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9 years 3 months ago #1864 by roberthunter
I have in my Terms and Conditions a provision that if payment is late beyond the agreed period, interest shall be payable in accordance with The Late Payment etc Act. A client has said that this stipulation means that a substantial remedy for late payment was in place and therefore the £40/70/100 is not payable.

I shall be grateful to hear if that is the case.

Thank you.

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8 years 5 months ago #1948 by johnsanders
I'm also interested in this issue. Can anybody help me in this tough situation?

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8 years 5 months ago #1949 by james@cpa.co.uk
No, the client is wrong. Stating that interest is payable on late payments doesn't mean you can't claim late payment compensation. If you had terms and conditions that explicitly stated that you waived your right to the late payment compensation then they might possibly have a point (I am not even sure you can contractually waive this as it is a right enshrined in law). But their absence from the terms and conditions doesn't mean they are waived.

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8 years 5 months ago - 8 years 5 months ago #1950 by roberthunter
Thanks for this.

I have now amended my Terms & Conditions as follows:-

Payment of each invoice is due no later than 28 days after the date of the invoice. If payment is made after this date:-
• interest is payable in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended for every day the amount remains outstanding together with
• the appropriate sum of “Compensation arising out of late payment” as set out in the Act.

Although it appears this is not necessary I shall continue to include it as it avoids any argument.

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