Debt Reckoning

Debt Reckoning

By Institute of Money AdvisersSociety & Culture
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Debt Reckoning episodes

  • Accidental, Unavoidable Dividends (Energy Debt Write-offs)

    The rising price of gas and electricity has caused some of the biggest issues seen by debt advisers over the last few years, with people experiencing increasing levels of unmanageable debt. Ofgem, the UK's energy regulator, has proposed a number of interventions to try and address the issue - including a scheme to write off up to £1 billion of unpaid energy bills.

    But what do debt advisers really think of these ideas? Have Ofgem been talking to the right people? And just how much universal credit does someone receive anyway?

    We talk to Amy Taylor, chair of the Greater Manchester Money Advice Group, who responded to Ofgem's consultation, about whether the proposals go far enough, and the role of debt write-offs more generally in a debt adviser's toolkit.


    Useful links:

    • Ofgem: A 'reset' and 'reform' for people in energy debt
    • IMA response to the consultation
    • GMMAG response to the consultation
    • IMA Money Advice Awards 2025
    • Become a member of the IMA
    52 min
  • Antonio Does Mastermind (The New Year Quiz)

    Happy New Year, listeners! With 2024 consigned to the history books, we look back at a year in debt advice with a quiz covering all the important developments in the last year, and a (surprisingly optimistic) look ahead to the next.

    Can Antonio re-establish his credentials as our resident Money Advice Specialist, or will his notoriously bad memory get the better of him?


    Useful links:

    • Seculink v Forbes [2024] EWHC 3339 (Ch)
    • Become a member of the IMA
    • 42 min
    • Staring Into the Abyss (IVAs)

      IVAs are by far the most common form of personal insolvency, with high-profile advertising and promotion helping them to outstrip other solutions. But does this mean that everyone who enters an IVA receives a good service?


      New research from the Insolvency Service highlights the problems in the 'take-on' process for IVAs, from bad advice at the outset to poor treatment of customer vulnerability.


      In this episode, Antonio and Andy discuss the Insolvency Service's findings and what they might mean, including a genuine difference of opinion on whether the Government's IVA guidance strikes the right balance.


      Useful links:

      • Insolvency Service report into Individual Voluntary Arrangements
      • Government guidance about the report
      • Join the IMA
      • 39 min
      • 55 Really Interesting Pages (Public Sector Debt)

        Debts owed to the public sector, including local authorities, are one of the bigger issues facing debt advisers and their clients, with reports of aggressive collection practices and poor approaches to vulnerability.


        The Money and Mental Health Policy Institute's new report In the public interest? provides new evidence about the extent of these problems. Antonio and Andy are delighted to welcome Toby Murray, one of the report's authors, to talk about the research and what can be done to improve matters.


        Useful links:

        • Money and Mental Health 'Council Tax Trap' campaign - sign the petition
        • In the public interest? - full report
        • R (Nicholson) v Tottenham Magistrates [2015] EWHC 1252 (Admin)
        • IMA Virtual Conference 2024
        • Join the IMA

        • 48 min
        • Better Call SDAS (Breathing Space, Part 2)

          Antonio and Andy are joined once more by Luke Oliver of Shelter's Specialist Debt Advice Service, to continue our discussion of the Debt Respite Scheme (a.k.a. breathing space) and the court decisions that have shaped it.

          Topics of discussion include: the interaction between breathing space and bankruptcy proceedings, the inclusion of mortgage debts in breathing space, evidence requirements for mental health crisis breathing space and the big question - have the various court judgments for breathing space served to strengthen the scheme, or undermine it?


          Corrections corner: About five minutes into the episode, we start discussing the case Yianni v Paliouras, incorrectly referring to it as an unpublished County Court judgment. It's actually a High Court judgment, and since we recorded the episode, a transcript is now available to subscribers of Lexis+. We apologise for the error.


