Being in debt and struggling to pay your bills can be frustrating and stressful, especially if you are feeling pressured into making repayments you cannot afford. But how far can companies actually go to reclaim your money?
Debt collection companies and bailiffs have been known to harass people at work and threaten to throw them in jail.
This is not actually allowed - there are rules and regulations governing the collection of debts that give you some protection.
It is important to know who you're dealing with so you can be clear on exactly what they might do and what you can do about it.
Debt collection companies are used by banks and building societies to chase unpaid debts on credit cards, overdrafts and loans.
They are also used to collect debts by:
Payday loan companies
However, they do not have the same powers as bailiffs and are more restricted in what they can do.
There is a difference between what debt collection companies and bailiffs are allowed to do to reclaim money.
Whether a debt collector or bailiff is appointed will largely depend on the type of debt you have outstanding.
If a debt collection company fails to recover your outstanding payments and the company you owe money to successfully takes you to court, a bailiff can then be appointed.
The exception to this is if you fail to pay your council tax or are convicted of an offence and do not pay the fine. In this instance the court can hire a private bailiff to collect your debt.
In the guides below we answer everything you need to know about what debt collectors and bailifs can do to reclaim money that you owe:
If you have an unpaid mortgage or secured loan, the borrowing is directly linked to the value of your home.
Repossession is something that lenders try to avoid if possible. They are also obliged by the FCA to try and find a different solution before they take steps to reclaim your home.
If you are struggling to meet mortgage payments it's a good idea to speak to your lender as soon as possible to see what they suggest.
If you have any unsecured loan or credit card debt it is still possible that you could lose your home if you are unable to keep up with your repayments. However, the lender would first have to get a charging order from with a County Court judgement.
Unless you have knowingly committed fraud and this is proven in a court of law, you cannot be sent to prison for failing to pay your debts.
It is illegal for a debt collection company to imply that non payment will lead to criminal proceedings; this is considered to be a form of harassment.
If you have been told by a debt collection company that you will go to prison unless you pay this is tantamount to harassment and in breach of guidelines.
If you find your self in this situation you can complain about the debt collection company in question either through the original creditor in question, i.e. the bank, utility company or council that you owe money to or by complaining to Trading Standards.