Sell Ltd
Cluster 2 · Cornerstone guide · Updated 1 January 1970

Creditor rights in administration — the full playbook

Creditors are not passive spectators. In a UK administration you have the right to be notified, submit a proof of debt, vote on the administrator's proposals within eight weeks (para 49, Sch B1 IA 1986), sit on the creditors' committee, receive six-monthly progress reports, challenge fees, apply set-off under rule 14.24, and if necessary bring a paragraph 74 challenge for unfair harm. Author: Chris at Sell Ltd.

Proof of debt
Vote on proposals
Creditors' committee
Progress reports (SIP 7)
TL;DR — 30-second answer
Creditors in a UK administration can submit a proof of debt, vote on the administrator's proposals within eight weeks of appointment, elect a creditors' committee, receive six-monthly progress reports under SIP 7, apply automatic set-off under rule 14.24 of the Insolvency Rules 2016, and challenge conduct via paragraph 74 of Schedule B1. Fees can be objected to. Complaints escalate to the administrator's regulator via the GOV.UK gateway. Engage early — recoveries flow to creditors who make themselves visible.

Rights map — what applies, when

RightStatutory basisDeadline / trigger
Notice of appointmentRule 3.24, IR 2016Within 7 days of appointment
SIP 16 statement (if pre-pack)SIP 16 (R3, 2021)Within 7 days of sale
Proposals for administrationPara 49 Sch B1Within 8 weeks of appointment
Decision procedure votePara 51 Sch B1Usually 10 business days after proposals
Committee formationPara 57 Sch B1At the first decision procedure
Progress reportsSIP 7; para 61 Sch B1Every 6 months
Fee approvalRules 18.16–18.28 IR 2016On application by IP
Para 74 challengePara 74 Sch B1Any time during administration

Set-off — the recovery multiplier

Rule 14.24 of the Insolvency Rules 2016 requires mutual dealings as at the date of appointment to be set off automatically. If you owed the insolvent company £40,000 and it owed you £70,000, only the net £30,000 is a provable debt — and you keep the £40,000 rather than paying it in and receiving pennies back. Set-off applies before any ranking, which is why suppliers who both bought from and sold to the debtor recover materially more than pure creditors.

Related

Frequently asked questions

What are my basic rights as a creditor in a UK administration?

You have the right to be notified of the administration, to receive the administrator's proposals within eight weeks of appointment (para 49, Sch B1 IA 1986), to vote on those proposals, to submit a proof of debt, to see progress reports every six months, to sit on the creditors' committee if formed, and to challenge the administrator's conduct via para 74 of Schedule B1. These rights apply whether you are secured, preferential or unsecured.

How do I submit a proof of debt?

Complete Form 4.25 (or the modernised equivalent under the Insolvency (England and Wales) Rules 2016). Send it to the administrator with supporting evidence — invoices, contracts, statements, judgments. Debts must be quantified in sterling as at the date of appointment. Late proofs can still be admitted but rank behind existing distributions.

What is the creditors' committee?

A committee of three to five creditors elected by the general body of creditors to represent them during the process. It has the right to receive information from the administrator, approve remuneration, sanction certain acts, and remove or replace the administrator. Committees are common in medium and large administrations; not always formed in small cases.

Do I vote on the administrator's proposals?

Yes. The administrator issues proposals within eight weeks and convenes a creditors' decision procedure (usually correspondence-based since 2017). Approval requires more than 50% by value of creditors voting. Once approved, the administrator has authority to execute the plan; if rejected, the administrator returns to court for directions.

How much visibility do I get into the process?

You receive: initial notice of appointment; the SIP 16 statement if there was a pre-pack; the eight-week proposals; six-monthly progress reports (SIP 7 disclosures); the final report before the administration ends; and any decision procedures on remuneration or extensions. On request you can also see the statement of affairs, sworn by directors under para 47.

Can I object to the administrator's fees?

Yes. Fees must be approved by the creditors' committee or, if none, by the general body of creditors. Objections can be raised at the fee-approval decision procedure. The court has jurisdiction under para 75 Sch B1 to reduce fees. In practice fees are challenged when the SIP 9 disclosure shows disproportionate time-cost compared to results.

What is the para 74 challenge?

Paragraph 74 of Schedule B1 gives any creditor or member the right to apply to court where the administrator is acting, or has acted, in a way that unfairly harms the applicant's interests. Remedies include ordering the administrator to change course, ordering compensation, or replacing the administrator. The bar is high but successful challenges have set aside pre-pack sales and required re-marketing.

Can I set off a debt I owe against a debt owed to me?

Yes, and often to your benefit. Rule 14.24 of the Insolvency Rules 2016 mandates automatic set-off of mutual dealings as at the date of appointment. Only the net balance is provable (if you're a net creditor) or payable (if you're a net debtor). Set-off applies before any preferential or secured ranking, which is why suppliers who bought as well as sold from the company often recover materially more.

Am I entitled to statutory interest on my claim?

Yes, but only after all other debts are paid in full — which is rare in an insolvent administration. Rule 14.23 provides statutory interest at the higher of the judgment rate (currently 8%) or the contractual rate, running from the date of appointment. In effect, statutory interest is a distribution ahead of shareholders but behind ordinary unsecured claims.

What if the administrator will not respond to me?

First, put the request in writing and reference the specific right — proof of debt, progress report, decision procedure. If ignored, complain to the administrator's regulatory body (IPA, ICAEW, ACCA) via the Insolvency Practitioners' complaints gateway on GOV.UK. Serious misconduct or misfeasance can be pursued via para 74 Sch B1 or s.212 IA 1986 court applications.

Creditor of a UK company in administration?

Chris at Sell Ltd tracks live UK administrations from Gazette filings and Companies House. Sign up for alerts when a customer or supplier enters administration.