          Court cases cited in this episode:

          • Bluestone Mortgages Ltd v Stoute [2024] (unpublished, County Court at Canterbury) - summary on Shelter Legal
          • Brake & Anor v Guy & Ors [2022] EWHC 2797 (Ch)⁠
          • ⁠Carter v Davies [2024] EWHC 1536 (Ch)
          • IV Fund Limited SAC v Mountain [2021] EWHC 2870 (Ch)
          • ⁠Kaye v Lees (2) [2023] EWHC 152 (KB)⁠
          • ⁠Kaye v Lees (3) [2023] EWHC 758 (KB)⁠
          • West One Loan v Salih [2022] (unpublished, Central London County Court) - ⁠summary on Shelter Legal
          • Yianni v Paliouras [2024] EWHC 1301 (Ch) - summary on Shelter Legal

          • Other links:

            • IMA Virtual Conference 2024
            • Debt Respite Scheme regulations⁠
            • ⁠Shelter Specialist Debt Advice Service⁠ - sign up for their ebulletin
            • Join the IMA

              • 40 min
              • Not Enemies of the People (Breathing Space, Part 1)

                The Debt Respite Scheme, commonly known as 'breathing space,' has been in place for over three years, and has been the subject of numerous court judgments in that time. But what is the overall impact of those cases? Have they served to strengthen the scheme, or undermine it?


                Andy and Antonio are joined by Luke Oliver of the Specialist Debt Advice Service at Shelter for the first part of this two-part discussion of breathing space and the court decisions that have shaped it.


                Court cases cited in this episode:

                • Brake & Anor v Guy & Ors [2022] EWHC 2797 (Ch)
                • Carter v Davies [2024] EWHC 1536 (Ch)
                • Kaye v Lees (2) [2023] EWHC 152 (KB)
                • Kaye v Lees (3) [2023] EWHC 758 (KB)
                • West One Loan v Salih [2022] (unpublished, Central London County Court) - summary on Shelter Legal

                • Other links:

                  • Debt Respite Scheme regulations
                    • Shelter Specialist Debt Advice Service - sign up for their ebulletin
                    • Join the IMA
                    • 38 min
                    • Making Advice Great Again

                      The UK general election is upon us, slightly earlier than anticipated, which means it's time to have a really good Debt Reckon about what the next government should change about the world of debt and debt advice.


                      Andy has been speaking to delegates at the IMA Conference, asking them what one change they would make to Make Advice Great Again (don't abbreviate that). In this episode, he and Antonio discuss their answers - from changing funders' targets to fixing Universal Credit - and reflect on what the priorities for the next government should be.


                      Become a member of the IMA: https://www.i-m-a.org.uk/membership/become-a-member/

                      42 min
                    • Wearing Two Hats (The Great IMA Conference Preview)

                      Antonio and Andy look ahead to the IMA Conference, which takes place on Wednesday 12th June at the Rep Theatre in Birmingham. Book your place on the IMA website: https://www.i-m-a.org.uk/other-services/ima-conference/


                      Topics of discussion: The FCA consumer duty, forthcoming changes to debt relief orders, how to solve the problem of energy debt and another interesting item of case law.


                      Links:

                      • Changes to debt relief orders: https://www.gov.uk/government/news/changes-to-debt-relief-orders-will-support-people-in-financial-distress
                      • Santander Consumer (UK) plc v Chaudhry [2024] EWHC 170 (KB): https://www.bailii.org/ew/cases/EWHC/KB/2024/170.html
                      • 49 min
                      • The Internet's Only Debt Advice Podcast

                        Andy and Antonio introduce Debt Reckoning, the podcast of the Institute of Money Advisers.

                        In this episode, we discuss the recently-concluded Money and Pensions Service consultation into their future strategy for debt advice. We then move on to the weird world of Freemen-on-the-Land, and some recent case law that might change the way we advise on council tax... or not.


                        Links:

                        • MaPS consultation on its future debt advice strategy: https://maps.org.uk/en/publications/consultations-and-responses/2024/consultation-on-MaPS-proposals-for-delivery-of-debt-advice-strategy
                        • IMA response to the MaPS consultation: https://www.i-m-a.org.uk/download/15525/
                        • Case transcript of Leighton v Bristow & Sutor (£): https://www.scribd.com/document/695844390/Leighton-V-Bristow-Sutor-Cardiff-Hcj-Judgment-20230920-V-Final

                        • Get in touch

                          If you any questions or comments about Debt Reckoning, or a suggestion for a future episode or guest, you can email the IMA at [email protected].

                          41 min

                        About Debt Reckoning

                        From the publisher's feed

                        The podcast of the Institute of Money Advisers, and the Internet's only debt advice podcast. Join Andy Shaw and Antonio Pupino, plus guests, as we discuss topical issues in money advice and personal…