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Late Payment of Commercial Debts Act: Freelancer's Guide to Claiming Interest + Compensation

Updated: March 2026 · For UK freelancers, contractors, and sole traders

Most UK freelancers don't know this: you have a legal right to charge interest and claim compensation on every late invoice. It's not optional generosity from your client — it's the law.

The Late Payment of Commercial Debts (Interest) Act 1998 gives you automatic entitlements that apply even if your contract doesn't mention them. Here's exactly how it works and how to use it.

📌 The headline numbers (March 2026):

How statutory interest works

The interest rate is fixed at 8% above the Bank of England base rate. It's calculated on a daily basis from the day after the payment was due.

The base rate that applies is the rate on the day the debt becomes late — not the current rate. If the base rate changes while the debt is outstanding, the original rate still applies to that debt.

When does interest start?

Quick calculator

For a more detailed breakdown, use our Late Payment Interest Calculator.

Fixed compensation

On top of interest, you're entitled to a fixed sum of compensation for each late invoice:

Invoice amountCompensation
Up to £999.99£40
£1,000 — £9,999.99£70
£10,000+£100

You can also claim reasonable recovery costs if they exceed the fixed compensation — for example, debt collection agency fees or solicitor's costs.

💡 Worked example:

You invoiced £3,000 with 14-day payment terms. The client pays 45 days late.

That's money the client legally owes you on top of the original invoice.

How to claim it: step by step

1. Include it in your payment terms (prevention)

Before work starts, make your payment terms clear. Include a clause like:

"Payment is due within [14/30] days of invoice date. In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, we reserve the right to charge statutory interest at 8% above the Bank of England base rate, plus fixed compensation of £40-£100, on any overdue amounts."

This doesn't create the right (you already have it by law), but it makes clients aware of the consequences.

2. Reference it in your chase emails

When following up on a late invoice, mention the Act specifically:

"Please note that under the Late Payment of Commercial Debts (Interest) Act 1998, statutory interest of 12.5% per annum and fixed compensation of £[40/70/100] are applicable to overdue invoices. I would prefer to resolve this amicably and without additional charges."

This is often enough to prompt payment. Most clients don't want the hassle of fighting a statutory entitlement.

3. Add it to your final demand

If the invoice remains unpaid after two or three reminders, include the calculated interest and compensation in your final demand letter.

4. Include it in any court claim

If you proceed to small claims court, you can claim the original amount plus all accrued interest and compensation. Courts routinely award statutory interest on commercial debts.

Common questions

Can my client's contract override statutory interest?

A contract can substitute different payment terms, but they must provide a "substantial remedy" for late payment. If the alternative terms are significantly worse than statutory provisions, they can be challenged as unfair.

A contract term that says "no interest on late payments" is likely unenforceable. The Act was specifically designed to prevent larger businesses from imposing unfair terms on smaller suppliers.

Does this apply to public sector clients?

Yes — and they have stricter rules. Public bodies must pay within 30 days and cannot contractually extend this period. The same interest rate and compensation apply.

Can I waive my right to interest?

You can choose not to charge it, but you can't be forced to waive it in advance. If a client asks you to sign a contract waiving statutory interest, that clause may be unenforceable.

Will claiming interest damage the client relationship?

This is the most common concern. In practice:

Template: adding late payment terms to your invoice

PAYMENT TERMS Payment is due within [14/30] days of invoice date. Late payment: In accordance with the Late Payment of Commercial Debts (Interest) Act 1998, invoices not paid within the agreed terms will incur: • Statutory interest at 8% above the Bank of England base rate (currently 12.5% p.a.) • Fixed compensation of £40 (debts under £1,000), £70 (£1,000-£9,999), or £100 (£10,000+) • Reasonable recovery costs where applicable

Related resources

📦 Everything You Need to Get Paid

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