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Friend been issued S8 G8,10,11,17 how can she sort this fast

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Comments

  • Standingstrong
    Standingstrong Posts: 428 Forumite
    100 Posts First Anniversary Name Dropper Photogenic
    edited 6 February 2023 at 5:12PM
    The letting agents told her to contact a company to do breathing space 

    the man on phone told her it’ll last for 2 months and they can’t carry on the posession proceedings ?

    is this correct so I can let her know .. 

    as per it says online 

    “A standard breathing space is available to anyone with problem debt. It gives them legal protections from creditor action for up to 60 days.”
  • Wonka_2 said:
    The letting agents told her to contact a company to do breathing space 

    the man on phone told her it’ll last for 2 months and they can’t carry on the posession proceedings ?

    is this correct so I can let her know .. 

    as per it says online 

    “A standard breathing space is available to anyone with problem debt. It gives them legal protections from creditor action for up to 60 days.”
    But she doesn't have a problem debt - you told us it was all resolved and she had full access to her accounts and was paid up to date ??

    So what's the full story ?
    They’re telling her to do this breathing space thing so the landlord stops proceedings
    so that she can find somewhere else 

    is it 60 days they can’t do anything for?
  • I'm not familiar with the breathing space rules, or whether they apply only to enforcement of the arrears  or toeviction proceedings too.

    https://www.gov.uk/government/publications/debt-respite-scheme-breathing-space-guidance/debt-respite-scheme-breathing-space-guidance-for-creditors. But it does seem it should not apply here as the funds are now available.

    2.6 Qualifying debts
    Debts or liabilities included in a breathing space must be qualifying debts as defined by the regulations. Debts are any sum of money owed by the debtor to you, while liabilities are any obligation on the debtor to pay money to you. Most debts and liabilities are likely to be qualifying debts. These will include:
    • credit cards
    • store cards
    • personal loans
    • pay day loans
    • overdrafts
    • utility bill arrears
    • mortgage or rent arrears
  • ayupmeduck
    ayupmeduck Posts: 246 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    edited 6 February 2023 at 5:36PM
    The letting agents told her to contact a company to do breathing space 

    the man on phone told her it’ll last for 2 months and they can’t carry on the posession proceedings ?

    is this correct so I can let her know .. 

    as per it says online 

    “A standard breathing space is available to anyone with problem debt. It gives them legal protections from creditor action for up to 60 days.”
    sound very much like credit cards and loans not rent

    Edit: ignore after reading above

    Debt £7976 | Savings £350Aims: Buy first home 2026-8. £20k deposit
  • There's more here:
    https://nationaldebtline.org/fact-sheet-library/breathing-space-ew/

    Your home
    • If you rent your home, in most cases your landlord will not be able to start court action to evict you for rent arrears whilst you are in breathing space.
    • If you have a mortgage, in most cases your mortgage lender will not be able to start court action to repossess your home whilst you are in breathing space.
    You will be expected to maintain your usual ongoing mortgage or rent payments during breathing space. 


    but note also


    Your creditors can ask your debt adviser to review your breathing space. This could happen if the creditor felt that:
    • you do not meet the eligibility criteria;
    • the debt you have with them is not eligible for breathing space; or
    • you have enough money to repay the debt.
    Your debt adviser will carry out the review. The debt adviser can cancel your breathing space if they agree there are sufficient grounds.
    If your lender is unhappy with the outcome of the review, they can apply to court to try to get your breathing space cancelled or have their debt removed.
    If the court agrees with your creditor’s request for review, you may be asked to pay the creditor’s costs.


  • Your home
    • If you rent your home, in most cases your landlord will not be able to start court action to evict you for rent arrears whilst you are in breathing space.

    So they won’t be able to do anything then?
    • unforeseen
      unforeseen Posts: 7,414 Forumite
      Part of the Furniture 1,000 Posts Photogenic Name Dropper
      Your home
      • If you rent your home, in most cases your landlord will not be able to start court action to evict you for rent arrears whilst you are in breathing space.

      So they won’t be able to do anything then?
        Is your friend still in arrears? I thought they were now up to date? 
      • goater78
        goater78 Posts: 193 Forumite
        100 Posts Photogenic
        Breathing space is where a debt management company on behalf of a client will request a 60 day hold on the account from the creditor. During this period the creditor are not to contact the debtor to give them time to come up with a plan to manage their debt. 

        I don’t see why this applies to the OP’s friend as they’re not in debt. 
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