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Any one dealt with.. Late Payment of Commercial Debts (Interest) Act 1998?

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hort_3
hort_3 Posts: 7 Forumite
edited 18 January 2012 at 9:46AM in Small biz MoneySaving
Has anybody had any dealings with...
Late Payment of Commercial Debts (Interest) Act 1998?

Can you be charged theses after the bills have been paid for and the company no longer exists as it went to administration Feb last year?

This letter has come out of the blue from the administrators

Any advice would be helpful?

Many thanks

Comments

  • They should add it to the bill of the company that no longer exists or write it off.

    Dispute the charge and request they bill it to the company they charged for.
  • Hello Hort
    Under the late payment of commercial debts interest act it is possible to claim interest and compensation on invoices that were paid, but were paid late going back 6 years. This is based on the Limitations Act 1980.

    There is also a provision for administrators to act on behalf of a liquidated company and make a claim which is what I believe you have received.

    There have been a couple of reports about this on the forums of payontime.co.uk and understandably it is not very popular. However I suppose it depends on whether the administrator is working for you or against you.

    I can't see many businesses complaining if an administrator could recover some money from a company that went bust owing money.

    The best bet is to get up to understand the legislation and when an invoice is deemed late. Then talk to the administrator. The onus would be on them to prove you paid late. If it is clear cut that you did then there is not a lot you can do but pay up. It is law. If you had written and agreed terms of payment with the supplier. then this would be your evidence.

    Other circumstances may be where you had a long standing policy over a number of years of paying at the end of the following month (for example). Or a regular undisputed policy of paying on a set amount of days.

    I hope that helps

    David
  • Mistral001
    Mistral001 Posts: 5,429 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    edited 25 January 2012 at 11:26AM
    How late was the payment? If it is more than just a few weeks, I suggest you just pay up and move on. I know that late payers is a scurge of many businesses and often bring them down.
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