How to Complete a Statement of a Claim Form for a Creditors’ Voluntary Liquidation
Creditors who are owed money during a CVL (Creditors Voluntary Liquidation) are required to submit a ‘Statement of Claim’ form to the liquidator to substantiate any debts they may be owed. This form is also known as a ‘Proof of Debt’ form, and you can download a template for that here: https://www.gov.uk/government/publications/proof-of-debt-insolvency-form-425
The Total Amount of Claim
When filling in this section, make sure to include both any VAT owed to you, as well as outstanding uncapitalized interest as at the date the company went into liquidation.
Documents of Substantiation
When submitting the proof of debt form, it is useful if you keep a record of these documents as the liquidator will rely upon them later on in the liquidation process. This may include invoices, statements, and any correspondence you may have (including emails). If the claim is disputed by the Chairman of the meeting, then the more evidence you provide will demonstrate why your claim is indeed valid.
Particulars of how and Where debt Occurred
In this section, the liquidator is looking for a clear explanation of the nature of the business relationship between yourself (the creditor) and the debtor. Give as much information as possible regarding the services/goods offered and their value, and the nature of communication between yourselves.
Particulars of any Security held
If you are a secured creditor, you’ll need to detail the nature of the security you have, be it a fixed charge over a specific asset, or a floating charge on loan. You’ll need to reference any contracts or agreements about this.
Particulars of any Reservation of Title Claimed in Respect of Goods Supplied to which the Claim Relates.
Retention of Title (‘ROT’) relates to goods which are supplied by a creditor whereby there is a pre-contract in place which ensures that the goods do not pass title to the Company until they have been paid for. The ROT can either be an ‘all money clause’ or a ‘simple clause’ contained within the credit forms or delivery notes which you will have given the company. It is important that you tell the insolvency practitioner that you have ROT goods on the premises as you may be entitled to collect them.