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Late Payment Agreement for the United Kingdom

Late Payment Agreement Template for England and Wales

A Late Payment Agreement is a legally binding document under English and Welsh law that formalizes arrangements between creditors and debtors regarding overdue payments. The agreement sets out new payment terms, including installment schedules, interest calculations as per the Late Payment of Commercial Debts (Interest) Act 1998, and consequences of default. It provides clarity and structure to debt resolution while protecting both parties' interests under English law.

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Late Payment Agreement

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What is a Late Payment Agreement?

A Late Payment Agreement becomes necessary when a debtor has failed to meet original payment obligations and both parties wish to establish a formal arrangement for settling the outstanding debt. This document, governed by English and Welsh law, typically includes details of the original debt, new payment schedules, interest calculations, and default provisions. It provides legal certainty and protection for both parties while ensuring compliance with relevant legislation such as the Late Payment of Commercial Debts (Interest) Act 1998 and associated regulations.

What sections should be included in a Late Payment Agreement?

1. Parties: Identification and details of the creditor and debtor

2. Background: Context of the original debt and circumstances leading to late payment

3. Definitions: Key terms used throughout the agreement

4. Original Debt Details: Amount, origin, and due date of the original debt

5. Payment Terms: New payment schedule, amounts, and deadlines

6. Interest Calculations: Applicable interest rates and calculation method

7. Default Provisions: Consequences of failing to meet new payment terms

8. Signatures: Execution blocks for all parties

What sections are optional to include in a Late Payment Agreement?

1. Security Provisions: Details of any collateral or guarantees - include when additional security is being provided

2. Third Party Guarantors: Details of guarantors and their obligations - include when a guarantee is part of the arrangement

3. Early Payment Provisions: Terms for early settlement - include when early payment options are offered

4. Debt Recovery Costs: Allocation of costs incurred in debt collection - include when recovery costs are to be charged

What schedules should be included in a Late Payment Agreement?

1. Payment Schedule: Detailed breakdown of payment dates and amounts

2. Interest Calculation Schedule: Detailed methodology for interest calculations

3. Original Debt Documentation: Copies of relevant invoices or original agreements

4. Security Documentation: Details of any security arrangements or guarantees

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Relevant legal definitions

























Clauses



























Industries

Late Payment of Commercial Debts (Interest) Act 1998: Primary legislation governing late payments in commercial transactions, establishing statutory interest rates, compensation for debt recovery costs, and defining when payments become 'late'

Late Payment of Commercial Debts Regulations 2013: Implementation of EU Directive 2011/7/EU into UK law, covering maximum payment terms, verification periods, and automatic entitlement to interest

Limitation Act 1980: Sets time limits for bringing claims and establishes statute of limitations for debt recovery actions

Consumer Credit Act 1974: Regulates consumer credit agreements, including consumer protection provisions and credit agreement regulations when dealing with individual consumers

Unfair Contract Terms Act 1977: Controls reasonableness of contract terms and places limitations on exclusion clauses in contracts

Consumer Rights Act 2015: Governs fairness and transparency requirements in consumer contracts, particularly relevant if the late payment agreement involves consumers

Common Law Principles: Established case law and principles regarding contract formation, enforcement, and remedies in English contract law

Debt Recovery Procedures: Legal procedures and requirements for recovering debts under English and Welsh law

Interest Rate Regulations: Rules governing the application and limits of interest rates in late payment scenarios

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