Setting expectations & charging interest
The best way to ensure any overdue invoices are paid is to set expectations from the beginning of your client relationships.
Start by outlining your payment terms from the first proposal you send to a client. When both parties are ready to sign a contract, there should be no surprises. Then, review these conditions during your kick-off calls and onboarding process.
When setting these expectations, make sure you cover the following:
How you send your invoices
How your client can pay you
When you send invoices (i.e. day of the month)
Payment terms (i.e. NET 15 for 15 days)
Make sure to have your “accounting house” in order, too. It can be hard to keep track if you’re constantly creating invoices manually and sending them via email every time. Instead, use an intelligent business account with integrated invoicing (such as Tide invoicing).
Top Tip: To see a list of the key features that an invoicing software solution should include, as well as our picks for the best solutions available on the market today, read our guide to the 11 best invoicing software solutions for your small business 🔥
You can also deter late payments by including interest terms in your agreement. The law allows you to do this, thanks to the Late Payment of Commercial Debts (Interest) Act 1998.
This legislation allows you to claim up to 8% interest on unpaid invoices. Just make sure you make this absolutely clear to your client when beginning your relationship.
Finally, make sure the information you include on your invoice is correct. Incorrect information can cause delays or disputes, so always ensure amounts, dates and client details are accurate before sending.
What to do when you’ve not been paid
You’ve sent your invoice, and the client has missed the payment date. The first important step is to keep calm. Sometimes, things slip through the cracks, and people forget. A friendly reminder might be all that’s needed.
Make sure that the first reminder is friendly. Remember, you don’t want to burn client relationships with harsh language. We’ll give you a template for this in the next section.
Don’t be too eager to follow up, either. If your payment terms are 30 days after receipt of invoice, don’t chase up on day 30; wait a few days and send that first reminder.
When reaching out, make sure you’re speaking to the right person. If the company you’re working with has an accounts receivable department, ask your contact if it would be appropriate to reach out to them directly. Remember to include a copy of the invoice in each email.
If email doesn’t work, pick up the phone to ask if your client received your previous emails. Ask them the following questions:
Did you receive my last email about the overdue invoice? (quote the invoice number if necessary)
Do you have any issues with the invoice that we can address while I’m on the phone?
When do you think you can make the payment?
Always keep records of your correspondence (both via email and over the phone). Include who you talked to, the date and the time. This will be invaluable if you need to escalate things further. At some point, you may even need to hit “pause” on services rendered until the invoice is paid.
Email templates
Knowing how to communicate without burning your client relationships can be a delicate balance. Here, we share some templates you can use when chasing late payments.
1. Less than two weeks overdue
Subject line: Overdue payment ([YOUR COMPANY]) – [INVOICE REFERENCE]Hi [CLIENT NAME],I’m following up on invoice number [INVOICE REFERENCE]. It was due for payment on [INVOICE DUE DATE] and I wanted to confirm you received it?I’ve attached the invoice to this email again for reference. Can you please confirm the invoice has been scheduled for payment?Many thanks,[YOUR NAME]
2. More than two weeks overdue
Subject line: Overdue payment ([YOUR COMPANY]) – [INVOICE REFERENCE]Hi [CLIENT NAME],Further to my previous email, I’m reaching out regarding outstanding invoice [INVOICE REFERENCE] / [INVOICE BALANCE].As the invoice is overdue, can you please update the payment status? If there are any issues, such as missing information, please let me know and I’ll send over an amended invoice.I’ve attached the invoice to this email for reference.Thanks,[YOUR NAME]
3. Interest warning (30 days or more)
Subject line: Overdue payment ([YOUR COMPANY]) – [INVOICE REFERENCE]Hi [CLIENT NAME],Further to my previous email, I’m contacting you again on behalf of [YOUR COMPANY] regarding outstanding invoice [INVOICE REFERENCE] / [INVOICE BALANCE].To remind you, as per our service agreement, we are entitled to charge X% interest per [DAY/WEEK] of the invoice going unpaid. I’d love to avoid this, so please let me know if there are any issues. I’ve attached the invoice to this email again for convenience.Thanks,[YOUR NAME]
4. Final reminders (Extremely late invoices)
Subject line: Final reminder ([YOUR COMPANY]) – Invoice [INVOICE REFERENCE]Hi [CLIENT NAME],Further to my previous email, I’m contacting you on behalf of [YOUR COMPANY] regarding invoice [INVOICE REFERENCE] / [INVOICE AMOUNT DUE].This invoice was due for payment on [DUE DATE] and remains unpaid.As we’ve not heard from you, I’m afraid we will shortly begin legal proceedings to receive the amount owed to [YOUR COMPANY].Immediate payment will result in us closing this issue without the need for legal action. I’ve attached a copy of the invoice to this email for convenience.Thanks,[YOUR NAME]
Seeking legal advice & mediation
The thought of seeking legal advice can seem overwhelming and perhaps unnecessary. However, when it comes to monies owed and the cash flow health of your business, it’s simply a part of doing business.
Here, we’ll cover three approaches you can choose depending on your situation. However, this is to be used as a point of reference only. We highly advise you to seek legal counsel from a professional solicitor before taking action.
Mediation
At the first stage, it’s best to get into a room to discuss the issue with your client and look for the best way to fix it.
This mediation process allows you both to discuss any miscommunication issues or address any internal problems head-on. It’s also much cheaper than legal proceedings.
You can learn more about mediation on the Civil Mediation Council’s website.
Statutory demand
A statutory demand is a formal, legal letter sent to the client, to which they have 21 days to respond. If the letter is ignored, you can take the client to court.
Ignoring a statutory demand carries serious risks, increasing a company’s chance of being liquidated. If you are being ignored, you can attempt to wind up a company if their debts are over £750. If you file a wind-up petition and a company ignores you, it will be listed in the Gazette and risks having its bank accounts closed and lines of credit denied.
In a more serious effort, you can apply to bankrupt a company if their debts are over £5,000. In both cases, you must be able to prove the company cannot pay their debt to you.
You can serve a statutory demand letter yourself, but be aware of the strict criteria required to uphold it. Again, we highly recommend seeking legal advice before following this route yourself.
Court action
If the invoice hasn’t been disputed throughout the entire process (including your invoice email follow-ups), you can take court action.
For claims under £100,000, follow the process online as outlined by the Justice Department. When going this route, you must prove sufficient communication between you and the client.
If the client disputes your claim, you may be required to attend court. Make sure you check out the Money Claim Online (MCOL) guide from HM Courts & Tribunal Service to ensure you’ve collected and provided all the correct information.
To begin this process, follow the process on Money Claim Online. Once again, make sure you seek legal advice before taking any action.
How long can you chase an invoice for?
According to the Limitation Act (1980), you can chase an unpaid invoice for up to six years after it was first issued. This includes any invoice payment follow-up you have done yourself and any legal proceedings issued against the client.
In some instances, clients may claim to have never received the goods or services or argue that they didn’t receive any payment reminders. For this reason, keep accurate records of your efforts to chase late payments. If a debt collection agency is involved, make sure you also have copies of those records.
Top Tip: Do you need extra help to improve your invoicing and avoid sending payment reminder emails? Read our guide for how to streamline your invoice process 📩