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What is Breathing Space and how to apply

If it is right for you, the Breathing Space scheme can offer you short term protection from the people you owe. It protects you while you get debt advice and work out how to deal with your debt. This lasts for up to 60 days. It is also known as the Debt Respite Scheme.

It might not be right for you. The first step towards finding out is to get debt advice.

It is easiest to start debt advice online

   Start, stop and begin again at a time that suits you

  England and Wales only

You can apply for Breathing Space if:

  • A debt advice provider agrees it is right for you, and
  • You meet the rules for applying

After approval, you are protected from debt collection for up to 60 days. This is only if you seek debt advice and work towards setting up a debt solution.

It protects you by:

  • Pausing most enforcement action
  • Freezing most interest and charges

Not all debts can be in your Breathing Space. You should always pay a debt if you can afford to pay, so do not forget these that are not covered.

We can help you find out if Breathing Space is right for you.

How it works

  1. Get debt advice from an approved debt advice provider, like us
  2. If it is an option for you, take the steps to apply
  3. When it is approved, carry on with your debt advice and setting up your solution
  4. The people you owe must stop taking action for the debts included
  5. Mid way through, your Breathing Space will be reviewed to check you have made progress. If not, it could end
  6. It will end within the 60 days since it started. At this point, you should have your debt solution in place. Or be making good progress in dealing with your debt

Can I use it to get back on track with payments I am at risk of missing?

It might not be right for you. The first thing you need to do is find out what type of help you need.

Take two minutes to find out what help you need.

Breathing Space can

  • Stop most court action for a short time
  • Stop visits from people who collect debts, such as bailiffs
  • Freeze interest and charges
  • Stop the people you owe asking you for payment. They can still send updates and statements
  • Protect you for up to 60 days
  • Cover most consumer debt
  • Give you time to work with an advice provider while you look into longer-term solutions

This only applies to the debts included.

Breathing Space cannot

  • Write off debt
  • Cover all debts
  • Stop money being taken from wages or benefits
  • Last for longer than 60 days
  • Cover new debts taken out after it started
  • Let you stop paying other bills you need to pay

This is short-term help only. To give you time to set up a debt solution.

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In Scotland, you may be able to apply for a ‘debt moratorium’. Find out how that works.

How do I apply for Breathing Space?

You must get debt advice first from an approved organisation. They need to be regulated by the Financial Conduct Authority (FCA). Such as StepChange.

Finding out if you can apply for Breathing Space

When we help you, we will ask you:

  • Where do you live? You can only apply if you live in England and Wales
  • Do you have a debt that can be part of the scheme? These could be credit cards, overdrafts and utility bills. Find out more about these debts
  • Have you had Breathing Space before? You can only have Breathing Space once in a twelve-month period. It might not be right if you made no progress after your last Breathing Space
  • If you are on a DRO or IVA? If so, you will not be able to apply

Find out more on the government's website.

Find out what happens during Breathing Space >>

Find out what happens after Breathing Space >>

Which debts are covered by Breathing Space?

If you have a type of debt that can be covered, you must include it. You cannot choose which ones you want to add.

You will need to carry on paying other debts and bills.

Debts that can be in Breathing Space

In all cases these are debts where you have already missed payments. Only the money you owe, not what is in your bills now.

  • Many consumer credit debts
  • Energy and water debts
  • Rent arrears
  • Unpaid council tax
  • Mortgage arrears
  • Benefits overpayments
  • Buy now, pay later debt

Debts that cannot be in Breathing Space

There are some debts that cannot be added by law.

  • Debts secured on your home – but not including mortgage arrears
  • Student loans
  • Court fines
  • Child maintenance payments
  • Fines linked to crimes
  • Personal injury damages
  • Benefit deductions

You cannot add anything new to your Breathing Space after it has started

Is this the same as Mental Health Crisis Breathing Space (MHCBS)?

