How to Handle Unfair Debt Collection Practices

Debt collectors must adhere to UK laws and regulations. When they cross the line, you have rights and remedies to protect yourself.

Here’s your guide to asserting them.

Understand the Legal Framework

Consumer Credit Act 1974 & FCA CONC: Firms collecting consumer credit (like BA, credit cards, payday lenders, debt collectors) must be FCA-authorized and follow the Consumer Credit Sourcebook (CONC). This mandates clear, fair, and non-misleading communication
Consumer Protection from Unfair Trading Regulations 2008 (since Apr 2025, updated by the Digital Markets, Competition and Consumers Act 2024) prohibits aggressive and misleading tactics
Financial Ombudsman & Trading Standards: You can file a complaint with the Financial Ombudsman Service (FOS) or inform Trading Standards via Citizens Advice if rules are broken.

Identify Unfair Practices

Under CONC and FCA Principles, debt collectors must not:

Send misleading letters posing as legal notices or court claims.
Use confusing legal jargon or pretend to be bailiffs, solicitors, or the court.
Contact you at unreasonable times, like late nights or your workplace
Apply undue pressure—such as demanding full payment on short notice or forcing you to sell assets.
Ignore disputes or pressure you while a valid dispute is under investigation
Charge collection fees not legally permitted in the original contract
Visit your home or work unannounced, or contact you while you’re vulnerable or ill

Gather & Document Evidence

Keep detailed records: log call dates/times, who called, phone numbers, recordings if allowed; save letters, voicemails, emails, and capture any visits .
Use witness statements from family, flat mates, or neighbors if collectors visit in person.

Lodge a Formal Complaint

Write to the debt collector or creditor:

1. Write to the debt collector or creditor:

Highlight the behavior you deem unfair and cite relevant FCA/CONC or consumer protection rules.
Specify how you prefer to be contacted.
Demand they confirm receipt and indicate how they’ll follow up

2. They must respond within 3 business days and log your complaint with the FCA.

3. If unsatisfied, escalate to:

The Financial Ombudsman Service (FOS),
The FCA directly,
The creditor’s professional body

(e.g., debtor trade association),

Trading Standards, via Citizens Advice

4. Dispute the Debt & Use “Cease Contact” Requests

Clearly dispute the debt in writing if you don’t owe it, it’s inaccurate, or you’re in a formal repayment plan. They must pause collection while investigating.
For statute-barred debts (older than six years with no acknowledged payment), inform collectors in writing they are time-barred, and demand immediate cessation
Use a formal letter to demand they stop contacting you except to confirm receipt—they must respect this or risk harassment charges.

5. Use Privacy & Data Protection Rights

If collectors inappropriately use your personal data—share it with others, misreport it, or violate UK GDPR/Data Protection Act principles—you may complain to the ICO

6. Real UK Examples

One person reported unfair “reconciliation” and cancellation fees that were hidden in fine print, prompting hostility when challenged
Another highlighted statute-barred debts incorrectly pursued, referencing CONC rules and ICO protections to halt harassment

Your Action Plan

Document every contact and communication.
Send a formal complaint letter, citing FCA/CONC,
CP Regulations, and your contact preferences.
Dispute debts formally and request proof.
Claim statute-barred status for debts over six years.
Demand cessation of all contact (except receipt confirmation).
Escalate unresolved complaints to FOS, FCA, Trading Standards, ICO.
Consider legal advice or small claims if you suffer harm or harassment.

Final Insights

Debt collectors in the UK are strictly regulated to ensure fair treatment, transparency, and respect for your rights. By staying informed, documenting everything, and escalating appropriately, you can challenge unfair practices and put a stop to harassment. Remember: you have legal rights—make them count.