Debt news and case law

12 March, 2024

HM Treasury publishes Debt Fairness Charter setting out how people repaying debts to central government should be treated

However, government clarifies that it does not replace any legislation or powers given by Parliament to departments for collecting debt, such as taking deductions from benefits or earnings

6 March, 2024

Government confirms action to end inequity of people with prepayment meters being charged more up-front for their energy than other consumers

Standing charge premium to be removed on a permanent basis following the end of the Energy Price Guarantee this month

6 March, 2024

Debt relief order one-off administration fees to be scrapped from April 2024

Government also confirms that maximum debt value threshold is to be increased from £30,000 to £50,000 from June 2024

29 February, 2024

More than eight million people across the UK need debt advice and another 12 million are living on the edge

New MaPS figures show the chasm between how many people urgently need debt advice and the number actually taking it, with millions battling on alone without the help they so desperately need

15 February, 2024

Amendment of prescribed rate of interest payable on creditors’ claims in bankruptcy in Scotland

New statutory instrument

12 February, 2024

Government confirms that it plans to speed up child support enforcement by allowing the CMS to apply for administrative liability orders itself rather than using court-based processes

DWP says that, once in place, the new powers will enable an order to be obtained in Great Britain in as little as six weeks

8 February, 2024

Bill to require Energy Secretary to publish proposals for a social energy tariff receives first reading in House of Commons

Bill includes provision to set tariffs that reduce costs for eligible consumers to pre-cost of living crisis levels

1 February, 2024

Government rejects Select Committee’s recommendations to improve council tax collection practices and replace the sanction of imprisonment

Existing framework and the final threat of imprisonment provides an effective system to enable councils to collect council tax, government says

31 January, 2024

Number of breathing space moratoriums registered in England and Wales increased to a record high of almost 90,000 in 2023

Insolvency Services statistics show that this represents a 25 per cent increase on the previous year, continuing a broadly upward trend since the introduction of the debt respite scheme in May 2021

29 January, 2024

FCA confirms that debt packager firm’s application for permission to bring a judicial review against the ban on referral fees has been refused

Financial regulator welcomes the decision saying the ban removes a strong incentive for debt packagers to offer advice which does not take account of debtors’ best interests

24 January, 2024

Workload issues are having a significant negative effect on how people feel about working in the money advice sector

Survey by Institute of Money Advisers finds that almost half of advisers are dissatisfied with their workload, with those in MaPS funded roles more likely to report dissatisfaction

23 January, 2024

Parliamentary Committee urges Scottish Government to widen entry criteria for debt mental health moratorium scheme

Current proposal that only those receiving compulsory treatment should be eligible doesn't reflect the severity of the issues faced by those with serious mental health issues and debt problems, says Committee

12 January, 2024

Court of Appeal rules that a High Court Enforcement Officer is the proper respondent in a dispute about the fees charged by an enforcement agent and a damages claim against them

Bone v Williamson [2024] EWCA Civ 4

10 January, 2024

MaPS launches consultation on proposals for delivery of its debt advice strategy

Views sought on issues including MaPS' role as a commissioner and funder of services, strategic issues in the sector, and support for debt advice staff

9 January, 2024

Ofgem permits energy firms to restart forcible prepayment meter installations as a matter of last resort

Energy regulator confirms that EDF, Octopus and Scottish Power have met conditions to restart installations, having completed audits to identify wrongfully installed meters and committed to reinstating non-prepayment methods and offering compensation

21 December, 2023

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

15 December, 2023

Government confirms it will engage with Ofgem in its work to revise the standing charge model

However, response to Select Committee fails to commit to action on recommendations relating to the introduction of a social tariff or to the updating of rules around eligibility for the cold weather payment

14 December, 2023

Money and Mental Health calls for FCA to carry out immediate review of consumer credit collection practices to address the harm caused by high volumes of arrears communications

Recommendation responds to new research that found that around half of people who are behind on payments say they feel harassed or overwhelmed by the volume of contact

1 December, 2023

MPs call for DLUHC action to ensure councils in England are not aggressively chasing council tax debt from those who can least afford it

Select Committee says use of enforcement agents should always be a last resort and can never be justified for those who genuinely cannot afford to pay

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