This practice direction supplements CPR rule 70.7

General

1.1 This practice direction is made under rule 70.7 and makes provision in relation to the debt respite scheme established by the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 [(SI 2020/1311] (“the 2020 Regulations”), which are made under section 7 of the Financial Guidance and Claims Act 2018.  This practice direction makes provision for those procedural matters which are not covered by the 2020 Regulations, and should be read alongside those Regulations.

1.2 Unless the contrary intention appears, words and phrases used in this practice direction have the meaning given in the 2020 Regulations.

Applications and Appeal

2.1 The following applications and appeal under the 2020 Regulations must be made under Part 23 (and Rules 23.2(4) and 23.2(4A) apply where a claim has not already been issued):

(a) an application under regulation 7 (permission to take certain steps);

(b) an application under regulation 19 (request for cancellation of a moratorium);

(c) an appeal under regulation 38(9) (appeal against an unsuccessful application to a debt advice provider for non-disclosure of the debtor’s usual residential address).

2.2 Applications under regulation 7 and regulation 19 of the 2020 Regulations must be heard on notice to the debtor, any joint debtor and the relevant debt advice provider.

2.3 An appeal under regulation 38(9) of the 2020 Regulations must be heard on notice to the relevant debt advice provider. The court must ensure that the debtor’s usual residential address is not disclosed to third parties pending determination of the appeal.

Notifications to the court

3.1 A notification under regulation 10(1) of the 2020 Regulations must—

(a) be made in writing;

(b) state that the debt is subject to a breathing space moratorium or a mental health crisis moratorium;

(c) where possible, state the date on which the moratorium commenced;

(d) where possible, be accompanied by a copy of the notification provided by the Secretary of State under regulation 4(4) of the 2020 Regulations.

3.2 If a moratorium debt is cancelled pursuant to regulation 18 of the 2020 Regulations and the creditor wishes to notify the court of this, the notification must—

(a) be made in writing;

(b) state that the breathing space moratorium or a mental health crisis moratorium has been cancelled;

(c) where possible, state the date on which the moratorium was cancelled; and

(d) where possible, be accompanied by a copy of the notification provided by the Secretary of State under regulation 18(5)(b) of the 2020 Regulations.

3.3 Where the court is notified of a breathing space moratorium under regulation 10(1) of the 2020 Regulations, any hearing relating to enforcement of a court order relating to a moratorium debt that is scheduled to take place during the moratorium period must be adjourned to the next available date following the end of the moratorium period.

3.4 Where the court is notified of a mental health crisis moratorium under regulation 10(1) of the 2020 Regulations, any hearing relating to enforcement of a court order relating to a moratorium debt that is scheduled to take place after the notification is received must be adjourned generally, with permission for either party to restore.

3.5 Any existing proceedings subject to a mental health crisis moratorium must be referred to a judge for directions 6 months after the notification under regulation 10(1) of the 2020 Regulations is received.