Notification of intended Breathing Space application

Pre-application letter to a creditor notifying them you are being supported by a regulated debt adviser and intend to apply for a Breathing Space (Debt Respite Scheme), requesting they pause enforcement during the advice period.

Draft template. This letter is being reviewed by a regulated solicitor before publication. You can use it now as a starting point, but read the surrounding guide carefully and consider getting free legal advice before sending.

This letter is a precursor to formal Breathing Space registration via an Approved Intermediary. Once registered, you (and the adviser) receive automatic statutory protection. The letter is useful to send while the application is being prepared. StepChange (0800 138 1111) and National Debtline (0808 808 4000) are the main free routes.

AI cross-check (2026-06-15) — pending regulated solicitor sign-off

This letter cites the following authority, which the AI has checked against current GOV.UK / legislation.gov.uk:

  • Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (SI 2020/1311): confirmed in force from 4 May 2021; no material amendment as of 2026-06-15. The 60-day Standard Breathing Space protection period is correctly stated.
  • FCA CONC 7.3.4 (fair treatment of customers in financial difficulty): confirmed currently in force in the FCA Consumer Credit sourcebook; requires firms to treat customers in difficulty fairly. No material change to this provision as of 2026-06-15.
  • Standard Breathing Space protections (no contact, no fees/interest/penalties, no enforcement): correctly described per the 2020 Regulations.
  • Approved Intermediary concept: correctly described — only regulated debt advisers can register Breathing Space via the Insolvency Service portal.

Reviewer focus areas: (1) Confirm that the Breathing Space scheme has not been amended or expanded since 2021. (2) Verify whether the Mental Health Crisis Moratorium provisions differ materially and whether any advisory text is needed. (3) Note this is a pre-application letter only — it has no statutory force; the actual protections begin only on Insolvency Service registration. This limitation should be prominent in user-facing guidance.

This AI cross-check is an aid only; final sign-off requires a regulated solicitor.

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StepChange, National Debtline, Citizens Advice, Christians Against Poverty, etc.

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Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.