01
Enforcement
Most enforcement and recovery action relating to an included Breathing Space debt must be paused while the statutory protection applies.
DEBT RESPITE SCHEME · ENGLAND & WALES
Breathing Space Debt Protection
Temporary legal protection from creditor action while you receive debt advice and consider what happens next.
The Debt Respite Scheme — commonly known as Breathing Space — can provide eligible people with a period of statutory protection from certain creditor action while their financial position is reviewed.
✓
England & Wales
✓
Statutory Protection
✓
Debt Advice Required
STANDARD BREATHING SPACE
60
DAYS
A period of temporary statutory protection designed to give eligible people time to receive debt advice and consider their financial position.
UNDERSTANDING BREATHING SPACE
What Is the Breathing Space Debt Respite Scheme?
02
THE BASICS
DIRECT ANSWER
Breathing Space is a statutory scheme in England and Wales that can give eligible people in problem debt temporary legal protection from certain creditor action while they receive debt advice and consider how to deal with their financial situation.
A Standard Breathing Space can provide protection for up to 60 days. During that period, creditors must apply the scheme's protections to qualifying debts included within the Breathing Space.
WHAT THE PROTECTION CAN MEAN
Time and space to understand what happens next.
Once a qualifying debt is included in a Breathing Space, important restrictions are placed on what creditors can do in relation to that debt.
02
Creditor Contact
Creditors are generally restricted from contacting you to request payment or pursue recovery of debts protected by the Breathing Space.
03
Interest
Most interest relating to qualifying debts included within the Breathing Space is frozen for the period of protection.
04
Fees & Charges
Most relevant fees, penalties and charges on protected debts are also frozen while the Breathing Space remains in force.
IMPORTANT
PROTECTION ≠ DEBT SOLUTION
Breathing Space does not make the debt disappear.
Breathing Space is designed to create a temporary period of protection. It does not itself repay, settle or write off the debts that have been included.
You remain legally responsible for your debts and liabilities, and Breathing Space is not a payment holiday. The purpose of the scheme is to provide time to receive debt advice and consider how the underlying financial problem should be addressed.
BREATHING SPACE
Creates temporary protection
NOT THE SAME AS
DEBT SOLUTION
Deals with the underlying debt
WHY IT EXISTS
Creating room to make an informed decision.
When creditor contact, arrears or enforcement pressure is increasing, it can become difficult to properly assess the wider financial position.
Breathing Space is intended to create a defined period in which eligible people can engage with debt advice without certain creditor activity continuing around them.
What happens after that period depends on the individual's circumstances. A longer-term debt solution or arrangement may be considered, but Breathing Space does not determine which route should be taken.
Important: Breathing Space can only be started through an eligible debt advice provider after eligibility and appropriateness have been considered. Stop Your Debt UK does not itself start a Breathing Space or provide regulated debt advice. Where regulated debt advice is required, we can help connect a case with an appropriately authorised professional.
STATUTORY PROTECTION
What Protection Does Breathing Space Give You?
Once a qualifying debt is included in a Breathing Space, statutory restrictions apply to certain actions a creditor can take in relation to that debt.
The purpose is to reduce immediate creditor pressure while you engage with debt advice and consider how the underlying financial problem should be addressed.
During Breathing Space, the focus temporarily moves away from debt recovery and towards debt advice and finding a way forward.
01
Enforcement Action
Most enforcement and recovery action relating to a qualifying debt included in the Breathing Space must be paused while the statutory protection applies.
WHAT THIS MEANS
A creditor cannot simply continue normal recovery activity on a protected debt as though the Breathing Space did not exist.
02
Creditor Contact
Creditors are generally restricted from contacting you to request payment of a qualifying debt that has been included in the Breathing Space.
WHAT THIS MEANS
The scheme is intended to reduce payment demands and recovery pressure while the protected period is in force.
03
Interest
Most interest relating to qualifying debts included in the Breathing Space is frozen for the period in which the protection applies.
WHAT THIS MEANS
The protected debt should not continue increasing through interest in the normal way during the moratorium, subject to the scheme's rules.
04
Fees & Charges
Most relevant fees, penalties and charges relating to qualifying debts are also frozen while the Breathing Space protections remain in force.
WHAT THIS MEANS
The scheme limits the addition of further qualifying costs while the person is receiving statutory protection.
AN IMPORTANT DISTINCTION
The protection applies to included qualifying debts.
Breathing Space should not be interpreted as a blanket freeze on every financial obligation or every form of creditor activity.
The statutory protections apply according to the Debt Respite Scheme rules and to debts that fall within the scheme. Some debts and liabilities are excluded or may be treated differently.
Whether a particular debt is protected should therefore be established as part of the Breathing Space process rather than assumed.
PROTECTION
Protection from recovery action does not mean the debt has been written off.
The underlying debt remains. Breathing Space creates a temporary period in which certain creditor activity is restricted, giving eligible people an opportunity to engage with debt advice and consider what happens after the protection ends.
STANDARD BREATHING SPACE
How Long Does Standard Breathing Space Last?
A Standard Breathing Space can provide statutory protection for up to 60 days. During that period there is an important midway review to determine whether the Breathing Space should continue.
