Applying to the court as a creditor of a debt in a breathing space
Guidance for creditors applying to take a debt recovery step, cancel or amend the ‘breathing space’, or have a debt removed.
Applies to England and Wales
The Debt Respite Scheme (Breathing Space) gives someone in problem debt the right to legal protections from their creditors.
This guidance is intended to help you apply to the court to take action against a debt in a breathing space.
See our supporting guidance on how to understand the scheme and your responsibilities to the court under the regulations of the scheme.
If you are applying on behalf of a local authority about a debt from a penalty charge notice, refer to your copy of the Traffic Enforcement Centre guidance.
If you owe a debt that you think is eligible for a breathing space, you should get advice from a debt adviser.
If you have any questions about a specific breathing space, contact the debt adviser whose details are in the notification you received. Do not contact the court.
Apply for permission to take a step in recovering a debt
For council tax debt see Apply for permission to take a step in recovering a council tax debt.
You can apply to the court for permission to enforce a court order or judgment, or issue a money claim on a debt within a breathing space. You may apply for a debt that you have not issued a claim for yet, or where there the debt is subject to ongoing court proceedings.
You can only apply if you have been notified that a debt owed to you is in a breathing space.
You can apply for permission to:
- issue a new claim
- enter a default judgment
- issue any form of enforcement application
- continue with any form of enforcement already issued
How to apply
Complete application form N244C: Apply for permission to take enforcement action in respect of a debt in a breathing space.
You must send your application to the debtor’s local county court, as it will require a hearing. Find the debtor’s local county court.
Do not send your application to the Civil National Business Centre (CNBC) or Traffic Enforcement Centre (TEC).
You will need to pay for your application. The fee is £275. You may be able to get help to pay the fee and other court fees if you have a low income or are on certain benefits.
Apply for permission to take a step in recovering a council tax debt
You need to apply to the magistrates’ court for permission to:
- issue a summons for a new liability order
- issue a warrant of commitment
- take any form of enforcement action under an existing liability order
- continue with a liability order application following issue of a summons
How to apply
Your application must follow the standard complaint and summons procedure.
You must apply to the court office for the local justice area where your council normally applies. Find the court you need to apply to.
Once a summons is issued by the court, you must serve it on the debtor and the debt adviser named in the breathing space notification.
You will need to pay for your application. Please see our guidance on fees in the civil and family courts.
Apply to cancel a breathing space or remove a debt from a breathing space
You must first ask the debt adviser to review whether the debt owed to you should be in a breathing space. You must do this within 20 days of the debt entering a breathing space or you cannot apply.
If you disagree with the debt adviser’s decision to include it, you can apply to the court to cancel the whole breathing space or remove the debt from it. You should use the same reasons as you used in your request to the debt adviser.
You will need to apply to the court as a new claim.
You can only apply to the court within 50 days of the debt that you are owed entering a breathing space.
You should attach any supporting evidence to your application where possible.
If the breathing space is cancelled for all or some of the debts, the court will tell the Insolvency Service so that they can update the breathing space register.
How to apply
Complete application form N244D: Apply to cancel (all or part) of a breathing space in respect of a debt.
You must send your application to the debtor’s local county court, as it will require a hearing. Find the debtor’s local county court.
Do not send your application to the Civil National Business Centre (CNBC) or Traffic Enforcement Centre (TEC).
You will need to pay for your application. The fee is £275. You may be able to get help to pay the fee and other court fees if you have a low income or are on certain benefits.
Last updated 30 September 2021 + show all updates
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Updated fee published.
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Welsh translation added.
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First published.