Data Subject Access Request (DSAR)

How to Complain About Unlawful Debt Pursuit or DSAR Failures

When a creditor or debt collection agency acts unfairly, ignores your data rights, or continues to pursue a disputed or unenforceable debt, you are entitled to make a formal complaint. This process is your legal route to holding organisations accountable — and it often prompts swift action once they realise you understand your rights.

1. Complaining About Debt Collection Conduct

If you believe a creditor or DCA has acted improperly — for example, by:

  • Chasing a debt while in default of a Section 77/78 request,

  • Using misleading or threatening language,

  • Contacting you excessively or at inappropriate times,

  • Failing to stop contact after being instructed to deal with your representative,
    then you can raise a formal complaint under FCA CONC (Consumer Credit Sourcebook).

Write to the firm’s Complaints Department stating:

  • The account or reference number,

  • The nature of your complaint,

  • The outcome you want (e.g. stop contact, delete inaccurate data, confirm unenforceability).

They have 8 weeks to issue a final response. If unsatisfied or no reply is received, escalate to the Financial Ombudsman Service (FOS).

2. Complaining About a DSAR Failure

Under the UK General Data Protection Regulation (UK GDPR), you have the right to request a copy of all personal data held about you. If a firm fails to respond within one calendar month, provides incomplete data, or refuses without lawful reason, it may be in breach of Article 12 and Article 15.

Your steps should be:

  1. Send a written reminder giving them a further 7–14 days to comply.

  2. If still ignored, raise a formal internal complaint addressed to their Data Protection Officer (DPO).

  3. If there is no satisfactory resolution, escalate the matter to the Information Commissioner’s Office (ICO).

The ICO can investigate and require the organisation to provide the missing data or take corrective action. In serious cases, you may also have grounds to seek compensation under Section 168 and 169 of the Data Protection Act 2018 for distress or damage caused by non-compliance.

3. How to Escalate Your Complaint

 

Issue TypeFirst Complaint To Escalate Legal Basis: Unfair or aggressive debt collectionCreditor / Financial Ombudsman Service (FOS)FCA CONC 13 & CCA 1974. Unlawful credit reporting or data misuseCreditor / Information Commissioner’s Office (ICO)UK GDPR / DPA 2018. DSAR not fulfilled or ignored Data Protection Officer, ICO UK GDPR Art. 12–15 Breach of Consumer Credit Act rightsCreditor FOS / FCACCA 1974 s.77–79

Keep copies of every letter, proof of posting, and email. Written evidence is critical if you need to prove misconduct later.

4. Why Complaints Matter

Regulators take consumer complaints seriously.
Firms must demonstrate they handle them properly under FCA DISP (Dispute Resolution) and UK GDPR accountability principles.
By following a structured process, you protect your rights, strengthen any future legal defence, and help ensure the same mistakes aren’t repeated.

Get the Complaint & Escalation Pack

Freedom Financial offers a Complaint & Escalation Pack containing:

  • Complaint letter templates for creditors, DCAs, and CRAs

  • DSAR non-compliance reminder templates

  • ICO and FOS escalation forms

  • Step-by-step complaint tracker