UP TO
60
DAYS
TEMPORARY STATUTORY PROTECTION
A defined period to receive debt advice and consider how the underlying debt should be addressed.
Standard Breathing Space is deliberately temporary. It creates a period in which qualifying protections can apply, but it is not intended to leave the underlying financial position unresolved when the protection ends.
THE STANDARD BREATHING SPACE TIMELINE
DAY 1
Protection Begins
Once the Breathing Space starts, the statutory protections begin to apply to qualifying debts included within the scheme.
DURING THE PERIOD
Engage With Debt Advice
The protected period provides time to engage with the debt adviser, review the financial position and consider how the debts may need to be dealt with.
DAYS 25–35
Midway Review
The debt adviser must carry out a midway review during this period to consider whether the requirements are being met and whether the Standard Breathing Space should continue.
UP TO DAY 60
Protection Ends
If it has not ended earlier, a Standard Breathing Space normally ends 60 days after it started.
THE MIDWAY REVIEW
What happens between days 25 and 35?
A Standard Breathing Space is not simply started and then automatically left untouched for 60 days. The debt adviser has a statutory responsibility to conduct a midway review.
01
Consider whether the person is complying with their obligations during the Breathing Space.
02
Consider whether a debt solution has been put in place for the debts covered by the Breathing Space.
03
Confirm whether the debt adviser has been able to maintain the required communication with the person.
04
Decide whether the Standard Breathing Space should continue or whether there are grounds for it to end early.
YOUR RESPONSIBILITIES
Breathing Space comes with ongoing obligations.
The protections do not remove the need to engage with the process. During a Standard Breathing Space, there are responsibilities that can affect whether the protection continues.
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Engage with your debt adviser
Continue communicating and provide information needed during the Breathing Space.
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Keep information up to date
Tell the debt adviser about relevant changes in your circumstances or debts that were not originally identified.
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Continue ongoing liabilities where required
Breathing Space is not a payment holiday. Ongoing liabilities should continue to be dealt with in accordance with the scheme requirements and your circumstances.
✓
Use the period constructively
The purpose is to create time for debt advice and to consider how the financial position should be addressed.
IMPORTANT
“Up to 60 days” does not mean the protection can never end earlier.
A Standard Breathing Space can end before day 60 in certain circumstances — for example, following the applicable review process or where a debt solution covering the Breathing Space debts has been put in place. The debt adviser applies the statutory rules when deciding whether the protection should continue.
STANDARD BREATHING SPACE ELIGIBILITY
Who Can Qualify for Standard Breathing Space?
Breathing Space is designed for people in problem debt, but access is subject to statutory eligibility conditions and an assessment by a debt adviser.
Meeting the basic criteria does not, by itself, mean a Breathing Space will automatically be started.
IN SIMPLE TERMS
To enter a Standard Breathing Space, you must meet the scheme's eligibility requirements, owe at least one qualifying debt and be unable — or unlikely to be able — to repay all or some of your debts as they fall due. A debt adviser must also consider Breathing Space appropriate for your circumstances.
THE ELIGIBILITY FRAMEWORK
The debt adviser will need to establish a number of things.
You Must Be an Individual
Standard Breathing Space is available to individuals who meet the scheme requirements.
England or Wales
You must live or usually reside in England or Wales. The Debt Respite Scheme does not apply on the same basis elsewhere in the UK.
At Least One Qualifying Debt
You must owe at least one debt that qualifies for protection under the Breathing Space rules.
Difficulty Repaying Your Debts
The debt adviser must be satisfied that you cannot, or are unlikely to be able to, repay all or some of your debts as they fall due.
No Conflicting Formal Procedure
At the time you apply, you must not have a Debt Relief Order, Individual Voluntary Arrangement or interim order, and you must not be an undischarged bankrupt.
Previous Breathing Space
You must not already be in a Breathing Space and, for Standard Breathing Space, you must not have had another Standard Breathing Space within the previous 12 months.
ELIGIBILITY IS ONLY PART OF THE DECISION
Being eligible does not automatically mean Breathing Space is appropriate.
Before starting a Standard Breathing Space, the debt adviser must consider whether the protection is appropriate for the person's circumstances.
That assessment looks beyond a simple eligibility checklist. The adviser considers the wider financial position and whether Breathing Space is needed to provide time for advice or to establish an appropriate way of dealing with the debts.
THE ADVISER MAY CONSIDER
01
Whether funds or income are available to pay debts as they fall due.
02
Whether a debt solution may be appropriate now or in the immediate future.
03
Whether Breathing Space is needed to properly assess the available options.
04
Whether the protection would help while an appropriate debt solution is being considered or put in place.
STEP ONE
Do you meet the eligibility criteria?
STEP TWO
Is Breathing Space appropriate?
OUTCOME
The debt adviser decides whether to start it.
i
Breathing Space must be accessed through a debt adviser.
A Standard Breathing Space can only be started by an eligible debt advice provider after the person's eligibility and circumstances have been considered. Stop Your Debt UK does not itself determine eligibility, recommend entry into Breathing Space or start the statutory protection. Where regulated debt advice is required, we can help connect a case with an appropriately authorised professional.
QUALIFYING DEBTS
Which Debts Can Be Included in Breathing Space?
