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part payment received

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11 years 10 months ago #879 by engone007
I issued a company with a final notice last week. The notice referred to 3 unpaid invoices. I told the company that they would be required to pay the total amount of the 3 invoices, plus £70 recovery fees, plus interest on each invoice, calculated at the prescribed rate of 8% plus base rate ie 8 1/2%, or I would commence legal action. The company has now paid 1 invoice only. What should I do regarding the recovery cost and interest, and should I continue to start an online money claim through the court for the remaining debt?

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11 years 10 months ago #880 by David J
Replied by David J on topic Re: part payment received
Hello Ivor
When you make a claim and the invoice only is paid, that payment covers the interest and compensation first, then the balance pays off the invoice. This means that not all of the invoice is paid so interest will continue to accrue on a daily rate on the FULL amount of the invoice.

For example:

Compensation £70.00
31 days interest £7.22 (based on a daily interest rate of: £0.23p per day)
Invoice £1000.00
Total owed £1077.22


If just the principal is paid then the calculation would be:

Compensation £00.00
31 days interest £0.00
Invoice £77.02
Total owed £77.22

As there is still an outstanding amount owed om the invoice, interest continues at £0.23p per day.

I would make the debtor aware of this fact. Taking the claim further is only a decision that you can make. Action sooner rather than later is the better option though and you could either use money claim online or the services of a good DCA.

Regards

David

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11 years 4 months ago #974 by xsxnsjgr
Replied by xsxnsjgr on topic Re: part payment received
From payontime.co.uk/late-payment-legislation-frequently-asked-questions#partiallysettled

"How do I deal with collecting late payment interest when the invoice has been partially settled?

In legal terms, interest continues at the 'daily rate' on the whole of the outstanding debt. Charging interest is designed to be a spur to payment. You should use the interest charge to encourage the debtor to pay on time i.e. explain to the debtor that they can avoid these extra costs if he/she pays according to terms."

I'm confused as to what it means by the "whole of the outstanding debt" is that the initial invoice, or what remains of the balance.

i.e. if I have an invoice for £5k that is overdue and someone pays £4k, am I charging interest on the £5k or the outstanding balance of £1k?

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11 years 4 months ago #976 by Safe_UK
Replied by Safe_UK on topic Re: part payment received
Technically you are allowed to continue claiming interest on the entire amount. So in your example you would calculate the interest on the whole £5k, even after you had received payment of the £4k.

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11 years 4 months ago #977 by xsxnsjgr
Replied by xsxnsjgr on topic Re: part payment received
Thanks, that's what I was hoping was the case.

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