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Letter Before Action
A letter before action (also known as a letter before claim or pre-action letter) is a formal written notice you must send to the person or organisation you intend to take to court. It is a mandatory first step in almost all civil court claims in England and Wales, and failing to send one can have serious consequences for your case.
See also:
What Is a Letter Before Action?
A letter before action is a formal letter sent to the prospective defendant setting out the details of your dispute and what you want them to do to resolve it. It warns the recipient that if the matter is not settled, you intend to issue court proceedings.
The letter serves several important purposes:
- It gives the other party a final opportunity to resolve the dispute without going to court
- It demonstrates to the court that you have attempted to settle the matter before issuing proceedings
- It complies with the Civil Procedure Rules (CPR) pre-action protocols
- It sets out a clear record of your claim and the facts supporting it
- It gives the defendant a reasonable period to respond before you take legal action
Legal basis:
The requirement to send a letter before action comes from the Civil Procedure Rules (CPR) Practice Direction on Pre-Action Conduct and Protocols. This applies to all civil claims in England and Wales, including small claims court cases.
When You Must Send a Letter Before Action
Under the CPR Practice Direction on Pre-Action Conduct and Protocols, you are expected to send a letter before action in virtually all civil disputes before issuing proceedings. This includes:
Debt Claims
Money owed for goods or services, unpaid invoices, personal loans, or any other sum of money due to you.
Breach of Contract
Where the other party has failed to meet their obligations under a written or verbal agreement.
Consumer Disputes
Faulty goods, poor services, or breaches of consumer rights under the Consumer Rights Act 2015.
Damage to Property
Claims for damage caused by another party's negligence, including neighbour disputes and road traffic incidents.
Some types of claim have their own specific pre-action protocol, such as personal injury claims, housing disrepair claims, and professional negligence claims. For most small claims, the general Practice Direction on Pre-Action Conduct applies.
Consequences of Not Sending a Letter Before Action
If you issue court proceedings without first sending a letter before action, the court may:
- - Stay (pause) the proceedings to allow proper pre-action steps
- - Order you to pay costs even if you win the case
- - Reduce any interest or damages you are awarded
- - Take your failure into account when deciding costs
What to Include in Your Letter Before Action
Your letter before action should be clear, factual, and professional. It must contain enough information for the recipient to understand and investigate your claim. Here is what to include:
1. Your Full Name and Address
Include your full name, postal address, email address, and telephone number. If you are writing on behalf of a business, include the business name and registered address.
2. The Recipient's Full Name and Address
Use the correct legal name of the person or company you are writing to. For a limited company, use the name as registered at Companies House and send to their registered office address.
3. Clear Description of the Dispute
Set out the facts of your dispute in chronological order. Explain what happened, when it happened, and why you believe the other party is at fault. Reference any relevant contracts, agreements, or correspondence.
4. The Amount You Are Claiming
State the exact amount of money you are claiming and provide a breakdown if appropriate. Include any interest you intend to claim and how it has been calculated.
5. What You Want the Recipient to Do
Clearly state the action you want them to take - usually payment of a specific sum. If you are open to negotiation or alternative dispute resolution, say so.
6. A Reasonable Deadline to Respond
Give the recipient a reasonable period to respond - typically 14 days for a straightforward debt claim, or up to 30 days for more complex disputes. State the specific date by which you expect a response.
7. Statement of Intent to Issue Proceedings
Make clear that if the matter is not resolved within the deadline, you intend to issue court proceedings without further notice. Mention that the recipient may be liable for court fees, interest, and costs.
8. List of Enclosed Documents
Include copies of any key documents that support your claim - invoices, contracts, receipts, photographs, or correspondence. List these at the bottom of the letter.
Letter Before Action Templates
Below are three complete letter before action templates you can copy and adapt for your situation. Replace the [PLACEHOLDER] text with your own details.
Template 1: Money Owed / Debt Collection
[YOUR FULL NAME]
[YOUR ADDRESS LINE 1]
[YOUR ADDRESS LINE 2]
[YOUR CITY]
[YOUR POSTCODE]
[YOUR EMAIL ADDRESS]
[YOUR PHONE NUMBER]
[DATE]
[RECIPIENT'S FULL NAME]
[RECIPIENT'S ADDRESS LINE 1]
[RECIPIENT'S ADDRESS LINE 2]
[RECIPIENT'S CITY]
[RECIPIENT'S POSTCODE]
LETTER BEFORE ACTION - [BRIEF DESCRIPTION OF DEBT]
Dear [RECIPIENT'S NAME],
I am writing to you regarding the sum of [AMOUNT OWED] which is owed to me and remains unpaid despite previous requests for payment.
On [DATE OF AGREEMENT/TRANSACTION], [DESCRIBE THE TRANSACTION OR AGREEMENT - e.g. "I provided services to you for..." or "I lent you the sum of..." or "you purchased goods from me..."]. Payment of [AMOUNT] was due on [DUE DATE] but has not been received.
[IF APPLICABLE: I have previously contacted you about this matter on [DATES OF PREVIOUS CONTACT] but have not received payment or a satisfactory response.]
The total amount outstanding is as follows:
Original amount owed: [AMOUNT]
Interest (at 8% per annum under s.69 County Courts Act 1984): [INTEREST AMOUNT]
Total: [TOTAL AMOUNT]
I require payment of the full amount of [TOTAL AMOUNT] within 14 days of the date of this letter, that is by [DEADLINE DATE].
If I do not receive payment by this date, I intend to issue court proceedings against you without further notice. This may result in you being ordered to pay:
- The amount claimed
- Interest on the amount claimed
- Court fees
- Any other costs the court allows
I would urge you to take this matter seriously. If you wish to discuss payment arrangements or if you dispute the amount claimed, please contact me within 14 days.
