Debt news and case law

26 August, 2021

Ombudsman finds multiple failures in council’s handling of resident’s request for help managing his council tax bill and arrears during the Covid-19 pandemic

New report highlights council’s failure to publish any information about a discretionary relief policy ‘risks significant injustice’

25 August, 2021

High Court rejects creditor’s application to cancel breathing space mental health moratorium made on grounds that it ‘unfairly prejudiced’ their interests

[2021] EWHC 2308

25 August, 2021

Cabinet Office launches Debt Management Vulnerability Toolkit to help promote fairness in government debt management practices

However, while welcoming 'much needed' guidance, Money Advice Trust says that further measures needed including legislation to ensure that those with government debt are treated fairly and have adequate time to repay

17 August, 2021 Open access

Extended Scottish ‘breathing space’ moratorium period during Covid pandemic should be made permanent, Scottish Government proposes

Consultation on Covid recovery policy includes proposal to keep the six-month moratorium and other easements introduced to support debtors through the Covid-19 pandemic

16 August, 2021

Government issues new council tax collection best practice guidance for local authorities

Introducing the guidance, Minister says 'tax collection and enforcement should never come at the cost of fair treatment of residents’

5 August, 2021 Open access

Extension of Covid-19 eviction and bankruptcy protections in Scotland to 31 March 2022

Coronavirus (Extension and Expiry) (Scotland) Act 2021 receives Royal Assent

2 August, 2021

High Court considers whether waiver has occurred where a party ignores irregular service and allows bankruptcy proceedings to continue

[2021] EWHC 2124 (Ch)

2 August, 2021

High Court considers whether respondent in bankruptcy proceedings had established a change of position, and whether this was a relevant factor in the court’s determination to grant no relief

[2021] EWHC 2149 (Ch)

26 July, 2021

Centre for Social Justice sets out proposals for Enforcement Conduct Authority to 'raise standards and protect vulnerable people', and ensure the enforcement agency is 'fit to meet the challenges of the coming decade'

Although falling short of full statutory regulation, debt advice agencies and other charities welcome proposals saying they represent an 'important opportunity' to set and enforce standards

6 July, 2021

Cancellation of up to £1,500 of a student’s living costs loan liability in Wales in the academic year 2021/2022

New statutory instrument

30 June, 2021 Open access

Extension of temporary Insolvency Practice Direction that adapts court processes to assist court users during the continuing Covid-19 pandemic

New Direction applies to all insolvency proceedings throughout the Business and Property Courts from 30 June 2021 to 30 September 2021

28 June, 2021

Court of Appeal considers whether a ‘reconstitution’ of a default notice is sufficient for a creditor to establish that it complied with the statutory requirements when serving it

[2021] EWCA Civ 957

25 June, 2021 Open access

Coronavirus (Extension and Expiry) (Scotland) Bill approved by Scottish Parliament

Bill includes provision for Covid-19 eviction and bankruptcy protections to be extended by six months to 31 March 2022

24 June, 2021

Total council tax arrears across local authorities in England stood at £4.4 billion as at March 2021

Responding to new MHCLG statistics, Money Advice Trust calls for reform of council tax collection rules and for more to be done to prevent people falling behind in the first place

18 June, 2021 Open access

Proposals to extend Covid-19 eviction and bankruptcy protections to be debated in the Scottish Parliament next week

Subject to the agreement of Parliament, measures will be extended by 6 months to 31 March 2022

9 June, 2021

Increases in prescribed monetary limits that need to be met in order for an individual to be able to apply for a Debt Relief Order

New legislation also increases value of domestic motor vehicle that must be excluded from valuation of Debt Relief Order applicant's property

2 June, 2021

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Debt

Ombudsman finds multiple failures in council’s handling of resident’s request for help managing his council tax bill and arrears during the Covid-19 pandemic

New report highlights council’s failure to publish any information about a discretionary relief policy ‘risks significant injustice’

High Court rejects creditor’s application to cancel breathing space mental health moratorium made on grounds that it ‘unfairly prejudiced’ their interests

Cabinet Office launches Debt Management Vulnerability Toolkit to help promote fairness in government debt management practices

Extended Scottish ‘breathing space’ moratorium period during Covid pandemic should be made permanent, Scottish Government proposes

Government issues new council tax collection best practice guidance for local authorities

Extension of Covid-19 eviction and bankruptcy protections in Scotland to 31 March 2022

High Court considers whether waiver has occurred where a party ignores irregular service and allows bankruptcy proceedings to continue

[2021] EWHC 2124 (Ch)

High Court considers whether respondent in bankruptcy proceedings had established a change of position, and whether this was a relevant factor in the court’s determination to grant no relief

Centre for Social Justice sets out proposals for Enforcement Conduct Authority to 'raise standards and protect vulnerable people', and ensure the enforcement agency is 'fit to meet the challenges of the coming decade'

Cancellation of up to £1,500 of a student’s living costs loan liability in Wales in the academic year 2021/2022

Extension of temporary Insolvency Practice Direction that adapts court processes to assist court users during the continuing Covid-19 pandemic

Court of Appeal considers whether a ‘reconstitution’ of a default notice is sufficient for a creditor to establish that it complied with the statutory requirements when serving it

Coronavirus (Extension and Expiry) (Scotland) Bill approved by Scottish Parliament

Total council tax arrears across local authorities in England stood at £4.4 billion as at March 2021

Proposals to extend Covid-19 eviction and bankruptcy protections to be debated in the Scottish Parliament next week

Increases in prescribed monetary limits that need to be met in order for an individual to be able to apply for a Debt Relief Order

Money and Pensions Service launches new ‘MaPS Standards’

Revoking obsolete regulations relating to ‘deeds of arrangement’ in Northern Ireland

Removing discounts and exemptions applied to court fees for civil money and possession claims that are issued online