Overview
When someone falls behind on a debt, the original creditor or a debt purchaser may instruct a debt collection agency to pursue the outstanding amount. One method these agencies use is sending a representative — sometimes called a doorstep collector or field agent — to the debtor's home. This article explains what debt collectors are legally permitted to do during a home visit, what they are not permitted to do, and how their powers differ fundamentally from those of bailiffs (legally known as enforcement agents). It covers the regulatory framework in the United Kingdom, with specific distinctions drawn between England and Wales, Scotland, and Northern Ireland where relevant.
Understanding the difference between a debt collector and a bailiff is essential. The two roles are governed by entirely separate legal frameworks, carry different powers, and are triggered at different stages of the debt recovery process. Confusing the two can cause unnecessary alarm or, conversely, lead someone to underestimate their rights.
Quick Answer (Read This First)
A debt collector can visit your home, but they have no special legal powers to enforce a debt. They are private individuals or agency employees — not court-appointed officials. They cannot force their way into your property, they cannot seize your belongings, and they cannot issue court orders. If you ask a debt collector to leave your property, they must leave. If you withdraw permission and they refuse to leave, it becomes civil trespass.
Bailiffs (enforcement agents), by contrast, are court-appointed and do hold legal powers to take control of goods. A bailiff can only become involved after court action has been taken against you (with specific exceptions for HMRC tax debts and certain magistrates' court fines). Bailiffs are required to give at least 7 clear days' notice before their first visit. Debt collectors are not subject to this requirement.
How the System Works
Debt collection and bailiff enforcement are two distinct stages in the broader process of recovering unpaid debts. They operate under different rules and are regulated by different bodies.
Debt Collectors
Debt collectors are hired by creditors or debt purchasers to pursue payment of outstanding debts. They are private individuals or employees of a collection agency. They have no statutory enforcement powers. They cannot force entry into a property, seize goods, or issue court orders. A creditor can instruct a debt collection agency at any stage of debt arrears, without any court involvement.
The Financial Conduct Authority (FCA) regulates debt collection activities for consumer credit debts through the Consumer Credit Sourcebook (CONC), specifically section CONC 7.9, which covers contact with customers. This regulation applies to FCA-authorised firms collecting consumer credit debts. It is worth noting that debt collectors pursuing non-consumer credit debts — such as some utility arrears or council debts — may not be FCA-regulated and therefore may not be subject to CONC rules.
In addition to FCA regulation, the Credit Services Association (CSA) sets industry standards for debt collection agencies through its Code of Practice. The CSA is a major trade body for the debt collection and purchase sector. CSA membership is voluntary, but carries disciplinary procedures for breaches of the code.
General consumer protection and harassment law also applies. For example, the Protection from Harassment Act 1997 and the Consumer Protection from Unfair Trading Regulations 2008 provide protections against misleading or aggressive practices in a debt collection context.
Bailiffs (Enforcement Agents)
Bailiffs, on the other hand, are enforcement agents appointed by the courts. Their powers are governed by the Tribunals, Courts and Enforcement Act 2007 (Schedule 12) and the Taking Control of Goods Regulations 2013. A bailiff requires a warrant of control, writ of control, or liability order before exercising any enforcement powers. Before a bailiff can visit, a Notice of Enforcement must be served, giving at least 7 clear days' notice. This is a mandatory statutory requirement.
Scotland
In Scotland, sheriff officers — not bailiffs — enforce debts, and they operate under a different legal framework with distinct powers and procedures.
Key Rules, Thresholds, and Timelines
The rules governing what a debt collector can and cannot do during a home visit are drawn from FCA regulation, industry codes, and general UK law. Below are the key rules as they apply.
Entry to your property
Debt collectors have no right of entry. They may only enter with your permission, and FCA rules restrict home visits and require reasonable conduct. A debt collector may knock on your door and attempt to speak with you, but they cannot come inside unless you permit it.
Asking a debt collector to leave
If a customer asks a debt collector to leave their property, the collector must leave. CONC 7.9.14R(6) states that visitors must not refuse to leave a customer's property when reasonably asked to do so. If you withdraw permission and they refuse to leave, it becomes civil trespass.
Notice of visits
There is no statutory notice period requiring debt collectors to inform you before visiting. However, FCA-regulated firms are expected to give adequate notice of the date and likely time of a visit, at a reasonable time of day, and to clearly explain the purpose and intended outcome of the visit. This obligation is set out in FCA Handbook CONC 7.9.12R, though it includes an exception where giving such notice is not practicable.
Visiting hours
There is no statutory definition of permitted visiting hours for debt collectors. FCA guidance under CONC 7.9.4R prohibits contact at "unreasonable times," but does not specify particular hours. The CSA Code of Practice refers to visits at "reasonable times" without defining a specific window.
- Bailiff visiting hours (for comparison): Bailiffs can visit between 6am and 9pm, seven days a week, except on Christmas Day and Bank Holidays. These hours are set out in the Taking Control of Goods Regulations 2013.
Bailiff notice requirements
A Notice of Enforcement must be given at least 7 clear days before a bailiff's first visit.
