Debt news and case law

2 January, 2025

Scottish Government publishes its debt advice levy funding allocations for 2024/2025

Based on the proportion of adults in each of the nations of the UK who are indebted in the previous year, funding for the free advice sector in Scotland totals more than £7 million

23 December, 2024

High Court rules that a court has jurisdiction to determine whether a debt is a 'qualifying debt' for purposes of Breathing Space regulations

Seculink Ltd v Forbes [2024] EWHC 3339 (Ch)

23 December, 2024

Increase in the value of a vehicle that is disregarded in the calculation of a person’s assets when determining eligibility for a debt relief order in Northern Ireland

New statutory rule

12 December, 2024

Ofgem launches consultation on proposal to implement energy debt relief scheme to support people who accrued debts during the energy crisis

Second consultation will also look at options for improving energy suppliers' debt standards to better address debt prevention, support and recovery

12 December, 2024

Scottish Government awards funding to Citizens Advice Scotland to build on successful council tax debt pilots

Announcing £400,000 of new funding, Housing Minister says that advice services can provide vital support to those with money worries and debt

12 December, 2024

Requiring creditors to issue a Debt Advice and Information Package to debtors in Scotland when applying for a warrant for diligence

New statutory instrument laid to commence provisions of the Bankruptcy and Diligence (Scotland) Act 2024

10 December, 2024

Scottish government launches consultation on draft regulations introducing debt recovery mental health moratorium

Eligibility criteria widened to include people being treated for mental illness voluntarily and in the community, but not to include use of Debt and Mental Health Evidence Form

9 December, 2024

MaPS’ estimate of the number of people in need of debt advice excludes millions of people who clearly have a need for advice

New report estimates that a quarter of the adult population need debt advice, and calls for MaPS to review its current budget allocations between 'money guidance' and debt advice services

5 December, 2024

Financial Inclusion Committee established to explore measures to support vulnerable people access banking, build savings and improve financial resilience

Treasury Minister says that work of new group made up of consumer groups and financial institutions is about making the system fairer and more accessible

20 November, 2024

High Court rules that prior knowledge of specific creditors is not required for a transfer of property into a trust for the purposes of depriving creditors to be a prohibited transaction

Malik v Messalti [2024] EWHC 2713 (Ch)

19 November, 2024

Court of Appeal rules that a debtor could not be compelled to draw down on his occupational pension to pay creditor’s judgment debt

Manolete Partners PLC v White [2024] EWCA Civ 1418

14 November, 2024

Government deserves credit for introducing energy support schemes at speed in 2022 and 2023, but provision of universal support posed risks to overall value for money

National Audit Office also recommends that the government must learn lessons from the challenges it faced in ensuring that harder-to-reach consumers received the support they were eligible for

11 November, 2024

High Court rules that Right to Buy property held in bankrupt’s name was held in trust for occupier’s grandson

Palmer & Anor v Sans (Re Insolvency Act 1986) [2024] EWHC 2685 (Ch)

7 November, 2024

Money and Pensions Service launches Debt Modernisation Fund 2024/2025

Free-to-client debt advice services in England invited to apply to help them access new tools, technologies and training that improve efficiency, accessibility and user experience

6 November, 2024

Northern Ireland Communities Minister announces more than £1 million increase in debt advice service funding in the region

New Integrated Advice Partnership Fund administered by local councils will add to existing debt services by providing ‘alternative pathways’ to debt advice

31 October, 2024

More than one in twenty doorstep interactions by bailiffs are in breach of current standards

Enforcement Conduct Board says that tens of thousands of people a year could benefit from new National Standards with 'tangible, enforceable expectations'

31 October, 2024

Raising the threshold beneath which deductions may not be taken from earnings by a creditor in Scotland

New statutory instrument

18 October, 2024

MaPS commits to continued engagement and collaboration with the debt advice sector in the development of its debt advice strategy

Publishing findings from its recent consultation exercise, MaPS say that making sure its funding is used effectively will help drive positive transformation for clients

18 October, 2024

Government launches consultation on legislation to introduce regulation of Buy-Now Pay-Later agreements

Scope of new regime includes FCA supervisory oversight of the BNPL sector broadly in line with proposals outlined in previous government's consultation that closed in April 2023

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