Time to take an interest in overdue bills
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There are many cases when a haulier completes a delivery only for the customer to refuse payment because of alleged damage to goods in transit, misdelivery or delay.
Inflated counter-claims and requests for contra-entries are made. The haulier then has to wait for his transit insurers to sort out the dispute—but now the High Court has decided that the haulier need not wait. There is nothing to stop him starting proceedings for recovery of his freight charges and he is then entitled to apply for interest—formerly 15% but currently 8%—from the date when the payment was due. He is entitled to apply to the courts for immediate judgement for the customer to pay the freight charges, even if a goods-in-transit claim has yet to be resolved, either amicably or through court proceedings. Provided the job has been done the haulier is entitled to the contract price and is entitled to be paid. The customer is not entitled to set off any claims against the freight charges. This situation applies in contracts governed by the CMR conditions so a counter-claim for damages for delay or damage cannot be set against a claim for freight. Under Common Law a carrier's claim for freight must be paid in full on deliver), of the cargo and cannot be subject to any deduction for loss or damage to the cargo or for delay in delivery. This means that a haulier who starts proceedings should quickly get a judgement and an order for payment.