Challenge a Debt Collector
Step-by-step guide · 12 min read
What you'll need
- Any letters or communications from the debt collector
- Your CCR report (if available)
- Dates of your last payment or acknowledgement
- A record of their calls/messages
Don't panic — and don't acknowledge the debt
Do NOT make a payment, agree to a payment plan, or write anything that admits you owe the debt. This can reset the statute of limitations clock.
Take a breath. Debt collectors rely on fear and urgency to get you to pay without thinking. You have rights, and the law is on your side.
Ask them to prove the debt
Write to the debt collector (email or post) and demand:
- A copy of the original credit agreement
- A full statement of account showing how the amount was calculated
- Proof they are authorised to collect this debt
- The original creditor's name and account number
They must prove the debt is valid and enforceable. If they can't, they can't pursue it.
Check if the debt is statute-barred
Under the Statute of Limitations Act 1957, most debts become unenforceable after 6 years from:
- Your last payment, OR
- Your last written acknowledgement of the debt
If 6 years have passed, the debt is statute-barred. They can still contact you, but they cannot take you to court to enforce it.
Use our Deadline Calculator — enter the date of your last payment to see if the statute of limitations has expired.
Send a Subject Access Request
Send a SAR to the debt collector to find out:
- What personal data they hold about you
- Where they got your data (who sold or shared it)
- When they received your data
- Their lawful basis for processing it
If they obtained your data without a lawful basis, that's a GDPR breach. Use our SAR guide and template.
Check the CCR
Check if the debt collector has reported anything to the Central Credit Register. If the data is inaccurate or the debt is statute-barred, they have no right to report it. Use our guide to get your CCR report.
If they're harassing you — send a cease and desist
Under the Non-Fatal Offences Against the Person Act 1997, harassment is a criminal offence. Behaviour that crosses the line includes:
- Calling multiple times a day
- Contacting you at work after you asked them not to
- Threatening legal action they have no intention of taking
- Contacting family members or neighbours about your debt
- Misrepresenting their legal powers
Use our Cease and Desist template on the Templates page.
File a formal complaint
If the debt collector is regulated by the Central Bank of Ireland (most are), file a formal complaint. They have 5 business days to acknowledge and 40 business days to issue a Final Response Letter. Use our formal complaint guide.
Escalate to the FSPO and DPC
Once you have the FRL (or 40 days have passed), file in parallel:
- FSPO complaint — for the conduct issue (harassment, pursuing statute-barred debt)
- DPC complaint — for any data protection breach (how they got your data, CCR reporting)
Double-track: The FSPO and DPC cover different jurisdictions. Running both in parallel maximises pressure and strengthens your case.
Related resources
Need help with your specific case?
Our guides cover the process — but every case is different. If you want someone to review your situation and tell you exactly what to do next, we can help.
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