Interest on Sundry Debtors

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  • #20343
    Linda Olive
    Participant

      Kyogle Shire

      Does anyone know whether there is anywhere in the Act that Council should not charge interest on Sundry Debtors?

      #20350
      Susan Pardy
      Participant

        Cootamundra Shire

        Hi Linda,
        I am not a specialist in the area of sundry debtors, but I have been led to believe that in the Act being silent on interest on sundry debtors whilst being specific in relation to rates and charges that it is exclusive in its absence. Also, I haven’t reviewed consumer credit legislation in many years so am not certain whether this is accurate. I would love to hear from any Councils that have received legal advice or found conclusive evidence that interest on sundry debtors is permissible as we currently do not charge interest.
        Thanks,
        Susan

        #20349
        Linda Olive
        Participant

          Kyogle Shire

          Thanks Susan.

          #20348
          Brigitte McFarlane
          Participant

            Albury City

            Hi Linda,

            Have you received any further information with regards to charging interest on debtor accounts?

            ta

            Brigitte

            #20347
            Simone Fisher
            Participant

              Wollondilly

              Hi, sorry about the late reply. Advice that I’ve received in the past is that interest can only be applied to sundry debtors once judgement has been obtained & then the court interest rate would apply. The exception to this would be if default interest has been stipulated in the contract or agreement relevant to the debt.
              Thanks,
              Simone

              #20346
              Brigitte McFarlane
              Participant

                Albury City

                Thanks Simone.

                #20345
                Dallas McConnell
                Participant

                  Wollongong

                  Hi Linda,
                  Simone is correct, as far as I understand it interest can only be charged to a sundry debtor after Judgment is obtained or unless it is stipulated in terms and conditions of the contract. Here at Wollongong we are rolling out a late payment fee on sundry debtor invoices as of 1st July 2016, which was adopted as part of our fees and charges for 16/17

                  #20344
                  Linda Olive
                  Participant

                    Kyogle Shire

                    Thanks Simone & Dallas. Sorry Brigitte for not getting back to you, but was away on a nice holiday. We currently are not charging interest as we only have approximately 200 debtors.

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