Debt Respite Scheme (Breathing Space) Guidance for creditors
This guidance has been recently updated by the Insolvency Service, and can be found here. There are two types of breathing space namely a standard breathing space and a mental health crises breathing space. There are differences between them both. A mental health crises breathing space is only available where the person is receiving mental health crisis treatment, and it has some stronger protections. It lasts as long as the person’s mental health crisis treatment, plus 30 days (no matter how long the crisis treatment lasts). So this means for a creditor that they may not be able to take enforcement action to collect their debt for a considerable period of time if mental health crises treatment is continued for a long period of time and a breathing space has been granted. The courts are still working out the meaning of various parts of the new regulations in case law. Reported cases include Kaye v Lees [2023] EWHC 758 which can be found here
Contact Us
For more information about our members and services please contact us.
Our telephone number in Southampton United Kingdom is +44 (0) 2381 511511.
For clients wishing to have a conference in London United Kingdom then please dial the London UK appointments number of +44 (0)203 407 0047.
Alternatively, you may email practicemanager@tennysonchambers.com.