Breathing Space FAQs - Charging Orders for Council Tax.

Question 11: If we have started the court action, but not yet been granted the final order, can we continue to request the final order even if we have received a notification of breathing space?

ANSWER

Reg 7(2) - Subject to paragraph (3), during a moratorium period a creditor may not, in relation to any moratorium debt, take any of the steps specified in paragraph (6) in respect of the debt unless – 

(b) the county court or any other court or tribunal where legal proceedings concerning the debt have been or could be issued or started has given permission for the creditor to take the step. 

Reg 7(3) - A court or tribunal may not give permission for a creditor or agent to take any of the steps specified on paragraph (6)(a) {require a debtor to pay interest that accrues on a moratorium debt during a moratorium period} or (b) {require a debtor to pay fees, penalties or charges in relation to a moratorium debt that accrue during a moratorium period}. 

Therefore, you must notify the court of the breathing space, who must then have regard to Reg 7(4) and (5) and Reg (10). 

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