Most personal debts and liabilities are capable of qualifying for Breathing Space protection, but there are important exceptions.
The debt adviser identifies which debts qualify and which must be excluded under the statutory rules.
THE GENERAL POSITION
The starting point is that most personal debts are likely to qualify — rather than Breathing Space being restricted to one particular type of borrowing.
SPECIFIC EXCLUSIONS
Some debts are not protected.
The regulations specifically exclude certain debts and liabilities from Breathing Space protection.
×
Court fines for an offence
This includes associated interest, penalties and charges. It does not mean every type of penalty notice is automatically excluded.
×
Student loans
Student loan liabilities are specifically excluded from Breathing Space protection.
×
Child maintenance & certain family obligations
Child maintenance and obligations arising under certain family court orders are excluded.
×
Debts arising from fraud
Debts incurred through fraud or fraudulent breach of trust are excluded under the scheme.
×
Confiscation orders
Obligations arising from a confiscation order are excluded.
×
Universal Credit advances
Advance payments of Universal Credit are excluded from the current Breathing Space protections.
×
Social Fund crisis or budgeting loans
These particular Social Fund liabilities are excluded from the scheme.
×
Certain personal injury or death damages
Damages payable for causing another person's death or personal injury are excluded.
SECURED DEBT
AN IMPORTANT DISTINCTION
Existing arrears can be protected. Future payments are different.
Secured borrowing — such as a mortgage, hire purchase or conditional sale agreement — requires particular care. Arrears that already exist when the Breathing Space starts can potentially be included, but the underlying secured debt itself is excluded.
New secured arrears that arise after the Breathing Space begins are not protected in the same way. For a Standard Breathing Space, certain ongoing liabilities should continue to be paid where possible.
SITUATIONS WORTH KNOWING ABOUT
Joint debts and guarantor loans.
JOINT DEBTS
A joint debt can be included even if only one person enters Breathing Space.
Where a qualifying joint debt enters Breathing Space, enforcement protection relating to that joint debt can also apply to the other person who owes it.
However, the other person's separate debts and liabilities do not automatically receive Breathing Space protection.
GUARANTOR LOANS
A guarantor loan can qualify — but the guarantor is not automatically protected.
Breathing Space protection for the borrower does not extend to the person who guaranteed the borrowing.
A guarantor would need to qualify for their own Breathing Space for their personal position to receive protection.
WHAT ABOUT BUSINESS DEBTS?
Some business-related debts can qualify — but not all of them.
Business debts can sometimes fall within Breathing Space where the individual is personally liable. However, a debt that relates only to the business will not qualify where the individual is VAT registered or is in business partnership with someone else.
Explore Business Debt Help
Do not assume a debt is protected simply because a Breathing Space has started.
The debt must qualify under the statutory scheme and be included in the Breathing Space. The debt adviser is responsible for identifying qualifying debts and updating the Breathing Space where appropriate.
PAYMENTS DURING BREATHING SPACE
Breathing Space Is Not a Payment Holiday.
Breathing Space restricts certain creditor action. It does not mean every payment or financial obligation can simply be stopped for 60 days.
Understanding this distinction is important because some ongoing liabilities should continue to be paid while the protection is in force.
WHAT BREATHING SPACE CAN DO
✓
Temporarily restrict certain creditor action.
For qualifying debts included within the scheme, Breathing Space can pause most enforcement, restrict certain creditor contact and freeze most interest, fees and charges while the protection applies.
≠
WHAT IT DOES NOT DO
×
Give automatic permission to stop every payment.
The debts still exist, and certain ongoing liabilities remain important during the Breathing Space. The scheme should not be treated as a general 60-day suspension of household bills or other financial commitments.
ONGOING LIABILITIES
What may still need to be paid?
During a Standard Breathing Space, the debtor is expected to continue paying certain ongoing liabilities where they have the means to do so.
These are different from arrears that already existed when the Breathing Space began.
Housing Payments
Ongoing rent and mortgage payments remain important, even where existing rent or mortgage arrears have been included within the Breathing Space.
Utility Bills
Current gas and electricity charges for ongoing supply should continue to be dealt with, even where earlier utility arrears are protected.
Insurance
Ongoing insurance premiums are among the liabilities that may need to continue to be paid during the Breathing Space.
Taxes
Certain taxes and duties that become due during the Breathing Space can remain ongoing liabilities.
Water & Communications
Ongoing water, telephone, internet and similar household service charges can remain payable while the protection is in force.
Secured Borrowing
Ongoing payments on secured borrowing can remain important even where arrears that existed before the Breathing Space have qualified for protection.
THE KEY DISTINCTION
Existing arrears and new bills are not necessarily treated the same way.
BEFORE BREATHING SPACE
Existing arrears
A qualifying debt or arrears that already existed when Breathing Space began may be included and receive the statutory protections.
DURING BREATHING SPACE
New ongoing liabilities
New bills and liabilities that arise during the protected period may still need to be paid and do not automatically receive the same protection as existing arrears.
WHY THIS MATTERS
Falling behind with ongoing liabilities can affect the Breathing Space itself.
