The monthly round-up of news, guidance, legislation, and case law from Shelter's Specialist Debt Advice Service.
News and legal updates
In this month's legal round-up, find details on our ebulletin survey, credit report guidance for terminated IVAs and linked addresses, new regulations and consultations.
Specialist Debt Advice Ebulletin Survey 2023
We hope that our ebulletin remains relevant and useful to our readers and we would be most grateful if you would take five minutes to complete our annual SDAS ebulletin survey. This is your opportunity to let us know what you think and help us to understand whether we’re meeting your needs.
The survey will remain open until Monday 4 December.
Terminated IVAs and linked addresses
Experian has confirmed to us that information about an IVA is removed from the credit report if an IVA is terminated, as it is when a bankruptcy is annulled or a DRO is revoked.
In theory, this should be updated with all three credit reference agencies, but it doesn’t always happen so smoothly. Sometimes it is worth checking. If IVA information is still on the record, a query can be raised to get it updated.
Experian has also confirmed it is switching to a system where all linked addresses will show on the credit report. This is so that anything under that person’s name at those addresses will show. It also saves having to check the report then to have to get another report if they missed an address for example. If there are any linked addresses that the client does not recognise, this should be disputed with the credit reference agency.
Council tax liability in Houses in Multiple Occupation
New regulations will ensure that a House in Multiple Occupation (HMO) is always considered a single dwelling for council tax, and that the owner of the HMO is the liable person.
The regulations come into force on 1 December 2023.
Persons at risk of violence applications
The Courts and Tribunals Judiciary has clarified that the list in paragraph 16.3 of the Insolvency Proceedings Practice Direction should be read to include Central London County Court. This court is not a District Registry but has resident specialist insolvency District Judges.
The practice note also confirms that the purpose of limiting the judiciary who may hear an application is to confine the applications to judges with experience of insolvency.
Practice Note from the Chief Insolvency and Companies Court Judge: Persons at Risk of Violence
Insolvency proceedings practice direction
Insolvency options and the treatment of disability benefits article
Lorraine Charlton from the Citizens Advice Expert Advice team has published a new article on how disability benefits such as Personal Independence Payment, Disability Living Allowance and Attendance Allowance are treated when assessing the client’s surplus income and whether this might differ depending on the insolvency option they choose.
Insolvency options and the treatment of disability benefits
Views sought for a possible replacement of the standing charge
Ofgem has launched a ‘call for input’ on the standing charge and what alternatives might be considered. Ofgem is seeking views from charities, consumer groups, businesses, bill-payers and suppliers.
The call for input is open until Friday 19 January 2024.
Ofgem opens up conversation on energy standing charges, ahead of winter
Claimants’ details about money judgments to show in credit reports
The Ministry of Justice has published a consultation proposing to include the claimant’s name in entries about money judgments on the Register of Judgments, Orders and Fines. The consultation seeks views on:
the potential benefits of including claimant names on the Register
any potential disadvantages and/or risks to either the claimant or defendant as a result of the publication of this data
Publishing claimant details on the Register could help individuals identify who has obtained a judgment against them. It can also help debt advisers and DRO approved intermediaries to contact the creditor to get the up to date balance and list the creditor in a DRO for example.
The consultation closes on 16 January 2024.
Including claimant data on the Register of Judgments, Orders and Fines
Proposed increases to selected court and tribunal fees consultation
The Ministry of Justice (MoJ) has published a consultation seeking views on its proposed increases to selected court and tribunal fees. The proposals are to:
make routine updates to fees every two years
retain the council tax liability order fee at its 50p value
The consultation closes on 22 December 2023.
This is in addition to the increased thresholds ‘Help with Fees’ scheme reported in our October 2023 ebulletin.
Implementing increases to selected court and tribunal fees
Debt matters round up October 2023
Future Debt Strategy Update webinar
The Money and Pensions Service (MaPS) will be holding a webinar to discuss the work it is doing to develop their strategic approach to debt advice and future debt advice commissioning strategy.
Their aim is to also seek views on the approach during a consultation phase early in 2024.
The webinar is due to take place on Tuesday 5 December, 10 – 11.30am.
Webinar: MaPS Future Debt Strategy Update
Case law
Find debt case law summaries by topic on Shelter Legal.
Relief from sanctions
Courts must apply a three-stage test when dealing with applications under CPR 3.9 for relief from sanctions.
Pensions and enforcement of judgment debts
Aadal Shafiq examines recent caselaw, revealing a growing trend to prioritise creditors' rights in debt recovery from pension funds.