Debt news and case law

24 August, 2022

MaPS confirms that it will extend existing regional debt advice contracts beyond February 2023 while it works on ‘three-phased approach’ to future advice commissioning

However, while welcoming positive response to request for extended funding, We Are Debt Advisers maintains position that guaranteed funding until at least 2025 is needed to remedy recruitment problems

24 August, 2022

High Court rejects debtor’s claim that bankruptcy petition should be dismissed as he is ‘able to pay his debts’, but agrees adjournment to give him time to realise assets

Commissioners for Her Majesty's Revenue and Custsoms v De Freitas [2022] EWHC 1946 (Ch)

17 August, 2022

Urgent action needed from Money and Pensions Service to address debt advice staffing shortages

We Are Debt Advisers calls for extension of debt advice contracts to March 2025 in light of survey showing that agencies are struggling to recruit due to uncertainty about funding

17 August, 2022

Citizens Advice warns that one in four people will not be able to afford their energy bills in October

Government must act urgently or 'risk a winter of despair for millions', says Chief Executive

17 August, 2022

High Court dismisses trustee in bankruptcy’s claims that debtor had transferred joint legal title of matrimonial home into wife’s sole name to put his beneficial interest beyond the reach of creditors

Hinton v Wotherspoon [2022] EWHC 2083 (Ch)

15 August, 2022

Scottish Government proposes introduction of a specific mental health process as part of Scotland’s statutory debt moratorium scheme

Consultation on proposals for reform of debt solutions also recommends changes to formal debt recovery mechanisms, bankruptcy and Protected Trust Deeds

11 August, 2022 Open access

Bankruptcy rules amended in Scotland to make similar provision to temporary changes introduced at the start of the Covid-19 pandemic

Coronavirus (Recovery and Reform) (Scotland) Bill receives Royal Assent

9 August, 2022

Government must at least double the current £1,200 cost of living support package to prevent a difficult winter becoming a catastrophe

It’s time the government treated the soaring cost of living like the emergency it is, says Joseph Rowntree Foundation

5 August, 2022

ONS finds that rising cost of living caused around 16 million people to cut back on food and essentials between March and June 2022

Survey data also shows that around 24 million people used less gas and electricity, with percentage of those cutting back on both food and energy higher among disabled people

4 August, 2022

Ofgem’s decision to review energy price cap quarterly rather than every six months is ‘simply inhumane’

End Fuel Poverty Coalition warns that decision will lead to two price increases over the winter, forcing millions to face 'the real prospect of skipping meals to pay for energy'

3 August, 2022

Government’s proposed Statutory Debt Repayment Plan does not provide a workable solution for those seeking help with unmanageable debt

We are Debt Advisers also warns that proposals would damage relationship between debt advisers and people they are engaged to help

1 August, 2022

High Court holds that it was ‘fair and reasonable in all the circumstances of the case’ for the Financial Ombudsman to take into account events more than six years before complaint was made

Mortgage Agency Service Number Five Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2022] EWHC 1979 (Admin)

29 July, 2022

Debt charities call on Ofgem to ‘ramp up’ protection for people with energy debt

Action needed to ensure energy firms treat people struggling to pay or already in energy arrears fairly, including halting potentially harmful debt collection practices

28 July, 2022

Citizens Advice launches new cost of living dashboard to map the ‘crisis we’re seeing unfold’

New data initiative will aim to provide near real-time insight into the problems people are facing and how they're changing with external events

28 July, 2022

High Court holds that there is no test of ‘exceptional circumstances’ that fetters discretion provided under the Insolvency Act 1986 to annul a disputed bankruptcy

Khan v Singh-Sall & Anor [2022] EWHC 1913 (Ch)

27 July, 2022

FCA to bring in new Consumer Duty that will set ‘higher and clearer’ standards of protection across financial services and ensure that firms put customers’ needs first

Firms will have 12 months to implement the rules for all new and existing products and services and 24 months for closed products and services

21 July, 2022

People who accessed Breathing Space more than three times as likely to go through full debt advice and enter into debt solution

However, StepChange survey also shows that one in four of those who took up scheme did not have debt solution in place before expiration of 60-day break from further interest, fees and new enforcement action

15 July, 2022

New guidance issued to insolvency practitioners on reducing IVA payments or offering payment breaks to support debtors during cost of living crisis

Insolvency Service encourages practitioners to use greater flexibility to support debtors maintain their debt arrangements

11 July, 2022

Government sets out plans to use curfew orders to strengthen existing child maintenance enforcement powers

Curfews would be monitored by an electronic tag and if parents fail to comply they could be referred back to court to consider extension of the curfew order or a prison sentence

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