notice along with the original credit agreement and a full account statement from the collector.
- What is Breathing Space and how can it help me?
- If you are struggling with multiple debts, you can apply for Breathing Space through a debt adviser like StepChange. This provides a 60-day moratorium during which creditors cannot take enforcement action or add interest. The scheme is free and available to anyone in England and Wales, allowing you time to get debt advice and make a repayment plan.
- How can I complain if a debt collector is harassing me?
- You should first file a complaint with the debt collection firm. If they do not resolve the issue within eight weeks or you disagree with their final response, you can escalate the matter to the Financial Ombudsman Service. FOS decisions are binding on the firm and can award compensation for distress and inconvenience caused by the collector's misconduct.