[Question] Late Payments: Interest fees, Handling fees, Collection Costs, Service fees

[ACEsterhuizen]

Can someone special please advise me on what fees (on top of the invoice amount) i can charge on outstanding invoices (30 days and more).

At the moment I charge 2% interest fee Incidental credit agreement as per the credit act. I add another 4% Administration Charges and 4% Collection Costs. This adds up to 10% per month (i know ) for non-paid invoices and it accumulates monthly.

Can I do this or is it illegal?

Thanks in advance.

[Leecatt]

I write at the bottom of my invoice that I will charge 7% per month for non payment of my cod invoices, starting from day 2. I've never had to do it in all the years and never intended to . That little phrase has saved me lots of heartache and frustration.

[ACEsterhuizen]

Thanks Leecatt, I had a very educated customer inform me that it is against the national credit act to charge more than 4% Total Fees per month, and that the amount of total fees may not become more than the invoice amount.

Now from the act I assume I can charge (incidental credit) 2% interest per month, cumulative per period. I also read that I can charge Admin Fees and Collection Fees.

What I want to know and I cannot find it in the act, is there a ceiling on the (R) amount of fees that can be charged on an outstanding invoice? Is there a time limit on adding these fees?

[Leecatt]

The point I was trying to make was that by writing that on my invoice people just cough up the money they owe me as I stand there, it's a great leverage tool for an unpaid invoice too. Implementing it may be illegal but writing it certainly isn't.

[Dave A]

At the moment I charge 2% interest fee Incidental credit agreement as per the credit act.

No problem there, obviously.

I add another 4% Administration Charges and 4% Collection Costs.

Admin fees may not exceed R50 per month. Interestingly, banks treat that number as ex VAT (i.e. they charge R57 per month).

As far as I know, collection costs should ordinarily relate to your actual costs of collection.

Thanks Leecatt, I had a very educated customer inform me that it is against the national credit act to charge more than 4% Total Fees per month, and that the amount of total fees may not become more than the invoice amount.

I don't know about the 4% part of your customer's claim, but in terms of total fees, you might want to check out this post on the NCA in duplum rule.

[Blurock]

Admin fees may not exceed R50 per month. Interestingly, banks treat that number as ex VAT (i.e. they charge R57 per month).

I wonder if anyone has ever challenged the banks on this "administration fee". They are credit providers. It is their job to do admin. They lend money and they receive interest for it. By charging an "admin fee" on top of the interest earned, they are actually earning more interest than was agreed on in the contract. Consumers should refuse to pay this add on from the banks!

I have successfully refused to pay a "document fee" of about R1000 on my last HP about 3 years ago as the bank could not explain to me the reason for the charge. If you are a finance house, you need to have the correct, standard stationery for the type of contract, be it a lease, HP or whatever. It is not like a lawyer who has to draw up a new agreement between different parties with different conditions all the time.

[Dave A]

By charging an "admin fee" on top of the interest earned, they are actually earning more interest than was agreed on in the contract. Consumers should refuse to pay this add on from the banks!

Oh it's in the contract. At least the ones I've seen.

I have successfully refused to pay a "document fee" of about R1000 on my last HP about 3 years ago as the bank could not explain to me the reason for the charge.

Which bank? Maybe I should try using them next time I need some asset finance.

I can tell you that when I challenged Standard Bank when they introduced the documentation and admin fees on new finance, they blamed it on the National Credit Act.

[Blurock]

Oh it's in the contract. At least the ones I've seen.


Which bank? Maybe I should try using them next time I need some asset finance.

I can tell you that when I challenged Standard Bank when they introduced the documentation and admin fees on new finance, they blamed it on the National Credit Act.

I do not wish to disclose which bank, as I do think that the person that allowed it could be in trouble afterwards. A bank's function is to do admin, so adding an "admin fee" borders on criminality.

Although the "Admin fee" or raising fee or any additional fees may be in the contract, if you add it to the interest charged, the actual return for the bank will exceed the interest rate quoted. I believe that this practice is illegal, but no-one has had the balls to challenge it in court. It is the same as a farrier quoting you to shoe a horse and then charging you an additional fee for being a farrier. Or a garage charging you for a service on your car and adding a "mechanic fee".

How about an electrician charging for a job and the adding an "electrician's fee"? I sincerely hope you sparkies will do your bit when next invoicing a bank.

[BusFact]

Oh Blurock, I couldn't agree with you more.

[Hannes Botha]

We've never charged interest....but due to recent posts on another thread am contemplating it. Problem though if I charge interest my debtors book will increase, not even talking about handling fee...decisions decisions...

[Sparks]

Depending on the size of the quote I add on either R500 or R750 and that is my quote payable on transfer of a property with a COD option reduced by same amount. All other quotes are COD only.