The monthly round-up of news, guidance, legislation, and case law from Shelter's Specialist Debt Advice Service.
News and legal updates
This month's legal round up includes information on court fees increases, new DWP powers, and an enforcement agent fee charging review.
Increase in court fees
The Ministry of Justice (MoJ) has announced a number of court fee rises to take effect from 13 July 2026, subject to parliamentary approval. The MoJ states that the purpose of the changes is to strengthen cost recovery, improve consistency in how and where fees are charged, and maintain fair access to justice for all. Court fees will also increase to account for inflation.
The fee increases include:
general application (on notice) such as applying to set aside a county court judgment, increased to £321 from £313
application to vary a judgment or suspend enforcement, increased to £16 from £15
application to review an official receiver’s decision, increased to £326 from £318
Court and tribunal fees: updates from July 2026
New DWP powers to enforce overpayment recovery
From 24 June 2026, the DWP has the power to enforce benefit overpayment recovery through direct deductions from bank accounts and can make disqualification from driving orders.
The DWP have published new guidance on ‘DWP Direct Deduction and Disqualification from Driving Orders: Code of Practice’.
The Public Authorities (Fraud, Error and Recovery) Act 2025 (Commencement No. 3) Regulations 2026
DWP Direct Deduction and Disqualification from Driving Orders: Code of Practice
Enforcement Conduct Board on new standards for fee charging
The Enforcement Conduct Board (ECB) carried out a review of enforcement agent fee charging practices and has found inconsistencies in the way firms are applying fees.
The ECB found inconsistencies, including:
how cases are identified and linked
when enforcement fees are triggered
how and when sale fees are applied
The ECB is concerned that the variations in how firms charge fees are leading some people unfairly paying more in fees or paying them earlier in the enforcement process. The ECB intends to consult on new Standards in 2026, for implementation in 2027.
ECB inconsistencies in fee-charging practices
Illegal money lending team report on peoples lived experience
The Illegal Money Lending Team (IMLT) has published a new report on the lived experience of people borrowing from loan sharks in England. The real-life experiences in the report aims to help deepen understanding, challenge assumptions and help create more effective and compassionate responses to illegal money lending.
Spotlight
This month's article from Shelter.
Breathing space resources
It has been just over five years since the introduction of breathing space under the Debt Respite Scheme, and the case law has grown over the past several years. The government is due to carry out a formal review of breathing space as required by Regulation 40.
Shelter Legal breathing space pages have been updated with key case law.
A breathing space moratorium gives a person in debt a 60-day pause in enforcement action from their creditors.
Mental health crisis moratoriums
A mental health crisis moratorium provides someone receiving mental health crisis treatment with a break in creditor enforcement action.
Breathing space and possession proceedings
A landlord or lender cannot take possession action due to rent or mortgage arrears while someone is in a breathing space or mental health crisis moratorium.