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|  |  |\n| --- | --- | --- | --- | --- | --- | --- |\n| | Exhibitors\u003Cbr>\u003Cbr>|  |  | |  | |\n|  | |  | |  |  |  |\n|  | |  |  |  | |  |\n\n| Case Law Update 2024  Shelter’s Specialist Debt |  |\n| --- | --- |\n| Advice Service\u003Cbr>Presented by:\u003Cbr>Kate Cook and Christopher Sykes | |\n\nMy name is Kate Cook  \nI've worked on the team for just over three years, before that I was a money adviser at a very small CAB in Leighton Buzzard, in Bedfordshire, where I was a DRO intermediary from 2009 until I left CitA in 2021. Before working in the charity sector I worked for John Lewis, on systems development, for about 15 years.  \n| | Learning Objectives | |\n| --- | --- | --- |\n|  | Following the workshop, we hope you will be:\u003Cbr>• More confident with navigating and interpreting new case law.\u003Cbr>• Able to understand recent case law decisions and their practical implications.\u003Cbr>• Able to confidently advise your clients of any relevant changes. |  |\n\n\n| Areas To Be Discussed | |\n| --- | --- |\n| • Debt Respite Scheme (Breathing Space) and Mortgage Arrears\u003Cbr>• Legal Action and Alternative Dispute Resolution\u003Cbr>• High Court Enforcement and Assessment of Enforcement Fees\u003Cbr>• Set Aside Applications and Relief from Sanctions\u003Cbr>• Liability Orders and Council Tax Enforcement |  |\n\nBluestone Mortgages Ltd v Stoute and another [2024]  \nDebt Respite Scheme (Breathing Space) and Mortgage Arrears  \n\n| Bluestone Mortgages Ltd v Stoute and another [2024] | |\n| --- | --- |\n| A debtor – Mr Stoute – entered a Mental Health Crisis Moratorium.\u003Cbr>Bluestone Mortgages Ltd – the lender-challenged the inclusion of the debt in the moratorium.\u003Cbr>Previous moratoriums include:\u003Cbr>• Breathing Space Moratorium-09/06/2021\u003Cbr>• Mental Health Crisis Moratorium \\# 1 – 18/06/2022\u003Cbr>• Mental Health Crisis Moratorium \\# 2 – 13/10/2022\u003Cbr>• Mental Health Crisis Moratorium \\# 3 – 29/07/2022\u003Cbr>• Mental Health Crisis Moratorium \\# 4 – 25/09/2023\u003Cbr>o MHCM \\#4 was still active when the hearing took place. |  |\n\nThe decision relates to a debtor – Mr Stoute – who had entered a Mental Health Crisis Moratorium.  \nBluestone-the mortgage lender-challenged the inclusion of the mortgage in the moratorium and asked for it to be cancelled.  \nMr Stoute had a history of entering Debt Respite Scheme moratoriums, and had previously had one Breathing Space Moratorium, and three Mental Health Crisis Moratoriums.  \nWhen the court heard this case, he was still in MHCM number 4.  \n| Bluestone Mortgages Ltd v Stoute and another [2024] | |\n| --- | --- |\n| Mr and Mrs Stoute entered a mortgage agreement in March 2018.\u003Cbr>A sum of £305,000 .\u003Cbr>Bluestone are a lender that concentrates on borrowers with poor credit history.\u003Cbr>Couple quickly fell into arrears.\u003Cbr>By January 2019 the lender had started possession action. |  |\n\nFor background, Mr and Mrs Stoute purchased a house together, and were joint and several liable for the mortgage.  \nFrom looking at their website, Bluestone seem to be a sub-prime lender.  \nThe advertises themselves as ‘understanding real affordability for people that don’t fit the traditional profile of high street bank’.  \nThe Stoutes quickly fell into arrears, and by January 2019 the lender had commenced possession action.  \nRemember, March 2018 they bought it – so possession action was taken quite rapidly.  \n| Bluestone Mortgages Ltd v Stoute and another [2024] | |\n| --- | --- |\n| On 11th March 2019 the court made a possession order.\u003Cbr>The couple were to vacate property 'on or before 18th April 2019' .\u003Cbr>A judgment debt was also made.\u003Cbr>At this point:\u003Cbr>• £ 12,061.56 in mortgage arrears\u003Cbr>• £ 315,923 .68 was the “judgment debt” |  |\n\nOn 11th March 2019 the court had made a possession order to give up possession on or before 18th April 2019.  \nAt this point the mortgage was in arrears to the sum of £12,000 .  \nThe court also made a judgment debt, for the sum of £ 315,000 .  \nIt’s not c","cbCaifNCdrZTekuf","https://ap.wps.com/l/cbCaifNCdrZTekuf","pdf",819801,95,"English","# Case Law Update 2024 - Shelter’s Specialist Debt Advice Service\n## Learning Objectives\n## Areas To Be Discussed\n## Bluestone Mortgages Ltd v Stoute and another [2024]","[{\"question\":\"What is the Debt Respite Scheme (Breathing Space) topic covered in this session?\",\"answer\":\"The session includes how the Debt Respite Scheme (Breathing Space) applies to mortgage arrears and how it interacts with court processes.\"},{\"question\":\"Which case is highlighted in the update?\",\"answer\":\"Bluestone Mortgages Ltd v Stoute and another [2024] is presented, focusing on a lender challenging the inclusion of the mortgage in a mental health crisis moratorium.\"},{\"question\":\"What enforcement and legal procedures are listed as areas for discussion?\",\"answer\":\"Topics include legal action and alternative dispute resolution, High Court enforcement and enforcement fee assessment, set aside applications and relief from sanctions, and liability orders for council tax enforcement.\"}]","Case Law Update 2024 - Shelter’s Specialist Debt Advice Service | PDF",239]