As part of the midway review, the debt adviser considers whether the debtor has met their obligations under the scheme. Where the debtor has the means to pay ongoing liabilities but does not do so, this can be relevant when deciding whether the Standard Breathing Space should continue.
The debt adviser considers the person's circumstances and applies the statutory rules. An inability to make a payment is therefore different from simply choosing not to pay.
REMEMBER
Breathing Space protects time. It does not remove the responsibility to manage ongoing financial commitments where those commitments remain payable.
AN ALTERNATIVE ROUTE TO PROTECTION
Mental Health Crisis Breathing Space.
There is a separate form of Breathing Space for eligible people who are receiving qualifying mental health crisis treatment.
It recognises that someone experiencing a serious mental health crisis may not be able to engage with debt advice in the same way as someone entering Standard Breathing Space.
PROTECTION LASTS FOR
CRISIS
TREATMENT
TREATMENT
+
30
DAYS
NOT LIMITED TO 60 DAYS
Protection can continue for as long as qualifying crisis treatment continues.
Unlike Standard Breathing Space, Mental Health Crisis Breathing Space does not have a fixed 60-day duration. It continues for the period in which the person is receiving qualifying mental health crisis treatment and then for a further 30 days after that treatment ends.
This means the total protected period will depend on how long the qualifying crisis treatment lasts.
QUALIFYING TREATMENT
What does “mental health crisis treatment” mean?
The statutory definition is more specific than simply receiving treatment or support for a mental health condition.
THE SCHEME COVERS
Treatment for a mental health condition that justifies detention in hospital or removal to a place of safety, or other crisis, emergency or acute mental health treatment that an Approved Mental Health Professional considers to be of equivalent severity.
i
A person does not necessarily have to be detained
under the Mental Health Act.
Qualifying crisis treatment can include other crisis, emergency or acute treatment where an AMHP considers the statutory severity threshold to be met.
EVIDENCE OF CRISIS TREATMENT
The role of an Approved Mental Health Professional.
An Approved Mental Health Professional — usually referred to as an AMHP — is the professional who provides the evidence that the person is receiving qualifying mental health crisis treatment.
01
The AMHP assesses whether the treatment meets the statutory definition of mental health crisis treatment.
02
The AMHP completes the required Evidence of Mental Health Crisis Treatment form.
03
The evidence can then be provided to a debt advice provider so that eligibility for Mental Health Crisis Breathing Space can be considered.
ACCESSING THE PROTECTION
The person does not always have to make the request themselves.
Someone receiving qualifying mental health crisis treatment can seek access to the scheme themselves.
A carer can approach a debt adviser on the person's behalf.
Relevant professionals — including an AMHP, care coordinator, mental health nurse or social worker — can make a referral or application on the person's behalf.
An appropriate representative can also approach a debt adviser for Mental Health Crisis Breathing Space on the person's behalf.
UNDERSTANDING THE DIFFERENCE
Standard Breathing Space vs Mental Health Crisis Breathing Space.
STANDARD
Breathing Space
MENTAL HEALTH CRISIS
Breathing Space
Access
Through a debt adviser following debt advice and an
eligibility and appropriateness assessment.
Through a debt advice provider using evidence of qualifying
crisis treatment from an AMHP.
Duration
Up to 60 days.
For the duration of qualifying mental health crisis
treatment, plus a further 30 days.
Review
A midway review takes place between days 25 and 35.
There is no Standard Breathing Space midway review.
Ongoing crisis treatment is instead checked periodically.
Engagement
The person is expected to engage with their debt adviser
and meet the scheme's requirements.
The person receiving crisis treatment is not required to
engage with debt advice in the same way. A nominated point
of contact has an important role.
Frequency
Generally one Standard Breathing Space within a
12-month period.
There is no equivalent limit on the number of Mental
Health Crisis Breathing Spaces.
Creditor Protection
Statutory Breathing Space protections apply to qualifying
included debts.
Statutory Breathing Space protections apply to qualifying
included debts.
THE NOMINATED POINT OF CONTACT
Someone else can help maintain communication while crisis treatment continues.
Mental Health Crisis Breathing Space uses a nominated point of contact who can communicate with the debt adviser during the protected period. The debt adviser must periodically confirm whether the person is still receiving qualifying mental health crisis treatment.
When qualifying crisis treatment ends, the Mental Health Crisis Breathing Space normally continues for a further 30 days.
Mental Health Crisis Breathing Space has a specific
statutory eligibility test.
Receiving mental health treatment does not automatically mean someone qualifies for this route. The required evidence must come from an Approved Mental Health Professional, and an eligible debt advice provider makes the decision about starting the Mental Health Crisis Breathing Space after applying the scheme requirements.
Stop Your Debt UK does not certify mental health crisis treatment or start a Breathing Space. Where appropriate, we can help connect a case with the relevant authorised debt advice route.
STARTING A STANDARD BREATHING SPACE
How Do You Apply for Breathing Space?
You do not apply directly to your creditors or to a court. Standard Breathing Space is accessed through an eligible debt advice provider.
The adviser considers your financial circumstances, checks the statutory requirements and decides whether starting a Breathing Space is appropriate.
THE ROUTE INTO BREATHING SPACE
A Standard Breathing Space can only be started by an eligible debt advice provider after the required assessment has taken place.
