If I write to my clients varying the monthly fee in accordance with the terms of my contract and they don’t reply and don’t increase their direct debit, what can I do?
Firstly, what do your existing terms of business say about being able to vary the monthly payments from your clients. If they give you the right to vary the terms on, for example 30 days, notice and provide a right for the client to terminate within that period if they don't like the change to the terms, then this is likely to be a reasonable term. However, if you have said that you can vary the terms without a right to terminate in your standard terms, this may not be reasonable, even when dealing on a B2B basis and could be challenged.
If your terms of business state that payment is recurring until the client provides notice to terminate in accordance with your terms, and certain clients are not using your services or responding to you, then you are quite at liberty to continue charging them in accordance with your terms.
However, the issue that you have with the direct debit is that they will have to take action to increase the amount to the higher rate. That is why it's always better to have a credit card on file and the authorisation to increase the amount if necessary (and in accordance with your terms), so that you aren't reliant on your client taking action.
The best way to deal with this would be to write to your clients again and explain that as they have not increased the direct debit as requested, part of the membership will be restricted until such time as they increase the direct debit to the higher amount. It would be a good idea to give yourself the express right to do so in your terms of business. Arguably, without the express right to do so in your terms, it could be considered a breach of contract by restricting membership, but if you have the right to suspend the services until payment is made in full, this would be considered a more generous option and there would be no loss suffered by the client.
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