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Debt Recovery

How to Recover Unpaid Invoices: A UK Business Guide

Late payment is one of the biggest threats to a small business's cash flow. Here's a calm, escalating process for getting paid what you're owed.

Step 1: Send a polite reminder

Most late payments are oversights. A friendly reminder around the due date, restating the invoice details and how to pay, resolves many cases without any friction.

Step 2: Send a firmer chase

If the reminder goes unanswered, follow up more firmly. Reference the previous reminder, set a clear new deadline, and note that you may add interest and pursue the debt further.

Step 3: Claim interest and compensation

For most commercial debts, you can claim statutory interest and a fixed compensation sum on late payment under the Late Payment of Commercial Debts legislation. Mentioning this often prompts payment.

Step 4: Send a letter before action

This is the formal step before court. For debts owed by individuals or sole traders, it must follow the Pre-Action Protocol for Debt Claims, giving specific information and usually 30 days to respond.

Skipping the letter before action, or getting the protocol wrong, can get your claim delayed or cost you in costs penalties later. It's worth getting this step right.

Step 5: Court action

If the debt is still unpaid, you can issue a claim, often through the online Money Claim service for straightforward sums. For larger undisputed debts, a statutory demand may be an alternative route.

Legal Lift's Debt Recovery templates cover every stage, from reminder to letter before action, all drafted to follow the correct process.

Frequently asked questions

How much statutory interest can I charge on a late commercial payment?

Under the Late Payment of Commercial Debts (Interest) Act 1998, you can typically charge interest at the Bank of England base rate plus 8%, on top of a fixed compensation sum that scales with the debt size.

Is there a time limit for chasing an unpaid invoice through the courts?

Generally six years from when the debt became due, under the Limitation Act 1980 — after that the debt is usually 'statute-barred' and court action isn't possible, so don't leave it too long.

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