No, this is another scheme. MHCBS is only for people in a mental health crisis, where one of these apply:

  • You are held under the Mental Health Act
  • You have been taken to a safe place under the Mental Health Act
  • You are getting crisis care from a specialist mental health team

Visit the Mental Health and Money Advice website to find out more and check if you can apply.

Other options to Breathing Space

You could ask people you owe if they can offer you some help. They may agree that:

  • You stop paying them for a while
  • You pay less each month
  • They stop taking further action to collect the debt

This would not protect you in the same way as Breathing Space. But it could help you get back on track.

Tell them you are not able to pay what you owe. Ask them if they offer things like:

  • Payment breaks
  • Short term changes to plans
  • Other ways to help people in debt

They will need to know what you can and cannot afford to pay them and why.

  • You will need to share your monthly budget. This is a list of what is coming in and going out each month
  • Tell them about a job loss or illness. If that has made things harder for you
  • Use our sample letters: Add to an email or letter

Carol on Feefo says:

Easy to use, breathing space during the initial process, and peace of mind long term.

Get help like Carol

FAQs: What we are often asked about Breathing Space

Questions about it ending

You have time to check you are happy with it before you apply. And we can look into it ending early during your mid-way review, if you are not happy with it.

Questions about applying

No, but we offer checks for Breathing Space as part of our free debt advice service.

You will need to share:

  • Name
  • Date of birth
  • Usual home address and where you have lived before
  • Any other names you are known by or that the people you owe may know you by
  • The names of all your creditors
  • Account numbers

You may also be asked for addresses for the people you owe.

You can if you are a sole trader. Visit Business Debtline for more about dealing with business debts.

Questions about being chased for money

No. Creditors can still send you account updates and statements. They can also contact you about any debts that aren’t part of the Breathing Space.

But they cannot ask you for money for debts in Breathing Space.

It will stop all action for debts that are in the scheme.

But it will not change things with any other debts you have.

What can happen depends on what stage it has got to. It does not overturn or remove it from your credit file

If a claim has already been raised, the court process will carry on up until they make a CCJ. But further action will pause.

What can happen during Breathing Space if court action for the CCJ has started:

  • A new CCJ can be ordered by the court
  • No more interest, fees, or charges can be added
  • New action (like an attachment of earnings or charging order) will pause

What cannot happen during Breathing Space:

  • No new claims for CCJs can be raised
  • Bailiffs or enforcement agents cannot act on it
  • No more interest, fees, or charges can be added
  • No new action (like an attachment of earnings or charging order) can start
  • No hearings can take place

It may delay this, in some cases.

What it can do while you have Breathing Space:

If the court order (a “possession order”) has not been granted:

  • Pause eviction proceedings for rent arrears

If the court has already made the order:

  • Further action stops for a while
  • The landlord should not get in touch with you about what you owe

What it cannot do:

  • Undo or cancel a court order that has already been granted
  • Stop your landlord from applying for eviction after Breathing Space ends
  • Stop eviction for reasons other than rent arrears. Such as no fault evictions, anti-social behaviour or a breach of the tenancy not related to the debt

What it can do:

  • Stop the process for a while, if it has not yet reached court
  • Delay further action by your lender (such as court bailiffs or repossession)

What it cannot do:

  • Stop it happening
  • Stop the lender from taking more action after Breathing Space ends
  • Stop repossession if there is a court order already in place

Questions about different types of debt

Yes. But be aware that if you include it in Breathing Space, you are “acknowledging” the debt. That means you have agreed the debt is yours and should be paid.

This means the clock resets, and you are at Day One of the six-year wait for it to be statute barred.

Read our guide to statute barred debt.

Yes, you can. If your application is successful, you will be protected from action to collect the debt.

But the guarantor would not be protected unless they are also on the Breathing Space scheme.

Read our guide to guarantor loan debts.

Yes, they can. And no enforcement action would take place during your Breathing Space. This would apply to you and the person named on the debt.

But during this time the other person named on the debt could still be charged fees and interest.

Read our guide to joint debts.

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