The Debt Respite Scheme, commonly known as 'breathing space,' has been in place for over three years, and has been the subject of numerous court judgments in that time. But what is the overall impact of those cases? Have they served to strengthen the scheme, or undermine it?

Andy and Antonio are joined by Luke Oliver of the Specialist Debt Advice Service at Shelter for the first part of this two-part discussion of breathing space and the court decisions that have shaped it.

Court cases cited in this episode:

• Brake & Anor v Guy & Ors [2022] EWHC 2797 (Ch)
• Carter v Davies [2024] EWHC 1536 (Ch)
• Kaye v Lees (2) [2023] EWHC 152 (KB)
• Kaye v Lees (3) [2023] EWHC 758 (KB)
• West One Loan v Salih [2022] (unpublished, Central London County Court) - summary on Shelter Legal

Other links:

• Debt Respite Scheme regulations

• Shelter Specialist Debt Advice Service - sign up for their ebulletin
• Join the IMA

The UK general election is upon us, slightly earlier than anticipated, which means it's time to have a really good Debt Reckon about what the next government should change about the world of debt and debt advice.

Andy has been speaking to delegates at the IMA Conference, asking them what one change they would make to Make Advice Great Again (don't abbreviate that). In this episode, he and Antonio discuss their answers - from changing funders' targets to fixing Universal Credit - and reflect on what the priorities for the next government should be.

Become a member of the IMA: https://www.i-m-a.org.uk/membership/become-a-member/

Antonio and Andy look ahead to the IMA Conference, which takes place on Wednesday 12th June at the Rep Theatre in Birmingham. Book your place on the IMA website: https://www.i-m-a.org.uk/other-services/ima-conference/

Topics of discussion: The FCA consumer duty, forthcoming changes to debt relief orders, how to solve the problem of energy debt and another interesting item of case law.

Links:

• Changes to debt relief orders: https://www.gov.uk/government/news/changes-to-debt-relief-orders-will-support-people-in-financial-distress
• Santander Consumer (UK) plc v Chaudhry [2024] EWHC 170 (KB): https://www.bailii.org/ew/cases/EWHC/KB/2024/170.html

Andy and Antonio introduce Debt Reckoning, the podcast of the Institute of Money Advisers.

In this episode, we discuss the recently-concluded Money and Pensions Service consultation into their future strategy for debt advice. We then move on to the weird world of Freemen-on-the-Land, and some recent case law that might change the way we advise on council tax... or not.

Links:

• MaPS consultation on its future debt advice strategy: https://maps.org.uk/en/publications/consultations-and-responses/2024/consultation-on-MaPS-proposals-for-delivery-of-debt-advice-strategy
• IMA response to the MaPS consultation: https://www.i-m-a.org.uk/download/15525/
• Case transcript of Leighton v Bristow & Sutor (£): https://www.scribd.com/document/695844390/Leighton-V-Bristow-Sutor-Cardiff-Hcj-Judgment-20230920-V-Final

Get in touch

If you any questions or comments about Debt Reckoning, or a suggestion for a future episode or guest, you can email the IMA at office@i-m-a.org.uk.