HOW THE PROCESS WORKS
From initial debt advice to statutory protection.
The precise advice process will depend on the person's circumstances, but the route into a Standard Breathing Space broadly follows these stages.
01
START WITH DEBT ADVICE
Contact an eligible debt advice provider.
Standard Breathing Space begins with debt advice. The adviser needs enough information to understand the person's financial position and determine whether the scheme should be considered.
ACCESS
Advice can be provided online, by telephone or face-to-face.
02
UNDERSTAND THE FINANCIAL POSITION
Your circumstances are reviewed.
Information about income, expenditure, debts, creditors and the wider financial situation is gathered so the adviser can understand what is happening.
INFORMATION
Accurate information about debts and creditors helps ensure qualifying debts can be identified.
03
CHECK THE REQUIREMENTS
Eligibility and appropriateness are considered.
The adviser checks whether the statutory eligibility conditions are met and considers whether Breathing Space is appropriate for the person's circumstances.
IMPORTANT
Meeting the basic eligibility criteria does not by itself guarantee entry.
04
IDENTIFY THE DEBTS
Qualifying debts are identified.
The adviser identifies the debts that can qualify and gathers the creditor information needed for the Breathing Space application.
DEBTS
A Standard Breathing Space can begin with at least one qualifying debt.
05
START THE PROCESS
The details are entered onto the Breathing Space service.
If the adviser decides that Breathing Space is appropriate and the relevant conditions are satisfied, the person's details and qualifying debts are submitted through the Insolvency Service electronic service.
REGISTER
The electronic service records the Breathing Space and manages the statutory notifications.
06
PROTECTION BEGINS
Creditors are notified.
The electronic service sends notifications to the relevant creditors and agents. For debts entered when the case is started, the Standard Breathing Space begins the day after the person's details are placed on the register.
PROTECTION
The statutory restrictions then apply to qualifying Breathing Space debts in accordance with the scheme.
WHEN DOES IT ACTUALLY START?
Register today.
Breathing Space starts tomorrow.
The statutory protection does not begin simply because someone has spoken to a debt adviser or asked about Breathing Space.
Once the debt adviser has completed the required steps and enters the person's details onto the Insolvency Service register, the Breathing Space starts on the following day.
WHAT IF A DEBT WAS MISSED?
Additional qualifying debts can sometimes be added after the Breathing Space begins.
A debt may only come to light after the Breathing Space has started. If the debt adviser becomes aware of another debt during the first 45 days, they must decide whether it is a qualifying debt and, if it is, add it to the electronic service.
The protection for that additional debt applies when the creditor receives — or is treated as having received — the notification. Adding it does not restart or extend the original Breathing Space period.
WHERE STOP YOUR DEBT UK FITS
We can help you understand the situation and connect you with the appropriate route.
Stop Your Debt UK does not itself provide regulated debt counselling, determine whether Breathing Space is suitable for you or enter someone onto the statutory Breathing Space service.
Where regulated debt advice is required, we can help organise the information surrounding your case and connect you with an appropriately authorised professional who can assess your circumstances and available options.
Get Support
Asking about Breathing Space does not itself activate
creditor protection.
The statutory protection only begins once the formal process has been completed and the Breathing Space has started under the scheme.
USING THE PROTECTED PERIOD
What Happens During the 60 Days?
Breathing Space creates a temporary period of protection, but the purpose of those 60 days is to give you time to engage with debt advice and consider how the underlying financial problems should be addressed.
It is therefore better viewed as a period for review, advice and preparation — rather than simply a countdown until creditor action can resume.
THE PURPOSE OF THE 60 DAYS
Protection creates time. What you do with that time can help determine what happens when the Breathing Space ends.
THE BREATHING SPACE JOURNEY
From immediate protection towards a longer-term way forward.
01
Immediate pressure can reduce.
Once the Standard Breathing Space begins, the statutory restrictions apply to qualifying included debts. This creates the protected period in which the wider financial position can be considered.
02
Understand the financial position.
The protected period gives you time to engage with your debt adviser, provide information and build a clearer picture of your debts, income, expenditure and wider circumstances.
03
Consider what could happen next.
Depending on the circumstances, the advice process may involve considering different ways of dealing with the underlying debts and understanding the consequences of each available route.
04
The midway review takes place.
The debt adviser reviews whether the Standard Breathing Space should continue and considers whether the relevant requirements are still being met.
05
Plan beyond the protected period.
Where possible, the remaining time can be used to prepare for what happens after Breathing Space — whether that involves a debt solution, another agreed route or further action based on the advice received.
06
Standard protection ends.
Unless it has ended earlier, the Standard Breathing Space reaches the end of its protected period. The underlying debts do not disappear simply because the protection ends.
IMPORTANT
Entering Breathing Space does not mean any particular
debt solution is right for you.
A DMP, IVA, DRO, bankruptcy or another route can have very different eligibility requirements, costs, risks and consequences. The purpose of Breathing Space is to provide time for advice and consideration — not to predetermine which route should follow.
THE CORE PRINCIPLE
Breathing Space should create room to understand the problem, consider the options and prepare for what happens after the protection ends.
