Breathing Space Application Request Letter
Letter to a debt adviser requesting assistance with a Debt Breathing Space application under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) Regulations 2020.
When to use this template
Use this letter to contact a debt advice charity or FCA-regulated debt adviser and request that they assess you for a Breathing Space application. The standard Breathing Space gives a 60-day moratorium on most enforcement actions and interest/charges. The Mental Health Crisis Breathing Space lasts until 30 days after treatment ends. You must apply through an approved debt adviser — you cannot self-apply.
When NOT to use this template
Breathing Space is not available for all debts — some debts are excluded (secured debts, ongoing commitments, student loans, crisis debts). It is not a permanent solution and debts remain payable after the moratorium. Do not use this letter to write to creditors — the moratorium notification is handled by the Insolvency Service through the adviser, not by you.
Legal Basis
Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (SI 2020/1311). The standard moratorium lasts 60 days; the mental health crisis moratorium lasts until 30 days after the end of the crisis treatment. During the moratorium, creditors may not take enforcement action, apply interest, or contact you about the debts.
Common Mistakes to Avoid
- ✗Writing directly to creditors about Breathing Space — you cannot self-apply; you need a debt adviser to do this
- ✗Assuming all debts are eligible — some debts (e.g. secured debts, ongoing mortgage payments, fines) are excluded
- ✗Using Breathing Space as a long-term avoidance strategy rather than using the 60 days to arrange a debt solution
- ✗Not being honest with the debt adviser about all your debts and financial circumstances
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Letter preview
[YOUR FULL NAME] [YOUR ADDRESS] [YOUR EMAIL ADDRESS] [YOUR TELEPHONE NUMBER] [DATE OF LETTER] [DEBT ADVICE ORGANISATION NAME] [DEBT ADVISER'S ADDRESS] --- Dear Sir or Madam, **REQUEST FOR BREATHING SPACE ASSESSMENT** **Debt Respite Scheme (Breathing Space Moratorium) Regulations 2020** I am writing to request an assessment for a Breathing Space application under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020. **My Circumstances** I am experiencing serious financial difficulty and am unable to meet my debt repayments. I am receiving / have recently received a number of demands and enforcement notices from creditors which are causing me significant distress. [BRIEF DESCRIPTION OF YOUR PERSONAL CIRCUMSTANCES] **My Debts** I have the following debts (approximate figures): [LIST OF YOUR DEBTS (CREDITOR AND APPROXIMATE BALANCE)] Total approximate debt: £[APPROXIMATE TOTAL DEBT (£)] **Mental Health Crisis (if applicable)** [Delete if standard Breathing Space applies:] I am currently experiencing a mental health crisis and am receiving treatment from: [MENTAL HEALTH CRISIS TREATMENT PROVIDER (IF APPLICABLE)]. I may be eligible for a Mental Health Crisis Breathing Space. I can provide evidence of my treatment and crisis status. **What I Am Requesting** I ask that you: 1. Carry out a full assessment of my financial situation. 2. If appropriate, register me for a standard [or mental health crisis] Breathing Space moratorium. 3. Advise me on a longer-term debt solution that can be put in place during the moratorium period. I am available for an appointment at your convenience. Please contact me at the address or telephone number above. Yours faithfully, [YOUR FULL NAME]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.