Can I Sue Debt Collectors for Harassment? (UK)

Man stressed on phone representing debt collector harassment

Aggressive phone calls, threatening letters, visits to your home, contacting your workplace—debt collectors can make life miserable. But there are strict rules about what they can and can’t do. When they cross the line, you may be able to take legal action. This guide explains your rights and when you can sue debt collectors for harassment.

This article is for informational purposes only and does not constitute legal advice.

The Short Answer

Yes, you can sue debt collectors for harassment. If their behaviour is threatening, deceptive, or causes you distress, you may have grounds for legal action. You can also complain to the Financial Conduct Authority (FCA) and the Financial Ombudsman Service. Many people have received compensation for debt collector misconduct.

What Counts as Debt Collector Harassment?

Debt collection is regulated by the FCA and must follow strict guidelines. Harassment includes:

Contact That’s Too Frequent or Unreasonable

  • Calling multiple times per day
  • Calling at unreasonable hours (before 8am or after 9pm)
  • Continuing to call after you’ve asked them to stop
  • Contacting you at work when you’ve asked them not to
  • Visiting your home without warning or invitation

Threatening or Aggressive Behaviour

  • Using threatening language or tone
  • Implying they’ll take action they can’t legally take
  • Threatening to tell your employer, family, or neighbours about your debt
  • Threatening arrest or imprisonment (you can’t be arrested for most debts)
  • Claiming to be bailiffs when they’re not

Deceptive Practices

  • Claiming you owe more than you do
  • Adding charges or interest not in the original agreement
  • Pursuing debts that aren’t yours
  • Chasing statute-barred debts (more than 6 years old with no acknowledgment)
  • Pretending to be solicitors or court officials

Ignoring Your Circumstances

  • Refusing to consider payment plans
  • Ignoring requests to communicate in writing
  • Continuing aggressive action when you’re vulnerable (mentally ill, recently bereaved, etc.)
  • Pursuing you when you’ve told them the debt is disputed

Your Legal Rights

Protection from Harassment Act 1997

This Act makes harassment a civil wrong (and in serious cases, a crime). To constitute harassment:

  • There must be a course of conduct (more than one incident)
  • It must cause alarm or distress
  • A reasonable person would consider it harassment

Debt collection can absolutely meet this threshold if it’s aggressive and persistent.

Consumer Credit Act 1974

Debt collectors must be licensed by the FCA. Breaching FCA rules can result in fines and loss of licence. If they’re unlicensed, the debt may be unenforceable.

FCA Debt Collection Guidelines

The FCA’s Consumer Credit sourcebook (CONC) requires collectors to:

  • Treat customers fairly
  • Not use oppressive or unfair practices
  • Take account of customer circumstances
  • Provide clear information about the debt
  • Allow reasonable time to pay

Data Protection Law

Debt collectors must comply with GDPR. They can only use your data for legitimate purposes and must respond to subject access requests.

What Debt Collectors CAN’T Do

Debt collectors cannot legally:

  • Force entry to your home – Only court-appointed enforcement agents (bailiffs) with a warrant can do this, and only for specific debts
  • Take your belongings – Again, only bailiffs with proper authority
  • Arrest you – You cannot be arrested for ordinary debt (only specific debts like council tax or child maintenance in extreme cases)
  • Contact you at work repeatedly after you’ve asked them to stop
  • Tell other people about your debt – Including family, employers, or neighbours
  • Pretend to be solicitors or court officials
  • Charge excessive fees not authorised in the original agreement
  • Pursue statute-barred debts through court – Though they can still ask you to pay

How to Sue Debt Collectors

1. Document Everything

Build your evidence:

  • Keep a diary of all calls (date, time, what was said)
  • Save all letters, texts, and emails
  • Record phone calls if possible (you can record for your own use without telling them)
  • Note any witnesses to their behaviour
  • Keep evidence of distress (doctor’s notes, counselling records)

2. Write a Formal Complaint

Send a written complaint to the debt collection company, citing:

  • Specific incidents of harassment
  • FCA rules they’ve broken
  • What you want them to do (stop contact, waive charges, compensation)

3. Complain to the Financial Ombudsman

Website: www.financial-ombudsman.org.uk
Phone: 0800 023 4567

If the company doesn’t resolve your complaint within 8 weeks, you can escalate to the Ombudsman. They can award:

  • Compensation for distress and inconvenience
  • Write-off of unfair charges
  • Orders to stop certain behaviour

The maximum award is £430,000, though most awards are much smaller.

