
Invoice factoring: cash from your invoices, with collections handled for you
Invoice factoring is a form of invoice finance where a funder advances most of the value of your unpaid business invoices,…
A practical routine for chasing late invoices, your rights to statutory interest and compensation, when to go to court, and how to stop waiting for cash.
Late payment is the most common cash flow problem for UK businesses that sell on credit, and the one most owners handle least systematically. This guide is for directors and sole traders owed money by other businesses: how to prevent late payment, a chasing routine that works, your legal rights to interest and compensation, and what to do when a customer simply will not pay. Smart Funding Solutions is a broker arranging finance from around £10,000 to £500,000+, with larger facilities available in suitable cases, including invoice finance for businesses that want to stop waiting; our invoice finance hub explains those options. Most of this guide, though, is about getting paid without borrowing at all.
Most late payment is decided before the work is done. The businesses that get paid on time tend to do four things:
Consistency matters more than tone. Customers pay the suppliers who chase predictably first.
Keep a log of every contact. If the debt ends up in court, a dated record of reminders and promises is evidence.
The Late Payment of Commercial Debts (Interest) Act 1998 applies to contracts between businesses. Unless your contract sets out its own substantial remedy for late payment, you can claim:
If no payment date was agreed, payment is due 30 days after the customer receives the invoice or the goods or services, whichever is later. GOV.UK sets out the rules, including how the reference base rate is fixed, in its guide to charging interest on late commercial payments.
Many owners never claim, fearing it will damage the relationship. A practical middle course is to state the right on every invoice and in the first formal reminder, then decide case by case whether to enforce it. Customers who know you are aware of the law tend to move you up the payment queue.
Non-payment usually has one of three causes: a genuine query, a customer with cash flow trouble, or a customer using you as free credit. A query needs resolving, ideally by paying the undisputed part now. Cash flow trouble may justify an instalment plan in writing. Deliberate delay calls for escalation.
If your business has fewer than 50 staff and the customer is larger, the Small Business Commissioner can take up a complaint about late payment and unfair payment practices, free of charge. It is a useful step before court, and large companies tend to respond to it.
A letter before action sets out the debt, interest and compensation, and gives a deadline, commonly 14 days for a company. If the debtor is a sole trader or individual, the Pre-Action Protocol for Debt Claims applies, which requires a specific information sheet and at least 30 days to respond. After that, in England and Wales you can make a court claim for money online. Court fees depend on the amount and can usually be added to the claim. Scotland and Northern Ireland have their own procedures.
For an undisputed debt owed by a company, a statutory demand followed by a winding-up petition is a powerful but blunt tool. It should never be used on a disputed debt, because the court can order costs against you, and it may end the customer relationship and your chance of further work. Take legal advice first.
If you account for VAT on invoices and a customer never pays, you may be able to reclaim the VAT through bad debt relief once the debt is more than six months overdue and has been written off in your VAT records. Bad debts written off can also be deducted for income tax or corporation tax. Ask your accountant to review aged debts at each year end so nothing is missed.
£150,000A transaction we arrangedMain contractors slow to pay. £150K released from selected invoices.A specialist subcontractor wanted cash from a few large invoices without putting its whole sales ledger on a factoring facility.Chasing gets you paid sooner; finance gets you paid now. If customers are good for the money but slow, these options turn the ledger into cash:
If one slow customer accounts for most of your ledger, read our page on high-concentration invoice finance; for overseas customers, see export invoice finance. Barristers, accountants and other professionals waiting on fees should read our guide to aged debt funding. To compare providers, see our invoice finance comparison guide.
A history of late payers does not rule out invoice finance, but it shapes how much a provider will advance. Expect it to check:
If late payment has left a hole in cash flow that chasing alone will not fill in time, for wages, a VAT quarter or a supplier deadline, we can look at what fits.
It is free to enquire; any broker fee is disclosed separately before you proceed. If tax is the pressure point, our comparison of Time to Pay and tax loans may help first.
This guide is general information, not financial advice. Lenders set their own criteria, rates and terms, and all finance is subject to status.
Not ready for the full application? Leave a few details and a broker will call you to talk it through. It is free, with no obligation.
Yes. Statutory interest under the 1998 Act applies to business-to-business contracts automatically unless the contract provides its own substantial remedy for late payment. You do not need to have warned the customer in advance, although stating it on your invoices tends to improve payment times.
Yes. Public authorities are businesses for this purpose and statutory interest applies to them. Public bodies are also expected to pay undisputed invoices no later than 30 days after receipt and pass those terms down their supply chains, so a public sector customer paying late is often worth escalating through its finance or procurement team.
An agency can be effective when your own letters have failed and the debt is undisputed. Agencies charge a percentage of what they recover or a fixed fee, and you may be able to recover reasonable costs from the debtor under the 1998 Act. Check the agency's charges, and whether it handles court action, before you instruct it.
Usually, if your contract allows you to suspend supply for non-payment; check the terms first. Construction contracts are different: the Construction Act gives a statutory right to suspend work for non-payment, but only after the correct notices. Stopping supply without a contractual right can expose you to a claim.
Once a customer enters administration you generally cannot keep chasing or take court action for the late payment without permission, so the usual step is to submit a claim to the administrator as an unsecured creditor and stop supplying on credit. Recovery is often limited and slow, so check whether you hold retention of title over goods supplied. Credit-protected invoice factoring is one way to reduce this risk in future.

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A short conversation is often enough to know which lenders will look at your case and how to present it. There is no obligation, and it is free to enquire.