• Home
  • Our Services
  • Price List
  • About Us
  • Open An Account
  • Contact Us
  • Home
  • Debt Recovery
  • Letter Before Action
  • Late Payment Letter
  • Pre-Action Protocol Letter
  • Court Action
  • Judgment
  • Enforcement Action
  • Warrant of Control
  • Writ of Control
  • Attachment of Earnings Order
  • Charging Order
  • Debtor Tracing
  • Book Debt Realisation
  • Commercial Dispute Resolution
  • Insolvency Law
  • Statutory Demand
  • Pre-Winding Up Letter
  • Bankruptcy Petition
  • Winding Up Petition
  • Price List
  • About Us
  • Meet The Team
  • Join Our Team
  • Open An Account
  • Contact
  • Testimonials
  • Our Award Nominations
  • Corporate Social Responsibility
  • Blog
  • Late Payment Law
  • Complaints Procedure
  • Debt Collection Solicitors
  • Privacy Policy
  • Twitter
  • Instagram
  • YouTube

Recent Posts

  • Can You Claim Interest On An Unpaid Debt?
  • Is It Worth Going To Court For An Unpaid Invoice?
  • Common Pitfalls With DIY Debt Recovery
  • Debt Collection Solicitor v Debt Collection Agency: What’s Best?
  • How To Recover Unpaid Debts Without Losing Customers

Can You Claim Interest On An Unpaid Debt?

  • Bennett Williams Solicitors
  • Debt Recovery Blog
  • August 28, 2025

Introduction

As a business owner, there’s nothing worse than supplying goods and/or services on credit and then having to wait for payment.  A question we are often asked is: can you claim interest on an unpaid debt?

Contractual Interest On Unpaid Debts

If you have a written contract with your customer or client, it is possible it will contain a clause providing for contractual interest on unpaid debts.

In an ideal world, an interest clause in a contract will set out:

  • The percentage rate of interest in the event of late payment.
  • The date from which interest can be claimed in the event of late payment.
  • The date to which interest can be claimed in the event of late payment.

Statutory Interest On Unpaid Debts

Statutory interest is interest you are entitled to claim by reason of an Act of Parliament.  These include:

  • The Senior Courts Act 1981;
  • The County Courts Act 1984; and
  • The Late Payment of Commercial Debts (Interest) Act 1998.

Interest Under The Senior Courts Act 1981

Section 35A of the Senior Courts Act 1981 gives the High Court power to award interest on claims that are issued in the High Court.  This power is discretionary and this means the High Court can reduce or remove a claimant’s claim for interest if it believes the claimant has acted unreasonably.

The percentage rate of interest under the Senior Courts Act 1981 is 8% per annum.

Interest Under The County Courts Act 1984

Section 69 of the County Courts Act 1984 gives the County Court power to award interest on claims that are issued in the County Court.  As with claims for interest in the High Court, this power is discretionary.

The percentage rate of interest under the County Courts Act 1984 is also 8% per annum.

Interest Under The Late Payment Of Commercial Debts (Interest) Act 1998

The Late Payment of Commercial Debts (Interest) Act 1998 came into force on 1 November 1998.  It was introduced to help businesses recover the cost of late payment from their customers and clients.

Under the Late Payment of Commercial Debts (Interest) Act 1998, simple interest can be claimed at the rate of 8% per annum on ‘qualifying debts’.

To claim interest under the Late Payment of Commercial Debts (Interest) Act 1998, both purchaser and supplier must be acting in the course of a business.

Can You Claim Contractual Interest And Statutory Interest?

The answer to this question is “no”.

Contractual Interest Or Statutory Interest: Which Is Best?

The answer to this question is “it depends”.  Contractual clauses providing a contractual entitlement to interest on an unpaid debt will vary from contract to contract.  In many cases, however, the rate of contractual interest will be higher than the rate of statutory interest.

What Are The Benefits Of Claiming Interest On An Unpaid Debt?

There are a number of benefits associated with claiming interest on an unpaid debt.  These include:

  1. Helps to recover the cost of debt recovery.
  2. Encourages timely payments.
  3. Contributes towards administration costs.
  4. Reflects market interest rates.
  5. Protects against inflation.

How Do You Calculate Interest On An Unpaid Debt?

To calculate interest on an unpaid debt, you can take the following steps:

  1. Multiply the amount of the unpaid debt by the rate of interest you are looking to claim.  This will give you the annual rate of interest.
  2. Divide the resulting sum by 365.  This will give you the daily rate of interest.
  3. Multiply the daily rate of interest by the number of days the debt has been overdue.  This will give you the total amount of interest you are entitled to.

Many businesses wanting to claim interest an unpaid debt turn to the services of a firm of debt collection solicitors.

Conclusion

Yes, you can claim interest on an unpaid debt.  This claim can be founded on a contractual basis or on a statutory basis.  In the context of a business relationship, late payment legislation has been introduced to specifically compensate businesses for customers and clients who fail to pay on time.

There are a number of benefits to claiming interest on an unpaid debt.  The most important of these is helping to recover the cost of debt recovery.


We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Cookie settingsACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT