Search

How can we help?

Icon

Default interest rates: How much is too much?

It is commonplace for lenders to charge interest on late payments. This deters borrowers from delaying repayments and offers creditors increased incentive to lend to or deal with borrowers who represent higher risk of default. Sometimes, a lender’s terms and conditions will provide for an increased rate of interest to apply following a default.

Debtors are afforded some protection against excessive increases in interest rates on default. If the increase is so significant that it can be considered a penalty, that increase can be unenforceable. Importantly, the responsibility is on the debtor alleging that an increase is a penalty to demonstrate that it goes beyond what is acceptable.

What constitutes a fair increase in the interest rate following a default can prove contentious, particularly as numerous businesses have seen their revenues decrease dramatically due to the pandemic. This makes repayments harder to meet and so more businesses may be facing increased interest rates due to default over the next few months.

A recent case, Ahuja Investments Ltd v Victorygame Ltd and another has built upon existing caselaw to provide additional guidance into what can be considered an excessive increase. Following a default by the debtor, the lender increased the interest rate from 3% per month to 12% compounded monthly.

The increase was found to be so significant that it was not even necessary for the debtor to provide evidence of market rates for such an increase to demonstrate that it was a penalty.

Although this case was about the rate of interest payable under a loan agreement, the guidance provided also has wider application to other contracts which may contain penalty clauses, such as those sometimes found in supplier terms and conditions.

What constitutes a fair increase in the interest rate following a default can prove contentious, particularly as numerous businesses have seen their revenues decrease dramatically due to the pandemic.

Many could find themselves facing increased interest rates after struggling to meet their debts during the pandemic. Our dispute resolution solicitors can assist both creditors and debtors who face a dispute about default interest rates or other forms of penalty.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 08 May 2025
  • Employment

Statutory Sick Pay Scheme changes: how can employers prepare for such changes?

The government has recently changed the Statutory Sick Pay provisions; it is anticipated that such changes will ‘help people to stay in work and grow the economy’.

Pub
  • 07 May 2025
  • Corporate and M&A

Thinking of exiting your business? Part 1

In the first part of this three-part series, we explore why planning your exit strategy early can shape the way you build, grow, and eventually sell your business for maximum value. From mindset to strategy, we unpack how thinking about the end from the beginning can lead to smarter decisions and better outcomes.

Pub
  • 07 May 2025
  • Immigration

UK Immigration: Essential update for employers

The UK’s immigration system will see major changes in 2025. Watch our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business.

art
  • 06 May 2025
  • Corporate and M&A

Can a disclosure letter give rise to a misrepresentation claim?

Provided by a seller to a buyer, a disclosure letter is an important element in any business sale or purchase transaction.

art
  • 02 May 2025
  • Employment

Sex, Gender and the Law: What the Supreme Court’s Recent Ruling Means for Employers

The recent UK Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers  UKSC 16 has generated significant attention, but for most employers, we would argue that its practical impact is relatively limited—at least for now.

art
  • 29 April 2025
  • Privacy and Data Protection

Use of Personal Devices at Work: Why a Bring Your Own Device Policy is Essential

We will highlight in this article what changes have been made to the DUAB since the early stages of the Bill.