Step-by-step
Gather your information
Collect all relevant details: the amount owed, how it arose, any contract or agreement, invoices, and correspondence. You will need the defendant's full name and address.
State the facts clearly
Write a clear, factual summary of what happened. Include dates, amounts, and the nature of the dispute. Avoid emotional language - stick to facts.
Specify what you want
Be precise about the amount you are claiming, including any interest or costs. State clearly what action you want them to take.
Set a reasonable deadline
Give them 14 to 28 days to respond. This is what courts consider reasonable under the Pre-Action Protocol for Debt Claims.
Warn of court action
State that if they do not respond satisfactorily within the deadline, you intend to issue court proceedings without further notice.
Send and keep records
Send the letter by recorded delivery or another trackable method. Keep a copy and proof of posting. Consider also sending by email.
What is a Letter Before Claim?
A letter before claim (also called a letter before action or LBA) is a formal letter sent to someone who owes you money before you start court proceedings. It is a legal requirement under the Pre-Action Protocol for Debt Claims and gives the other party a final opportunity to pay or negotiate before you go to court.
The letter serves several important purposes:
- It demonstrates you have tried to resolve the matter without court involvement
- It gives the defendant fair warning and time to respond
- It can encourage settlement without the cost and stress of court
- Courts may penalise claimants who do not follow proper pre-action protocols
Legal Requirements
Under the Pre-Action Protocol for Debt Claims (which applies to most money claims), your letter before claim must:
- Include sufficient information for the defendant to understand the claim
- State the total amount claimed, including any interest and how it was calculated
- Specify what you want the defendant to do (pay in full, pay in instalments, etc.)
- Give a reasonable time to respond (usually 14-28 days)
- Inform them of their options, including mediation
- Provide contact details for response
Failure to follow these requirements could result in the court awarding reduced costs, even if you win your case.
What to Include in Your Letter
Your letter before claim should contain:
Essential information:
- Your full name and address
- The defendant's full name and address
- Date of the letter
- Clear subject line identifying it as a letter before claim
- The amount owed and how this was calculated
- When and how the debt arose
- Any relevant dates (invoice date, due date, etc.)
- What you want them to do
- A deadline for response (14-28 days)
- Warning of court action if no response
- Information about their right to seek advice
- Your contact details
Supporting documents:
- Copies of relevant invoices or contracts
- Statement of account
- Interest calculation if applicable
What If They Do Not Respond?
If the deadline passes without a response or satisfactory resolution:
- Wait the full period - Do not rush to court. Courts expect you to give reasonable time.
- Consider a follow-up - A brief reminder can sometimes prompt action and shows the court you were reasonable.
- Prepare your court claim - Gather all evidence, including proof you sent the letter before claim.
- Issue proceedings - You can file your claim via Money Claim Online (for claims up to £10,000) or using form N1.
When you go to court, bring:
- A copy of your letter before claim
- Proof of postage/delivery
- Their response (if any)
- All supporting documents
The fact that they ignored your letter can work in your favour, showing the court that you tried to resolve matters and they refused to engage.
Frequently asked questions
Is a letter before claim legally required?
Yes, for most money claims. The Pre-Action Protocol for Debt Claims requires claimants to send a letter before claim giving the defendant at least 30 days to respond (though 14-28 days is common for smaller claims). Failure to do so can result in cost penalties even if you win your case.
How long should I give them to respond?
The standard period is 14 to 28 days, though the Pre-Action Protocol suggests 30 days for debt claims. Choose a period that is reasonable given the complexity and amount of the claim. Courts view shorter deadlines (less than 14 days) unfavourably unless there is genuine urgency.
Can I claim interest in my letter before claim?
Yes. For commercial debts, you can claim statutory interest at 8% per year above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998. For other debts, you may be able to claim contractual interest if your agreement allows, or court interest at 8% per year from the date of filing.
What if they offer to pay in instalments?
Consider their offer carefully. A payment plan that gets you paid, even over time, may be better than court proceedings. If you accept instalments, put the agreement in writing and specify what happens if they miss a payment (e.g., the full amount becomes due immediately).
Should I use recorded delivery?
Yes, it is strongly recommended. Recorded delivery provides proof that the letter was delivered, which is important if the case goes to court. Keep the proof of posting and delivery confirmation. Consider also sending by email as a backup.
This guide provides general information about UK small claims court procedures and is for educational purposes only. It does not constitute legal advice. CourtPilot is not a law firm and is not regulated by the Solicitors Regulation Authority. The law may have changed since this guide was last updated. For advice specific to your situation, please consult a qualified solicitor or seek help from Citizens Advice.