"Terms of business" "late payment charge / fee"

InFi[D]eL

Hi,

I hope this is the right section. Truth be told I was having trouble working out where to post this.


So in short I've an outstanding bill with a local veterinarian. I've been in contact and have made some payments; there's not a large amount outstanding now either.

I received a letter in the post yesterday morning demanding payment but one line in the letter reads as:
"In accordance with our Terms of Business, we reserve the right to add late payment charges if your account is not settled within the next 5 days"

Now they may have the right to levy this fee but have no right to enforce it. Needless to say if they do try I'll not be paying it regardless but my question is this:

Can they pursue a civil case against me for not paying this fee? I know they won't over so small an amount outstanding but can they? Am I somehow bound by their terms of business that would mean they theoretically had a case?

Deastons

InFi[D]eL wrote: »

Hi,
"In accordance with our Terms of Business, we reserve the right to add late payment charges if your account is not settled within the next 5 days"

I think this would depend entirely on exactly what their terms say. Does it say you have a certain amount of time to pay after which they will charge an additional fee?

InFi[D]eL wrote: »

Now they may have the right to levy this fee but have no right to enforce it.

If it's in their terms then that forms part of the contract between you and them, so they can indeed enforce it as you would be in breach of contract.

InFi[D]eL

But can I be in breach of contract if I didn't sign anything? Surely to enforce a terms of business in this manor requires me to have read and consented?

I know in some instances using a service constitutes consent but I thought this fact had to be disclosed first by them?

They can't enforce it even if it's a breach of contract, they'd have to make a civil case it's not like they have any powers. I just wondered if it can be considered a breach of a contract when they didn't make it clear such a contract existed to begin with.

Deastons

InFi[D]eL wrote: »

But can I be in breach of contract if I didn't sign anything?

You don't have to physically sign something to form a contract. I'm assuming they made you aware of their terms and then you agreed to proceed (as in let them care for your pet). At that point a contract was formed: they agreed to treat your pet, you agreed to pay them [within a certain time].

InFi[D]eL wrote: »

they didn't make it clear such a contract existed to begin with.

Then that's a different matter. Was their nothing on the receipt or in the reception of the vets that mentions their terms and conditions?

They can still attempt to enforce it, but if they never made you aware of their terms then they don't have a case, so I wouldn't worry about it.

George_Michael

Leave any part of the bill unpaid (including the interest) and you may well find yourself blacklisted from that vet and all other vets in the area, something that could cause problems if you need one of them in a hurry.

Aylesbury_Duck

InFi[D]eL wrote: »

Surely to enforce a terms of business in this manor requires me to have read and consented?

Which manor is that, geeza? Walthamstow?

InFi[D]eL

Aylesbury_Duck wrote: »

Which manor is that, geeza? Walthamstow?

Haha no. Wingfield manor (or what's left of it) :rotfl:


Thank you everyone for your words. The appointment to which is owed was actually an emergency and nothing was disclosed relating to expectations be them mine or theirs.


I've sent in a polite email and made it clear that as soon as I can pay them I will do so. I was just curious about how / if they can enforce a contract that wasn't made apparent.

Thank you everyone for your contributions.

Deastons

InFi[D]eL wrote: »

Thank you everyone for your words. The appointment to which is owed was actually an emergency and nothing was disclosed relating to expectations be them mine or theirs.

Out of interest, why didn't you pay at the point of treatment? Seems odd to treat a pet and then just let the owner walk out the door.

Undervalued

George_Michael wrote: »

Leave any part of the bill unpaid (including the interest) and you may well find yourself blacklisted from that vet and all other vets in the area, something that could cause problems if you need one of them in a hurry.

I don't think a vet is allowed by law to refuse to provide emergency treatment to an injured or suffering animal.

ssparks2003

Why don't you just pay them instead of expecting them to bank roll you? Seems like you are not keen to meet your side of the contract after they helped your pet.

Deastons

Undervalued wrote: »

I don't think a vet is allowed by law to refuse to provide emergency treatment to an injured or suffering animal.

I've never heard that and would be very surprised if that's true. Vets are a business, not a public service.

I can believe that being in the vet's code of practice, but not law.