Debt Collection, Bailiffs, Credit Files and E-Money

Debt collector harassment under FCA CONC 7, bailiff procedure under the 2013 Regulations, credit file rectification under UK GDPR, and e-money disputes. Limitation, s.140A unfair credit relationships, and the FOS route.

Financial Ombudsman Service (FOS) / ICO / certificating court (bailiffs)

4 sub-sectors covered

Debt collection and credit file disputes are governed by overlapping regulatory regimes: FCA CONC for FCA-authorised collectors, the Tribunals, Courts and Enforcement Act 2007 for High Court Enforcement Officers and certificated enforcement agents, the Data Protection Act 2018 and UK GDPR for credit-file accuracy, and the Payment Services Regulations 2017 for e-money. Most disputes are won by understanding which regime applies and citing the specific rule the firm has broken.

Key Legislation

Consumer Credit Act 1974 (esp. ss.77, 78, 79 information rights; s.94 early settlement; s.140A unfair relationship)
FCA CONC (esp. CONC 7 arrears and default; CONC 5 responsible lending)
Tribunals, Courts and Enforcement Act 2007
Taking Control of Goods Regulations 2013 (SI 2013/1894)
Data Protection Act 2018 and UK GDPR (Articles 15 and 16)
Payment Services Regulations 2017 (SI 2017/752)
Protection from Harassment Act 1997
Limitation Act 1980 (s.5 contract; s.20 mortgage debts)

Complaint Route

Financial Ombudsman Service (FOS) / ICO / certificating court (bailiffs)

Always complain to the company directly first. Give them 8 weeks to respond. If unresolved, escalate to the relevant ombudsman or ADR scheme listed above. EvenStance guides you through every step.

The most common debt and credit disputes

Debt collector harassment. FCA CONC 7 governs the conduct of FCA-authorised debt collectors. CONC 7.9 prohibits unfair business practices including excessive contact, contact at unreasonable times, threats, and misrepresentation of the consumer's legal position. The Protection from Harassment Act 1997 applies in serious cases. Where a debt was statute-barred under s.5 of the Limitation Act 1980 (six years from the date payment fell due, with no acknowledgment or part-payment in the interim), the collector cannot lawfully pursue it as enforceable.

Bailiff and enforcement agent overreach. The Taking Control of Goods Regulations 2013 set out the procedural rules: Notice of Enforcement at least seven clear days before attendance; controlled goods agreements in prescribed form; no forced entry to domestic property on first attendance; protected goods excluded from seizure. Breaches give the consumer both a complaint route (the certificating authority, then the issuing court) and a private-rights claim for damages.

Credit file errors. Credit reference agencies (Experian, Equifax, TransUnion) are subject to UK GDPR Article 16 (right to rectification). The lender that supplied the inaccurate data is the data controller for accuracy. Route: Notice of Dispute with the CRA, then the lender, then FOS (FCA-regulated) or ICO. Common upheld complaints: default markers without the required notice under CONC 7.18; arrears markers persisting after settlement; identity confusion entries.

Unfair credit relationships. Section 140A of the Consumer Credit Act 1974 allows the court (or, indirectly, the FOS) to reopen an unfair credit relationship. The threshold is broad: anything making the relationship unfair to the debtor, including the terms, the way the creditor enforced rights, or the way the credit was obtained. Used most often in payday lending, doorstep lending, and aggressive collection cases.

E-money and money transfer. Payment Services Regulations 2017 set the conduct standards for authorised e-money institutions and payment institutions. Unauthorised transactions, blocked accounts, and fund-release delays are FOS-actionable where the institution is FCA-regulated. FCA safeguarding rules require client funds to be segregated; failure to safeguard is a breach with FSCS implications.

The first fob-off and the rebuttal that works

Debt collectors' first response is typically to assert the debt is enforceable and demand payment. The rebuttal in three parts. First, request the original credit agreement under s.78 of the Consumer Credit Act 1974 (regulated agreements; s.77 for unregulated fixed-sum credit). The lender must produce a true copy within 12 working days; failure renders the agreement unenforceable until compliance. Second, check the limitation period. Six years from the date payment fell due, with no acknowledgment or part-payment, makes the debt statute-barred. Third, check CONC 7 compliance: was a default notice properly served? Are the figures correct? Were the regulated information notices given?

Escalation path

For FCA-regulated collectors and lenders: complaint to the firm under DISP, eight-week window under DISP 1.6.2R, FOS referral with a six-month time limit. FOS award cap from 1st April 2026: £455,000 for acts on or after 1st April 2019; £205,000 for earlier acts.

For bailiff/enforcement agent complaints: the agent's certificating authority (the court that issued the certificate), then the issuing court. Civil claims for damages run through court under s.66 of the Tribunals, Courts and Enforcement Act 2007.

For credit file disputes: CRA's dispute service, then the lender (the data controller for accuracy), then FOS (FCA-regulated lender) or ICO (data protection breach).

For e-money: complaint to the institution; FOS where FCA-regulated and still trading; FSCS where the institution has failed (eligibility is narrow; many e-money institutions are not within FSCS scope, so segregation/safeguarding is the operative protection).

What it costs and how long it takes

FOS and ICO routes are free. FOS investigation timeframes for debt and credit cases are typically four to twelve months. ICO investigations are typically six to twelve months. Court is the residual route for damages claims and for setting aside enforcement.

How EvenStance helps with debt and credit

Frank's debt and credit flow drafts the s.77/s.78 information request, the CONC 7 conduct complaint, the limitation-period analysis, and the FOS or ICO submission. The Subject Access Request flow generates the SAR to the lender for the full account history, contemporaneous notes, and any default/charge calculations.

Sub-sectors Covered

Debt CollectionBailiffs - High Court EnforcementCredit Reference AgenciesMoney Transfer / E-Money

Frequently Asked Questions

Can I stop debt collector harassment?

Yes. FCA CONC 7.9 prohibits unfair business practices including excessive contact, contact at unreasonable times, threats, and misrepresentation of the consumer's legal position. Complain to the firm citing the specific CONC 7 breach in numbered paragraphs. Escalate to FOS after eight weeks. The Protection from Harassment Act 1997 applies in serious cases.

My credit file shows a default I dispute. How do I fix it?

Raise a Notice of Dispute with the credit reference agency. The CRA flags the entry for the lender's review under UK GDPR Article 16 (rectification). If the lender does not correct an inaccurate entry, complain to the lender, then FOS (if FCA-regulated) or the ICO.

Is my old debt statute-barred?

Possibly. Under s.5 of the Limitation Act 1980, simple contract debts become statute-barred six years from the date the cause of action accrued (typically the date the payment fell due), provided you have not acknowledged the debt in writing or made a part-payment in the interim. A statute-barred debt is not extinguished but cannot be enforced through court; CONC 7.15 also restricts the collector's conduct on statute-barred debts.

A bailiff did not give me notice before attending. What can I do?

The Taking Control of Goods Regulations 2013 require a Notice of Enforcement to be served at least seven clear days before the agent attends. Complain to the agent's certificating authority and the issuing court. Damages claims run through court under s.66 of the Tribunals, Courts and Enforcement Act 2007.

My e-money account has been blocked. What is my route?

Complain to the institution under their dispute resolution procedure. If FCA-regulated and the eight-week DISP window has elapsed, refer to FOS. FCA safeguarding rules require client funds to be segregated; ask the institution to confirm safeguarding status. Where the institution has failed, recovery depends on FSCS eligibility (narrow for many e-money institutions) and the integrity of the safeguarding arrangements.