COURT & CREDITOR ACTION
Can Creditors Still Take Court or Enforcement Action?
Breathing Space can significantly restrict recovery and enforcement action for qualifying debts — but it does not mean that every court process automatically disappears.
What can and cannot happen depends on the debt, whether proceedings have already started and whether a judgment or enforcement order already exists.
DIRECT ANSWER
For a qualifying debt included in Breathing Space, most enforcement and debt-recovery action must stop while the protection applies. However, some existing court proceedings can continue to judgment, and there are limited circumstances in which a creditor can ask the court for permission to take action.
THE IMPORTANT DISTINCTION
Court proceedings and enforcement are not the same thing.
This distinction is important when understanding the protection Breathing Space provides.
COURT PROCEEDINGS
Some existing proceedings may continue.
Where court proceedings relating to a Breathing Space debt had already begun and no judgment or order has yet been made, the proceedings can in some circumstances continue until the court or tribunal reaches a judgment or order.
Bankruptcy proceedings relating to a Breathing Space debt are treated differently and must be stayed while the protection applies.
ENFORCEMENT
Enforcement is generally paused.
A court judgment or order concerning a qualifying Breathing Space debt generally cannot be enforced during the protected period unless the court gives permission for specific action to continue.
Existing judgments do not disappear. The restriction is primarily on enforcement while Breathing Space remains in force.
WHILE PROTECTION APPLIES
What creditor action is generally restricted?
For qualifying debts included within the Breathing Space, creditors and agents acting for them are subject to statutory restrictions.
Debt Collection
Creditors generally cannot take steps to collect or enforce the Breathing Space debt.
Enforcing Judgments
A creditor generally cannot enforce a court or tribunal judgment relating to the protected debt without permission.
Warrants & Writs
Courts generally cannot issue or progress enforcement measures such as warrants or writs relating to the Breathing Space debt.
Enforcement Agents
Enforcement agents instructed in relation to the protected debt must generally stop enforcement activity.
Charging Order Enforcement
Enforcement applications, including charging-order processes, are subject to the Breathing Space restrictions.
Secured Enforcement
A creditor generally cannot enforce security in respect of a qualifying Breathing Space debt while the protection applies.
BAILIFFS & ENFORCEMENT AGENTS
What if enforcement has already started?
Starting Breathing Space can still affect enforcement that was already underway.
When a creditor is notified that a qualifying debt has entered Breathing Space, they must tell enforcement agents they have instructed and require the relevant enforcement action to stop.
Where a county court bailiff has been instructed, the creditor must notify the court. The court can then ensure the relevant enforcement action is paused.
IMPORTANT
Breathing Space does not cancel the underlying judgment, warrant or debt. Enforcement may be capable of restarting after the protected period ends.
RECEIVED COURT PAPERS?
Do not assume they can simply be ignored.
Breathing Space can restrict creditor action, but courts can still send notices and correspondence and some proceedings can continue.
UNDERSTAND THE NEXT STAGE
Court and creditor action explained.
If you are already receiving collection letters, court documents or enforcement correspondence, these guides explain the wider process.
01
COLLECTION & RECOVERY
Creditor Pressure
→
Understand letters, collection activity and how creditor action can escalate.
02
COURT CLAIMS & JUDGMENTS
County Court Judgments
→
Understand how CCJs happen, court deadlines and what can follow a judgment.
03
RECEIVED A LETTER?
LetterChekr™
→
Upload a creditor or debt-related letter for a plain-English explanation of what it says.
Breathing Space protection only applies to qualifying debts
that are covered by the scheme.
A creditor can still take action in relation to a debt that is not a Breathing Space debt, and there are specific exceptions within the regulations. If you are unsure whether a court or enforcement step is affected, the individual circumstances and documents should be checked.
BREATHING SPACE VS DEBT SOLUTIONS
Is Breathing Space a Debt Solution?
No. Breathing Space is a temporary statutory protection, not a long-term method of repaying, settling or writing off debt.
It can provide eligible people with time to receive debt advice and consider their financial position before deciding what, if anything, should happen next.
THE KEY DISTINCTION
01
BREATHING SPACE BUYS TIME.
02
A DEBT SOLUTION DEALS WITH THE DEBT.
WHY THE DIFFERENCE MATTERS
Protection and resolution are two different things.
Breathing Space can change what creditors are allowed to do for a limited period. A debt solution or other arrangement is concerned with how the underlying financial liabilities will actually be dealt with.
TEMPORARY PROTECTION
Breathing Space
01
Provides temporary statutory protection for qualifying debts included in the scheme.
02
Restricts certain creditor contact, recovery and enforcement activity.
03
Freezes most interest, fees, penalties and charges on qualifying Breathing Space debts while protection applies.
04
Creates time to engage with debt advice and consider the wider financial position.
LONGER-TERM ROUTE
Debt Solution
01
Addresses how eligible debts are to be repaid, managed or otherwise dealt with.
02
May involve informal arrangements or formal statutory insolvency procedures.
03
Each route has its own eligibility requirements, commitments, risks and consequences.
04
Suitability depends on the individual's circumstances and should be considered through regulated debt advice.
UNDERSTANDING THE LANDSCAPE
What debt solutions might someone hear about?
