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Late commercial payments • interest • compensation • recovery costs

Late Payment Interest & Compensation

Qualifying commercial debts can attract more than the unpaid principal. Depending on the contract and statutory regime, a creditor may be entitled to late-payment interest, fixed compensation and additional reasonable recovery costs.

KEY ANSWER

The position in brief

For qualifying business-to-business transactions, statutory interest is 8% above the applicable Bank of England reference rate. The reference rate is fixed for six months: the Bank rate on 31 December applies from 1 January to 30 June, and the rate on 30 June applies from 1 July to 31 December. The statutory regime does not normally apply where the contract already provides a different substantial remedy for late payment.

Once statutory interest runs, the supplier can also be entitled to fixed compensation of £40 for a debt under £1,000, £70 for a debt from £1,000 to under £10,000, and £100 for a debt of £10,000 or more. If reasonable recovery costs exceed the fixed sum, the supplier may also claim the difference.

Legal issues

The entitlement comes from the Late Payment of Commercial Debts (Interest) Act 1998 and the associated rate regulations. Before claiming, the contract should be reviewed for any agreed interest or late-payment remedy and to determine whether the debt is a qualifying commercial debt.

If the parties agreed a payment date, that date normally controls subject to the statutory rules on unfairly long terms. If no payment date was agreed, GOV.UK states that payment becomes late 30 days after the later of the customer receiving the invoice or the goods/services being supplied. The applicable statutory interest rate is then based on the relevant six-month reference rate, not simply today's Bank rate.

The Bank of England rate in force on 31 December is fixed as the reference rate for 1 January to 30 June; the rate in force on 30 June is fixed for 1 July to 31 December. The calculation should identify the principal, due date, applicable reference rate, daily rate and any payments or credits.

Evidence that matters

Keep the contract, terms, invoices, due dates, payment history, statements, reminders and evidence of any recovery costs claimed beyond the fixed statutory sum.

Reasonable lines of enquiry

Check whether the debtor has challenged liability, whether a contractual interest clause provides a substantial remedy, whether the debt arose from a qualifying commercial transaction, and whether any payments or credit notes reduce the principal on which interest is calculated.

What happens next

Interest and compensation can be included in a pre-action demand and, where appropriate, pleaded in a court claim. GOV.UK guidance states that if statutory interest is added to a late commercial payment, a new invoice should be sent for the interest claimed.

Immediate steps

Identify every unpaid invoice and due date, check the contract for an interest clause, identify the correct six-month Bank of England reference rate, calculate simple interest to a defined date and keep the calculation transparent.

What should you send us?

Send the contract, terms, invoices, statement, due dates, payment history and any clause dealing with interest, compensation or recovery costs.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can determine whether the statutory regime applies, calculate interest and compensation, review any contractual alternative, prepare the demand and include the correct figures in court proceedings where necessary.

NEXT STEP

Calculate late-payment interest and compensation

Send the invoices, due dates and contract terms and we can calculate what can properly be claimed.

Calculate late-payment interest and compensation

FREQUENTLY ASKED QUESTIONS

Questions about this issue

What is the statutory interest rate on late commercial debts?

For qualifying commercial debts, the statutory rate is 8% above the applicable Bank of England reference rate. The rate fixed on 31 December applies from January to June and the rate fixed on 30 June applies from July to December.

How much fixed compensation can I claim?

The statutory fixed sums are £40 for debts below £1,000, £70 for debts from £1,000 to below £10,000 and £100 for debts of £10,000 or more.

When is a commercial payment legally late if no payment date was agreed?

GOV.UK states that where no payment date was agreed, payment is late 30 days after the later of the customer receiving the invoice or the goods or services being supplied. Contractual terms and any acceptance procedure should still be checked.