How do I claim statutory interest on a late commercial invoice?

Send a written demand to the late-paying customer that sets out the original invoice, the due date and the number of days overdue. Show the interest calculation at 8% above the Bank of England base rate, plus the fixed compensation for the size of the debt, which is £40, £70 or £100 depending on the invoice value. Add any reasonable debt recovery costs that exceed that compensation. State clearly that the amount is claimed under the Late Payment of Commercial Debts (Interest) Act 1998. You can usually claim retrospectively, because the normal limitation period for a contract debt is six years.

What this means for your business

In practice, you write to the customer once the payment is overdue and set everything out so there is nothing to argue about. List the invoice number, the date it fell due, the number of days late, and the interest calculated daily on the unpaid balance. Add the fixed compensation sum for that debt size and any reasonable recovery costs, such as tracing or solicitor letters, that go beyond it.

Quote the Act by name so the customer knows you are using a statutory right rather than asking a favour. If you use invoice finance, check your agreement first, because the funder may own the debt and control collection. Keep copies of the contract, proof of delivery and every chaser you send, as these decide most disputes.

Key points

Common pitfalls

The most common mistake is using the wrong start date for interest, so check whether the contract set a payment term or the statutory default applied. Another is demanding an invented sum for compensation rather than the fixed amount the Act allows. Do not apply the Act to consumer sales, as it covers business to business contracts only.

Check whether your contract contains a different remedy that is substantial, because that can replace statutory interest. Finally, if the invoice has been assigned to a funder, chasing the customer yourself without agreement can breach your facility terms and confuse the customer about who to pay.

Related questions

Can I charge statutory interest if my invoice terms say nothing about late payment?

Yes, in most business to business sales the right applies automatically, so your terms do not need to mention it. Stating it in your terms and on invoices does make it harder for the customer to dispute and discourages late payment in the first place.

Does claiming statutory interest damage the relationship with a customer?

It can if it comes without warning, so many businesses send a polite reminder first and then a formal demand. Referring calmly to the Act and attaching a clear calculation usually reads as professional, and it often prompts payment without further action.

Who claims statutory interest if my invoices are financed?

That depends on your agreement. With factoring the funder normally controls collections and may decide whether to charge interest, while with confidential invoice discounting you usually chase the customer yourself. Check your facility terms and speak to your provider before sending a demand.

AP

Adam Parker

Founder & Managing Director, Muswell Rose, founder and PSC of Best Business Loans Ltd

Adam is the founder and managing director of Muswell Rose and a founder of Best Business Loans Ltd, the company behind Market Invoice. He spent over three years as managing director of Penny, a UK invoice finance business, and his career runs through insurance, mortgages, commercial finance and fintech lending. He writes the Market Invoice library.

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