Past Due Payment Arrangement Agreement for the United Kingdom

Past Due Payment Arrangement Agreement Template for England and Wales

A Past Due Payment Arrangement Agreement is a legally binding document under English and Welsh law that formalizes the terms for settling an overdue payment obligation. It establishes a structured repayment plan between a creditor and debtor, outlining specific payment terms, schedules, and consequences of default. The agreement provides protection for both parties by clearly documenting the debt acknowledgment, payment terms, and enforcement mechanisms within the jurisdiction of England and Wales.

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What is a Past Due Payment Arrangement Agreement?

The Past Due Payment Arrangement Agreement is utilized when parties need to formalize terms for settling outstanding debts in England and Wales. This document becomes necessary when standard payment terms have not been met and parties wish to establish a new, structured repayment plan. It provides clarity and legal certainty by documenting the acknowledged debt, agreed payment schedule, and consequences of non-compliance. The agreement is particularly valuable for businesses managing cash flow and maintaining commercial relationships while ensuring debt recovery. It incorporates relevant provisions of English commercial law and can be customized to include interest charges, security arrangements, and early payment options.

What sections should be included in a Past Due Payment Arrangement Agreement?

1. Parties: Identification and details of creditor and debtor

2. Background: Context of the original debt and circumstances leading to the arrangement

3. Definitions: Key terms used throughout the agreement

4. Acknowledgment of Debt: Formal recognition of the outstanding amount

5. Payment Terms: Agreed payment schedule and amounts

6. Default Provisions: Consequences of failing to meet payment obligations

7. Governing Law: Confirmation of applicable law and jurisdiction

What sections are optional to include in a Past Due Payment Arrangement Agreement?

1. Interest Provisions: Terms for interest charges on the outstanding amount, applicable when interest will be charged

2. Security Arrangements: Details of any collateral or guarantees, used when security is provided for the debt

3. Early Payment Provisions: Terms for early settlement options and any associated discounts or benefits

4. Third Party Rights: Rights of guarantors or other interested parties, included when third parties are involved in the arrangement

What schedules should be included in a Past Due Payment Arrangement Agreement?

1. Payment Schedule: Detailed breakdown of payment dates and amounts

2. Original Debt Documentation: Copies of relevant invoices or original agreements

3. Security Documentation: Details of any security arrangements or guarantees

4. Statement of Account: Current balance and payment history

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Payment Agreement

Sector

Banking

Cost

Free to use
Industries

Late Payment of Commercial Debts (Interest) Act 1998: Primary legislation governing the right to claim interest and compensation on late commercial payments, including statutory interest rates and compensation for late payment

Limitation Act 1980: Sets out the time limits within which different types of legal claims must be brought, including the 6-year limitation period for debt recovery

Consumer Credit Act 1974: Regulates consumer credit and consumer hire agreements, protecting consumers in credit transactions and setting requirements for lenders

Consumer Rights Act 2015: Consolidates consumer protection law, including unfair terms in consumer contracts and consumer rights in relation to goods and services

Law of Property Act 1925: Fundamental legislation governing property law and certain aspects of security for debts in England and Wales

Common Law Contract Principles: Established legal principles regarding contract formation, including offer, acceptance, consideration, and intention to create legal relations

FCA Regulations: Financial Conduct Authority regulations governing regulated credit activities and debt collection practices

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers, including misleading actions or aggressive practices in debt collection

GDPR and Data Protection Act 2018: Legal framework for handling personal data, including requirements for processing debtor information

Pre-Action Protocol for Debt Claims: Court procedures that must be followed before commencing legal proceedings for debt recovery

Civil Procedure Rules: Rules governing civil litigation in England and Wales, including procedures for debt enforcement

Insolvency Act 1986: Legislation governing insolvency procedures and the treatment of debts when a debtor is insolvent

Companies Act 2006: Principal legislation governing company operations in the UK, including corporate debt responsibilities and director duties

Teams

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