Enforcement - Not a chance !

Ever tried to enforce your late payment demands. After sending your demand to the customer, when he says NO-WAY, what will you do, commence court action ? Every possibilty you would be laughed out of court. Do you know how many claims have come through the courts ?

This act has serious flaws, such as ' in the interest of justice the judge can remitt any part of the claim for interest due under the act ' In other words a stupid judge ( and they are out there !) just might rule against you and you might end up with the costs for claiming under this legalisation.

Also note that it says the interest can be remitted, what about the compensation element, can they also remitt this ?

Could it be in the interest of justice, that if businesses started to claim that there would just be too many claims.

This is a dead duck piece of useless legalisation, which is totally unenforceable.

Would be interested to see if any business has actually taken this to the high court. I suspect that there are zero rulings on this and until there is, this legalisation is useless.

Perhaps, some organisation might try to take a test case to the courts to a get a ruling on whether or not this legalisation works.

Hi All,
I would thank James for his thought provoking post and would agree that it would be good to see an organisation such as Pay on Time who are clearly knowledgeable on the subject take on a series of cases and see what outcomes they achieve. (Cases would be monitored and nurtured from point of contract through credit control to enforcement)

I fear that until this is done sites such as this although useful information points have little else to offer.

Turning back to the post on "Enforcement Not a chance" is the lack of case law anything to do with the poor quality of credit control within SME's?

Edward Wilkins

Dear Edward

The reason we decided to keep this site on after it was ditched was not to promote the legislation, which I agree is not the panacea, but to help firms with all aspects of credit management. A good end to end credit management system does more to reduce late payment than the act.

Best wishes



Chris