Bailiff fees
Bailiff enforcement carries fixed statutory fees. The compliance stage fee (when the bailiff receives the warrant or writ and sends the Notice of Enforcement) is £75. The enforcement stage fee (when the bailiff attends the property) is £235. The sale stage fee (when preparations are made for sale of goods) is £110. For debts exceeding £1,500, an additional percentage fee of 7.5% is applied to the amount exceeding the £1,500 threshold at the enforcement and sale stages. These fees are set by the Taking Control of Goods (Fees) Regulations 2014.
Limitation period
The statutory limitation period for most unsecured debts is 6 years, as set out in the Limitation Act 1980. Mortgage shortfall capital is typically 12 years (interest 6 years) for court enforcement purposes. After the limitation period expires, a debt becomes "statute-barred," meaning it cannot be enforced through the courts, though it may still be pursued for payment.
Common Points of Confusion
The most significant source of confusion
The most significant source of confusion in this area is the difference between debt collectors and bailiffs. These are not the same thing, and they do not have the same powers.
A debt collector is a private individual or agency employee with no court-appointed authority. They cannot force entry, seize goods, or compel payment. A bailiff is a court-appointed enforcement agent with specific legal powers to take control of goods and, in some circumstances, to use force to enter a property. A bailiff can only be involved after court action has been taken (with limited exceptions for HMRC debts and certain magistrates' court fines).
Another common source of confusion relates to entry
A debt collector cannot enter your home without your consent. You are not obliged to open the door, invite them in, or engage in conversation. If you do allow them in and then ask them to leave, they must do so.
People sometimes confuse the notice requirements
Bailiffs must give at least 7 clear days' notice before a first visit. Debt collectors are not bound by this statutory requirement, though FCA-regulated firms are expected to give adequate notice where practicable.
It is also sometimes unclear whether a particular debt collector is FCA-regulated
Collectors pursuing consumer credit debts (such as credit card debts or personal loans) through FCA-authorised firms are subject to CONC rules. However, collectors pursuing non-consumer credit debts — such as some utility arrears or council debts — may not be FCA-regulated and may not be bound by the same rules. If the collector is a member of the Credit Services Association, the CSA Code of Practice may still apply.
Important Exceptions or Edge Cases
Several exceptions and edge cases are worth understanding, as they alter the general rules described above.
- Scotland. In Scotland, bailiffs do not operate. Debt enforcement is carried out by sheriff officers, who have different powers and procedures from bailiffs in England and Wales. The enforcement framework in Scotland follows a separate legal structure.
- HMRC debts. HMRC can use bailiffs to collect tax debts without first obtaining a court order. This is an exception to the general rule that bailiffs can only act after court action has been taken.
- Magistrates' court fines. Certain fines imposed by magistrates' courts can also be enforced by bailiffs without additional court orders.
- Forced entry by bailiffs. Bailiffs must use "peaceable entry" and can only enter through a door, not through windows. On a first visit for most civil debts (such as credit card or loan debts), bailiffs cannot use force to enter. Force may be used only where statute expressly permits — for example, criminal fines under warrant. A prior Controlled Goods Agreement can change what may happen next, but forced entry to a home remains tightly restricted.
- Vulnerable persons and children. Bailiffs should not enter a home where only children under 16 or vulnerable persons are present, in line with statutory guidance.
- Protected goods. Bailiffs cannot seize tools, vehicles, or computer equipment needed for work or study where the total value of those items is up to £1,350. Motability vehicles are generally protected because they are not owned by the debtor. A Blue Badge alone does not automatically make a vehicle exempt.
- Non-FCA-regulated debt collection. As noted, debt collectors pursuing certain non-consumer credit debts may not fall under FCA regulation. The protections in CONC may not apply to these collectors, though other legal protections (such as harassment law and civil trespass law) still apply.
What This Means in Practice
When a debt collector visits a home, the interaction is governed by a clear set of rules. The collector may knock on the door and attempt to discuss the debt. They may not enter without consent, and they must leave if asked to do so. They have no power to seize property, issue orders, or take any enforcement action.
FCA-regulated collectors are expected to explain who they work for and the purpose of the visit, and to conduct themselves in accordance with CONC rules. The visit should take place at a reasonable time.
If a bailiff visits, the situation is different. The bailiff will have been authorised by the court (or, in the case of HMRC debts, may act without a court order). A Notice of Enforcement should have been sent at least 7 clear days before the first visit. The bailiff has legal powers to take control of goods and, in certain circumstances, to use force to enter. Statutory fees will apply.
The distinction between the two is not merely procedural. A debt collector's visit is, in legal terms, no different from any other private individual calling at your door. A bailiff's visit is an exercise of court-authorised power, with statutory rules governing what they can do, when, and how.
FAQ
Key Takeaways
- No Enforcement Powers: Debt collectors are private citizens. They cannot force entry or seize goods.
- Must Leave: If you ask a debt collector to leave, they must do so. Refusal is civil trespass.
- Notice: Bailiffs require 7 days' statutory notice. Debt collectors do not (but should give "adequate" notice).
- Identity: Always verify who is at the door. Confusing collectors with bailiffs is common.
- FCA Rules: Regulated firms must follow strict conduct rules (CONC 7.9).
- Exceptions: HMRC and some fines allow bailiffs without court orders.