The routes below work in very different ways. Seeing them here does not mean any one of them is appropriate for a particular person.
01
INFORMAL ROUTE
Debt Management Plan
A DMP can involve making affordable payments towards eligible unsecured debts, usually through a single regular payment.
Understand DMPs
→
02
FORMAL INSOLVENCY ROUTE
Individual Voluntary Arrangement
An IVA is a formal arrangement with creditors supervised by an insolvency practitioner and carries defined obligations and consequences.
Explore IVAs
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FORMAL INSOLVENCY ROUTE
Debt Relief Order
A DRO is a formal insolvency option for people who meet specific requirements relating to their debts, assets, disposable income and circumstances.
Understand DROs
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FORMAL INSOLVENCY ROUTE
Bankruptcy
Bankruptcy is a formal insolvency process that can deal with qualifying debts but can also affect assets, income, credit and wider financial affairs.
Understand Bankruptcy
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NO AUTOMATIC NEXT STEP
Breathing Space does not automatically lead to a DMP, IVA, DRO or bankruptcy.
Someone may enter Breathing Space and later use one of these routes, reach another arrangement, or follow a different course entirely. The appropriate way forward depends on the full financial circumstances and the advice received.
THE BETTER QUESTION
Not “Which debt solution is best?”
The more useful question is: which routes are available in these circumstances, what would each involve, and what are the consequences?
EXPLORE THE WIDER LANDSCAPE
Debt Help & Options
Explore the main routes
→
Compare debt help and options in one place.
Our Debt Help & Options guide explains the main routes people may encounter, how they differ and where regulated professional advice may be required.
IMPORTANT
Stop Your Debt UK provides information, permitted administrative support and case coordination. Where regulated debt advice is required to assess or recommend a debt solution, we help connect individuals with an appropriately authorised professional.
HOW STOP YOUR DEBT UK HELPS
Support When You Are Unsure What Happens Next.
Breathing Space can provide valuable time, but understanding the letters, debts, court documents and possible routes surrounding it can still feel complicated.
Stop Your Debt UK helps organise the information, understand what is happening and connect your circumstances with appropriately authorised professional support where regulated advice is required.
OUR ROLE
You do not need to understand every debt option before asking for help. Our role is to help bring structure to the situation and make the next stage clearer.
01
UNDERSTAND
Understand what is happening.
We help gather the information, documents and correspondence needed to understand the position — including creditor letters, debts, court documents and any action already underway.
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REVIEW
Build a clearer picture.
Your circumstances can then be reviewed through our central support and case-coordination process so the relevant issues can be identified and the appropriate professional pathway understood.
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CONNECT
Connect with the right professional route.
Where regulated debt advice, legal advice, insolvency work or another specialist service is required, we help connect the case with an appropriately authorised professional.
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SUPPORT
Remain supported through the process.
Stop Your Debt UK can remain available for permitted administration, document support and case coordination as the matter progresses.
IN RELATION TO BREATHING SPACE
We can help you understand the route — but we do not start the protection.
STOP YOUR DEBT UK CAN
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Help organise relevant debts and correspondence.
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Help explain the wider Breathing Space process.
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Help identify when regulated debt advice is required.
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Help connect you with an appropriately authorised professional where required.
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Provide permitted administrative and case-coordination support.
REGULATED DECISIONS REMAIN WITH THE APPROPRIATE PROFESSIONAL
Stop Your Debt UK does not itself determine whether Breathing Space is suitable for you, provide regulated debt counselling or start statutory Breathing Space protection.
Those decisions and actions must be handled through an appropriately authorised debt advice provider.
NEED HELP UNDERSTANDING YOUR POSITION?
Get Support
Contact Stop Your Debt UK
→
Start by showing us what is happening.
If you are dealing with creditor pressure, multiple debts, court correspondence or are unsure where Breathing Space fits into your situation, you can contact Stop Your Debt UK for initial support.
RECEIVED A LETTER?
Not sure what a creditor, court or collection letter means?
The next section introduces LetterChekr™ — our document explanation tool designed to help you understand debt-related correspondence in plain English.
LetterChekr™
Received a Creditor Letter While Considering Breathing Space?
If you have received a creditor letter, collection notice, solicitor correspondence or court-related document, upload it to LetterChekr™ for a structured, plain-English explanation of what the document appears to be and the important information it contains.
01
Upload your letter
Choose a PDF, JPG or PNG copy of the creditor, debt collection, solicitor or court-related correspondence you have received.
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LetterChekr™ analyses the document
The tool looks for key information including the sender, amount, reference, dates or deadlines and the type of correspondence you appear to have received.
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Get a plain-English explanation
See what the document appears to mean, the important points identified from it and general information about possible next steps.
LetterChekr™ provides an automated explanation of uploaded correspondence. It can help you understand the document in plain English, but it does not determine whether you qualify for Breathing Space, start statutory protection or provide regulated legal or financial advice.
Stop Your Debt UK
LetterChekr™
Upload a creditor, collection, solicitor or
court-related letter and get a clear,
plain-English explanation of what the document
appears to mean and what may need attention.
Choose your letter
PDF, JPG or PNG • Maximum 10MB
Book a Call With a Consultant
Complete your details below and one of our consultants can discuss the correspondence with you, help organise the surrounding information and identify where specialist or regulated support may be required.
