Can you claim?
Does this apply where you are?
US: FDCPA
UK: FCA Handbook CONC 7 (Arrears, default and recovery, including repossessions)
Your rights
FDCPA
- Summary
- Collectors may not harass, oppress or abuse you; repetitious, excessive or threatening communications are covered. At first contact or within 5 days they generally must give creditor name, amount owed and how to dispute. In certain situations you have 30 days to request information. You can tell a collector in writing to stop contacting you (CFPB provides a sample letter). Keep copies. Complain at consumerfinance.gov/complaint or 855-411-2372.
FCA Handbook CONC 7 (Arrears, default and recovery, including repossessions)
- Requirements
- CONC 7.3.4R: firms must treat customers in or approaching arrears or default with forbearance and due consideration. CONC 7.3.10R: a firm must not pressurise a customer to pay in one or very few repayments, to pay within an unreasonably short time, or to raise funds by selling property/borrowing. CONC 7.3.14R: a firm must not take disproportionate action against a customer in arrears or default. CONC 7.3.17R: a firm must not repossess a customer's home, goods or vehicles other than as a last resort. CONC 7.3.11R / 7.3.12G: a firm must suspend active pursuit of debt recovery for a "reasonable period" (generally 30 days, extendable by a further 30) while the customer is developing a repayment plan.
- Complaint route
- "Before bringing your complaint to us, you should make a formal complaint to the company involved. If they don't send you a final response letter within eight weeks – or you're unhappy with their response – you can bring the complaint to us."
Steps
- Gather your evidence (see the list above).
- Send a written complaint to the business or provider, citing the rule for your region from "Your rights" above.
- If unresolved by their deadline, escalate using the route named in "Your rights" for your region.
- If still unresolved, consider your region's ombudsman, regulator, or small claims court — see "Your rights" for the specific option.
Your tools
Information, not legal advice. Figures verified against the official sources linked above.