4. Report to the FCA

Report at: www.fca.org.uk

The FCA doesn’t resolve individual complaints but investigates firms breaking rules. Your report helps build a picture of misconduct.

5. Take Legal Action

If the Ombudsman route doesn’t work or you want to pursue it further:

Small Claims Court (under £10,000):

What you can claim:

  • Compensation for distress and anxiety
  • Financial losses caused by their actions
  • Refund of unfair charges
  • Legal costs (in higher courts)

Real Compensation Awards

People have successfully claimed compensation for debt collector harassment:

  • £200-500 – Typical awards for distress caused by aggressive contact
  • £1,000+ – For sustained harassment campaigns
  • £2,000+ – Where vulnerability was ignored or threats were made
  • Higher amounts – In extreme cases involving threats, deception, or serious mental health impacts

The Financial Ombudsman regularly upholds complaints against debt collectors and awards compensation.

Template: Letter to Stop Harassment

Use this template to tell debt collectors to stop harassing you:

Dear [Company Name],

RE: Account Reference [if known]

I am writing to inform you that your recent contact regarding the above account constitutes harassment under the Protection from Harassment Act 1997 and breaches the FCA’s debt collection guidelines (CONC).

Specifically, [describe the harassment – e.g., “you have called me 15 times in the past week,” “your representative threatened to send bailiffs,” “you have contacted my workplace despite my written request not to”].

I require you to:

1. Cease all telephone contact immediately
2. Contact me only in writing at the address above
3. Provide written confirmation of the original debt, including copies of the credit agreement

If harassment continues, I will:
– Report your conduct to the Financial Conduct Authority
– Complain to the Financial Ombudsman Service
– Take legal action under the Protection from Harassment Act

I expect a written response within 14 days.

Yours faithfully,
[Your name]

Statute-Barred Debts: When They Can’t Sue You

In England and Wales, most debts become “statute-barred” after 6 years if:

  • You haven’t made a payment
  • You haven’t acknowledged the debt in writing
  • No court judgment has been obtained

If a debt is statute-barred, the collector cannot sue you to recover it. They can still ask you to pay, but you have no legal obligation to do so.

Warning: If you make any payment or acknowledge the debt in writing, the 6-year clock restarts.

If You Actually Owe the Money

Your rights against harassment exist regardless of whether you owe the debt. However, if you do owe money:

  • Don’t ignore it – The problem won’t go away
  • Get debt advice – Free services can help you manage debts
  • Offer what you can afford – Collectors must consider reasonable payment plans
  • Know your priority debts – Council tax, rent, utilities come first

Free Debt Advice Services

What to Do Right Now

If you’re being harassed by debt collectors:

  1. Start documenting everything – Every call, letter, and message
  2. Write to them – Request written communication only
  3. Check if the debt is valid – Ask for proof of the original agreement
  4. Check if it’s statute-barred – When did you last pay or acknowledge it?
  5. Get free debt advice – If you owe money, get help managing it
  6. Complain formally – To the company, then to the Ombudsman
  7. Consider legal action – If harassment continues despite complaints

Summary

You can sue debt collectors for harassment—and people do successfully. The Protection from Harassment Act, FCA rules, and the Financial Ombudsman give you multiple routes to challenge aggressive debt collection.

You don’t have to put up with threatening calls, deceptive practices, or aggressive behaviour. Document everything, complain formally, and escalate if necessary. Whether or not you owe the money, you have the right to be treated fairly.

Related Articles

For more on financial disputes and UK consumer rights:

Need free legal advice? See our guide to free legal help in the UK.

Shaun Walker

Shaun Walker

Shaun Walker is a legal writer who helps readers understand their rights and navigate complex legal situations. He specializes in making the law accessible to everyday people facing real-world challenges.