hello does a Proof of debt from have to be validated, ie how is the debt proven? it is just ok to say , yeh they owe me money or does it have to be a judgement or court order? in other words does it have to be rubber stamped or can a proof of debt form be challenged or disputed.
An IP has a duty of care to agree creditor claims, and this is generally done by seeking supportive evidence of the nature of the claim. They are often challenged or disputed.
Thank you for the prompt reply, my supervisor has been sent a Proof of Debt form from the local council for alleged unpaid business rates which happen to be in joint names of a former business partner (his name first on the demand) and myself, they have not persued him and have seemingly opted for the easy way out and claimed under my IVA, they have submitted their claim many many months after the IVA was confirmed and there is evidence that the debt was disputed some time before the Proof of Debt form was received, any advice?
Put your point of view across to the Supervisor, and tell him that you dispute the claim. It is then his job to determine whether the claim is valid or not. If you do not agree to his ultimate decision, then you can go to Court - but I would not have thought this would be worth your while unless you are having to effect a minimum dividend payment which would involve you paying over more money.
