25.—(1) A creditor who is not bound by a debt repayment plan that has come into effect may file a proof of debt to the Official Assignee in respect of any debt that the creditor alleges is owed to the creditor by the debtor.
(2) For the purposes of section 294(2) of the Act, a creditor filing a proof of debt mentioned in paragraph (1) must file the proof of debt with the Official Assignee —
(a)
in Form DRS-1;
(b)
in accordance with the Filing of Documents Regulations; and
(c)
together with the appropriate fee.
(3) If the proof of debt is filed by a creditor in accordance with regulation 12(1) of the Filing of Documents Regulations, a copy of each document substantiating the claim specified in the proof of debt —
(a)
must be filed together with the proof of debt; or
(b)
where the Official Assignee is of the opinion that the creditor will incur unreasonable expense or suffer unreasonable inconvenience in complying with sub‑paragraph (a) — must be sent to the Official Assignee within 14 days after the date of filing of the proof of debt, in such manner as the Official Assignee may specify in any practice directions issued by the Official Assignee.
(4) If the proof of debt is filed by a creditor in accordance with regulation 12(2) of the Filing of Documents Regulations, a copy of each document substantiating the claim specified in the proof of debt must be filed together with the proof of debt.
(5) A creditor must bear the cost of proving the creditor’s debt.
(6) The Official Assignee must, within 21 days after receiving the proof of debt filed under paragraph (2), determine if the debt claimed is a debt provable under the debt repayment scheme in accordance with section 294(1) of the Act.
(7) Before the Official Assignee admits or rejects in whole or in part a proof of debt filed under paragraph (2), the Official Assignee must examine the proof and the grounds of the debt, and may require further evidence in support of the proof of debt from the creditor who filed the proof of debt.
(8) If the Official Assignee determines that the debt or any part of the debt filed under paragraph (2) is provable under the debt repayment scheme against the debtor in question, the Official Assignee must admit the debt in whole or in part, as the case may be.
(9) If the Official Assignee determines that the debt or any part of the debt claimed under the proof of debt filed under paragraph (2) is not provable under the debt repayment scheme against the debtor in question, the Official Assignee must reject the debt in whole or in part, as the case may be.
(10) Where the Official Assignee admits or rejects in whole or in part a proof of debt filed under paragraph (2), the Official Assignee must inform the debtor in question and the creditor who filed the proof of debt of the Official Assignee’s decision in writing within 7 days after the date of the decision.