Failing to Pay Sample Clauses
The 'Failing to Pay' clause defines the consequences and procedures that apply when a party does not fulfill its payment obligations under an agreement. Typically, this clause outlines what constitutes a payment default, such as missing a scheduled payment or failing to pay the full amount due, and may specify grace periods, late fees, or the right for the non-defaulting party to take remedial action. Its core function is to provide a clear framework for addressing non-payment, thereby protecting the interests of the party expecting payment and encouraging timely fulfillment of financial commitments.
Failing to Pay. 15.1 If You are having difficulty making payments, You should tell Us as soon as possible. We may be able to agree a payment plan with You and We can give You advice on how to reduce Your Bill by being efficient with the Heat Supply You use.
15.2 If You have not paid Your Bill within twenty-one (21) days of the date shown on the Bill, We will:
15.2.1 send You a late payment reminder letter (a letter setting out: (a) how much You owe Us, (b) actions that may be taken if the amount due is not paid and (c) the deadline by which You must pay the amount due); AND THEN
15.2.2 if the amount due remains unpaid following the deadline set out in a late payment reminder letter, send You a final demand letter (a letter setting out: (a) how much You owe Us, (b) actions that may be taken if the amount due is not paid and (c) the deadline by which You must pay the amount due).
15.3 If the amounts due under Your Bill remain outstanding following the deadline set out in a final demand letter, We may take reasonable action to recover the amounts that You owe to Us. This may include:
15.3.1 charging You interest on any outstanding amounts from the original due date (as set out in the Bill) until the date on which payment is made at a rate equal to 2% above Bank of England Base Rate; AND/OR
15.3.2 requiring You to pay by another method (including requiring that You make payments by way of the pre-payment meter); AND/OR
15.3.3 changing how often We send You Your Bills; AND/OR
15.3.4 charging a Debt Processing Charge in accordance with Appendix 2;
15.3.5 increasing the amount debited from Your bank account if You pay by direct debit (so that We can recover the difference over a period of time); AND /OR
15.3.6 requiring You to pay to Us a refundable deposit equivalent to Our reasonable estimate of the Charges for a period of three (3) calendar months); AND/OR
15.3.7 agreeing with You a payment plan so that You can pay the money You owe Us over a period of time at a rate that is affordable to You; AND/OR
15.3.8 requesting that someone else guarantees Your payments; AND/OR
15.3.9 taking court action to recover the outstanding amounts due and Our reasonable costs; AND/OR
15.3.10 as a last resort, disconnecting the Heat Supply from Our System as referred to in paragraph 16. 16 Disconnecting the Heat Supply
16.1 If You:
16.1.1 do not pay Your Bill within twenty-one (21) days of the date shown on Your Bill (see paragraph 14) and You do not make payment of the overdue amounts when requ...
Failing to Pay. 6.1 If the Supply Customer fails to pay any undisputed part of a Heat Bill by the Due Date, Supplier may take one or more of the following actions:-
6.1.1 require the Supply Customer to pay by another method;
6.1.2 charge the Supply Customer interest on the overdue amount at a rate of REDACTED UNDER FOIA 43 COMMERCIAL INTERESTS (any interest accruing under this Clause 6.1.2 shall be compounded with the overdue amount on the last day of each month and payable on demand);
6.1.3 require that a Refundable Deposit is provided;
6.1.4 if the Supply Customer pays by direct debit, increase the amount debited from its bank account so that Supplier can recover the difference over a period that is reasonably acceptable to Supplier, provided that the Supplier has given the Supply Customer prior notice of such increase;
6.1.5 take court action to recover the debt and Supplier's costs; and/or
6.1.6 disconnect or suspend the Supply Customer's Heat Supply (Supplier may also suspend or disconnect the Supply Customer's Heat Supply where it has validly requested a Refundable Deposit under this Clause 6 and the Supply Customer has failed to provide this).
6.2 At least five (5) Business Days before Supplier disconnects or suspends the Heat Supply in accordance with Clause 6.1, Supplier shall:-
6.2.1 send the Supply Customer at least two reminder emails (which shall be sent not less than twenty (24) hours of a working day apart);
6.2.2 use reasonable endeavours to contact the Supply Customer by phone at least twice over a period of seven (7) days; and
6.2.3 send a notice to Supply Customer in accordance with Clause 22.5.
Failing to Pay. 7.1 This section is about what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:
7.1.1 The account details you gave us for the direct debit are wrong; or
Failing to Pay. 6.1 This sets out what will happen if you do not pay your monthly membership fee or any other fees or charges you have agreed to pay because:
6.1.1 the account details you gave us for the direct debit are wrong; or
6.1.2 there is not enough money available in your bank account; or
6.1.3 you have cancelled your direct debit without giving us the correct notice period.
6.2 If the account details you gave us for the direct debit are wrong:
6.2.1 we will ask you to pay by cash, debit card or credit card and to give us your correct bank details. You will also be asked to complete a new direct debit mandate form.
6.2.2 while you owe us any payments you will not be allowed to enter or use the club. Once your payments are up to date you will be allowed to enter and use the club and you will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.
6.3 If there is not enough money available in your account or you have cancelled your direct debit without giving us notice:
6.3.1 we will ask you to pay by cash, debit card or credit card. If, after the second month we have contacted you, you still owe us the payment, we may cancel your membership from the end of that month. Where a direct debit payment has failed or been refused, we may attempt to obtain payment through the same direct debit. You are responsible for any charges imposed by your bank in connection with any failed payments or attempts.
6.3.2 while you owe us any payments you will not be allowed to enter or use the club. Once your payments are up to date you will be allowed to enter and use the club and you will still have to pay all monthly membership fees for the duration of the commitment period you signed up to.
6.4 We may appoint a debt collection agency to collect any payments you owe us, and you may have to pay any costs associated with this, including legal and court costs and interest.
Failing to Pay.
9.1 If you are having difficulty making payments you should tell us as soon as possible. We may be able to agree a payment plan with you and we can give you advice on how to reduce your heat bill by being efficient with your heat supply use.
9.2 If you do not pay your heat bill within 14 days of the date of your heat bill, we may undertake any of the following actions:
(a) ask you to pay by another method;
(b) change how often we send you heat bills;
(c) agree with you a payment plan so that you can pay the money you owe us over a period of time at a rate that is affordable to you. Any payment plan may include a requirement that you keep your account with us in credit.
(d) charge you interest on the overdue amount at a rate of 4% above the Bank of England’s base rate;
(e) request that someone else guarantee your payments;
(f) take court action to recover the debt and our costs; or
(g) as a last resort, suspend or disconnect your heat supply under Clause 10.