× Welcome to the late payment of commercial debts (interest) act. Forum!

Post questions here regarding the use of the Late Payment Legislation

Overseas Debt

More
11 years 11 months ago #656 by abacuspcservices
Hi

I have a question, which is, does the legislation require both parties to be UK based, as I also have a client in South Africa which is also paying late.

Many thanks

Dave

Please Log in or Create an account to join the conversation.

More
11 years 11 months ago #658 by Safe_UK
Replied by Safe_UK on topic Re: Overseas Debt
Hi Dave,

For a debtor based outside of the EU it's a grey area as the act is somewhat less than explicit. If the contract states English law applies the answer is generally yes you can add UK late payment penalties.

But if legal action in foreign jurisdiction is required it is often best to only pursue the original claim without charges. As we have knowledge of cases that have been dismissed due to the inclusion of UK Late payment charges that have been viewed as illegal in foreign courts.

Although taking court action is SA is to be avoided if at all possible as the process can take years.

Please Log in or Create an account to join the conversation.

Time to create page: 0.129 seconds