Debt news and case law

3 September, 2024

High Court confirms property in bankrupt’s name was held in trust for a minor and out of scope of bankruptcy

Fox & Anor v Bent & Ors [2024] EWHC 2179 (Ch)

28 August, 2024

Bankrupt’s interest in jointly-owned former matrimonial home promised to ex-wife not in scope of subsequent bankruptcy order

Nilsson & Anor v Cynberg [2024] EWHC 2164 (Ch)

23 August, 2024

Money Advice Trust renews call for government to introduce an energy bills Help to Repay scheme

As Ofgem announces an almost 10 per cent increase in the energy price cap from October 2024, MAT says action is urgently needed to help households already struggling with record levels of energy debt

15 August, 2024

Consultation on new standards for debt enforcement industry launched by independent oversight body

Enforcement Conduct Board proposes updates to its National Standards to better address vulnerability and affordability, reflect current best practice and cover actions of enforcement firms as well as individual agents

6 August, 2024

Local authorities in England and Wales referred more than a million council tax debts to bailiffs in 2022/2023

With record council tax arrears of more than £6bn this year, Money Advice Trust calls on the government to provide more support to households, and for improvements to councils' collection practices

1 August, 2024

FCA launches call for views on consumer protection conduct rules for financial services firms following introduction of new Consumer Duty

Investigation to examine whether, where and how the conduct rules can be refined while continuing to support and protect consumers

25 July, 2024

Insolvency Service reports record number of debt relief orders in England and Wales following removal of £90 administration fee in April 2024

Total of more than 4,000 DROs granted in June 2024 represents a 15 per cent increase on previous month's record high, and is more than double the long-term average

17 July, 2024

Bill enabling creation of mental health debt moratorium in Scotland receives Royal Assent

Bankruptcy and Diligence (Scotland) Act 2024 provides for introduction of mental health moratorium as part of Scotland's statutory debt moratorium scheme

16 July, 2024

More than 20 million people across the UK are living in financially vulnerable circumstances

New analysis published by Fair4All Finance highlights that key drivers of financial exclusion are becoming more visible in the everyday experiences of families and households

12 July, 2024

Civil Justice Council launches call for evidence on enforcement of debt judgments

Views sought on issues including whether additional safeguards needed for debtors in light of high number of default judgments

8 July, 2024

High Court rules that multiple claimants are due compensation for losses from mortgages and ‘sale and rent back’ agreements arranged by unauthorised mortgage brokers

Financial Conduct Authority v London Property Investments (UK) Ltd (t/a LPI Emergency Property Finance) & Ors [2024] EWHC 1276 (Ch)

8 July, 2024

Department for Communities launches consultation on changes to child maintenance enforcement and collection in Northern Ireland

Proposed new administrative liability orders will replace current court-based process, with the aim of reducing the time it takes for the Child Maintenance Service to initiate its strongest enforcement powers

5 July, 2024

Increase in prescribed amount of overall indebtedness when determining eligibility for a debt relief order in Northern Ireland

New statutory instrument

28 June, 2024

Amendments to the Protected Trust Deed process in Scotland

New statutory instrument

26 June, 2024

Cancellation of up to £1,500 of a student’s living costs loan liability in Wales in the academic year 2024 /2025

New statutory instrument maintains the Welsh Government's policy introduced in the 2010/2011 academic year

21 June, 2024

High Court rules that court had discretion to uphold bankruptcy order made in ignorance of moratorium

Carter v Davies & Ors [2024] EWHC 1536 (Ch)

21 June, 2024

Court of Appeal rules that a creditor can be ordered to pay damages in respect of breaches of statutory duty by an enforcement agent acting on its behalf

Burton v Ministry of Justice [2024] EWCA Civ 681

20 June, 2024

Total value of council tax arrears in England increased by almost 10 per cent in 2023/2024, reaching a new high of more than £6 billion

Money Advice Trust warns that sheer scale of debt highlighted in new DLUHC statistics underlines the need for urgent action

18 June, 2024

Bill introduced in Northern Ireland to provide for ‘administrative liability orders’ to speed up recovery of child maintenance arrears from parents who fail to pay

New legislation will reduce the current court-based application process, that takes around 22 weeks, to six weeks

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