Part 5Debt management and relief
Chapter 4Debt management schemes
Effect of plans etc.
119Existing county court proceedings to be stayed
1
This section applies if these conditions are met—
a
a debt repayment plan is arranged for a non-business debtor in accordance with an approved scheme;
b
proceedings in F1the county court (other than bankruptcy proceedings) are pending against the debtor in respect of a qualifying debt;
c
by virtue of section 116, the creditor under the qualifying debt is not entitled to continue the proceedings in respect of the debt;
d
the county court receives notice of the debt repayment plan.
2
The county court must stay the proceedings.
3
The court may allow costs already incurred by the creditor.
4
Subsection (5) applies if—
a
the court allows such costs, and
b
the qualifying debt is a specified debt.
5
The operator of the approved scheme may, if requested to do so by—
a
the non-business debtor, or
b
the creditor under the qualifying debt,
add the costs to the amount specified in the plan in respect of the debt.
6
But the operator may not add the costs under subsection (5) if, under the terms of the approved scheme, the operator is under a duty to terminate the plan.