BREATHING SPACE FAQs
Frequently Asked Questions About Breathing Space.
Breathing Space can temporarily restrict certain creditor action, but it does not write off debt or automatically resolve the underlying financial problem.
These answers explain some of the most common questions about the Debt Respite Scheme in England and Wales.
THE KEY DISTINCTION
Breathing Space buys time.
A longer-term debt route deals with the underlying debt.
01 What is Breathing Space for debt?
Breathing Space is the commonly used name for the Debt Respite Scheme in England and Wales. It can provide eligible people with temporary statutory protection from certain creditor action while they receive debt advice and consider how to deal with their financial situation.
It is not a debt solution in itself. The debts remain and the protected period is intended to create time to receive advice and consider what happens next.
02 How long does Breathing Space last?
A Standard Breathing Space can provide protection for up to 60 days. A midway review takes place during the period to consider whether the Breathing Space should continue.
Mental Health Crisis Breathing Space works differently. Where the relevant requirements are met, protection can continue for the duration of qualifying mental health crisis treatment and for 30 days after that treatment ends.
Read about Mental Health Crisis Breathing Space →03 Does Breathing Space stop creditors contacting me?
For qualifying debts included in Breathing Space, creditors are subject to restrictions on certain contact relating to the enforcement or collection of those debts.
This does not mean that every form of communication is prohibited. There are circumstances where contact may still be permitted or required, and the statutory rules apply to the qualifying debts included in the Breathing Space.
Understand creditor pressure →04 Does Breathing Space freeze interest and charges?
During Breathing Space, creditors must generally stop applying certain interest, fees, penalties and charges to qualifying debts that are included in the scheme.
The precise treatment depends on the type of debt and the scheme rules. Breathing Space should not therefore be treated as a blanket freeze applying to every financial obligation a person has.
05 Do I still have to pay my debts during Breathing Space?
Breathing Space is not an automatic payment holiday. The scheme restricts certain creditor action but does not simply give someone permission to stop paying every bill or financial commitment for 60 days.
Ongoing liabilities such as housing costs, utilities, taxes, insurance and certain secured borrowing may still need to be paid. Your debt adviser can explain how the rules apply to your circumstances.
Understand payments during Breathing Space →06 What debts can be included in Breathing Space?
Many personal debts can potentially qualify, including credit cards, personal loans, overdrafts, utility arrears, council tax arrears and various other unsecured liabilities.
However, not every debt qualifies and some debts are specifically excluded or treated differently. A debt adviser identifies which debts can be included when considering the Breathing Space.
See which debts may qualify →07 Can bailiffs or enforcement agents act during Breathing Space?
Breathing Space can restrict enforcement action relating to qualifying debts that have been included in the scheme. This can affect certain enforcement activity while the statutory protection is in force.
The position depends on the debt, the enforcement stage and whether the liability is protected. Breathing Space should not be assumed to stop every possible court or enforcement process in every circumstance.
Understand CCJs and court action →08 Can I get Breathing Space more than once?
For Standard Breathing Space, one of the eligibility conditions is generally that you have not had a Standard Breathing Space within the previous 12 months.
Mental Health Crisis Breathing Space has different rules and is not subject to the same frequency restriction. Eligibility must still be assessed through the appropriate process.
09 What is Mental Health Crisis Breathing Space?
Mental Health Crisis Breathing Space is a separate route intended for eligible people receiving qualifying mental health crisis treatment.
The statutory definition is more specific than simply receiving treatment or support for a mental health condition. Evidence involving an Approved Mental Health Professional is required as part of the process.
Where the requirements are met, protection can continue throughout the qualifying crisis treatment and for 30 days after it ends.
Explore Mental Health Crisis Breathing Space →10 What happens when Breathing Space ends?
When Breathing Space ends, the temporary statutory protections do not automatically become permanent. Unless another arrangement or formal solution has been put in place, creditors may again be able to pursue the debts in accordance with the normal rules.
This is why the protected period is normally used to understand the financial position, receive debt advice and consider what longer-term route may be appropriate.
Explore debt help and options →
STILL UNSURE WHERE YOU STAND?
Breathing Space is one part of the wider debt landscape.
If you are unsure whether you need temporary protection, help understanding creditor action or information about longer-term debt routes, start by understanding the situation you are currently facing.
STOP YOUR DEBT UK
Need Help Understanding What Happens Next?
Whether you are considering Breathing Space, dealing with creditor pressure or simply trying to understand the letters arriving through your door, the first step is to establish what is happening and what needs attention.
England & Wales
Clear Information
Professional Connections
REMEMBER
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Breathing Space can create time to deal with the problem.
It does not make the underlying debt disappear. What happens during that protected period can therefore be just as important as obtaining the protection itself.
UNDERSTAND
REVIEW
CONNECT
SUPPORT
IMPORTANT INFORMATION
Stop Your Debt UK provides information, permitted administrative support, document assistance and case coordination. We do not provide regulated debt counselling or legal advice. Where regulated debt advice, legal advice, insolvency services or another regulated professional service is required, we help connect individuals with an appropriately authorised professional.