This letter is written in accordance with the Practice Direction on Pre-Action Conduct and Protocols under the Civil Procedure Rules.
Yours sincerely,
[YOUR FULL NAME]
Template 2: Breach of Contract
[YOUR FULL NAME]
[YOUR ADDRESS LINE 1]
[YOUR ADDRESS LINE 2]
[YOUR CITY]
[YOUR POSTCODE]
[YOUR EMAIL ADDRESS]
[YOUR PHONE NUMBER]
[DATE]
[RECIPIENT'S FULL NAME]
[RECIPIENT'S ADDRESS LINE 1]
[RECIPIENT'S ADDRESS LINE 2]
[RECIPIENT'S CITY]
[RECIPIENT'S POSTCODE]
LETTER BEFORE ACTION - BREACH OF CONTRACT
Dear [RECIPIENT'S NAME],
I am writing regarding a breach of contract between us, the details of which are set out below.
On [DATE OF CONTRACT], we entered into a [written/verbal] agreement under which you agreed to [DESCRIBE THE OBLIGATION - e.g. "carry out building work at my property" or "deliver goods by a specified date" or "provide professional services"].
Under the terms of this agreement, [DESCRIBE WHAT WAS AGREED, INCLUDING ANY KEY TERMS, SPECIFICATIONS, OR DEADLINES].
You have breached this agreement by [DESCRIBE THE BREACH IN DETAIL - e.g. "failing to complete the work to an acceptable standard" or "failing to deliver the goods by the agreed date" or "abandoning the work before completion"].
As a result of your breach, I have suffered the following loss and damage:
[ITEM 1 - e.g. "Cost of remedial work: [AMOUNT]"]
[ITEM 2 - e.g. "Cost of alternative supplier: [AMOUNT]"]
[ITEM 3 - e.g. "Overpayment for incomplete work: [AMOUNT]"]
Total claim: [TOTAL AMOUNT]
[I enclose copies of [LIST SUPPORTING DOCUMENTS - e.g. "the contract", "invoices", "photographs of the defective work", "quotes for remedial work"].]
I require you to pay the sum of [TOTAL AMOUNT] within 14 days of the date of this letter, that is by [DEADLINE DATE].
If you do not pay this amount or propose an acceptable resolution within this period, I will issue court proceedings against you without further notice. You may then be liable for court fees, interest, and costs in addition to the amount claimed.
I am willing to consider alternative dispute resolution, including mediation, if you wish to discuss this matter further. Please contact me within the 14-day period.
This letter is written in accordance with the Practice Direction on Pre-Action Conduct and Protocols under the Civil Procedure Rules.
Yours sincerely,
[YOUR FULL NAME]
Template 3: Consumer Rights / Faulty Goods
[YOUR FULL NAME]
[YOUR ADDRESS LINE 1]
[YOUR ADDRESS LINE 2]
[YOUR CITY]
[YOUR POSTCODE]
[YOUR EMAIL ADDRESS]
[YOUR PHONE NUMBER]
[DATE]
[COMPANY NAME]
[COMPANY ADDRESS LINE 1]
[COMPANY ADDRESS LINE 2]
[COMPANY CITY]
[COMPANY POSTCODE]
LETTER BEFORE ACTION - FAULTY GOODS / CONSUMER RIGHTS
Dear Sir/Madam,
Re: [PRODUCT NAME/DESCRIPTION] - Order/Reference Number: [REFERENCE NUMBER]
I am writing in relation to [PRODUCT NAME] which I purchased from you on [DATE OF PURCHASE] for [PURCHASE PRICE].
Under the Consumer Rights Act 2015, goods supplied to consumers must be of satisfactory quality, fit for purpose, and as described. The [PRODUCT NAME] fails to meet these requirements because [DESCRIBE THE FAULT OR PROBLEM IN DETAIL - e.g. "it stopped working after [PERIOD]" or "it was not as described on your website" or "it has a manufacturing defect which causes [ISSUE]"].
[I first reported this issue to you on [DATE] by [METHOD - e.g. "email", "telephone", "in store"]. Your response was [DESCRIBE RESPONSE OR STATE "I received no response"].]
[IF APPLICABLE: I have since [DESCRIBE ANY FURTHER ATTEMPTS TO RESOLVE - e.g. "returned the item for repair" or "requested a replacement"] but the matter remains unresolved.]
I am claiming the following:
[Full refund of purchase price: [AMOUNT]]
[Consequential losses - DESCRIBE: [AMOUNT]]
Total: [TOTAL AMOUNT]
I require [a full refund / repair / replacement / compensation] within 14 days of the date of this letter, that is by [DEADLINE DATE].
If I do not receive a satisfactory response within this period, I will issue court proceedings against you without further notice. You may then be liable for the amount claimed, court fees, interest, and costs.
I am willing to consider alternative dispute resolution to settle this matter if appropriate. [IF APPLICABLE: I have already attempted to use [RELEVANT OMBUDSMAN/ADR SCHEME].]
This letter is written in accordance with the Practice Direction on Pre-Action Conduct and Protocols under the Civil Procedure Rules.
Yours faithfully,
[YOUR FULL NAME]
How to Send Your Letter Before Action
How you send your letter before action matters. You need to be able to prove that the letter was sent and, ideally, that it was received. Here are the recommended methods:
Royal Mail Recorded Delivery (Recommended)
Send your letter by Royal Mail Signed For or Special Delivery. This provides proof that the letter was sent and a record of delivery. Keep the receipt and tracking reference as evidence.
Email as Additional Confirmation
You can also send a copy of the letter by email as a backup. This provides a timestamped record and ensures the recipient cannot claim they did not receive it. However, email alone may not be sufficient - always send a hard copy as well.
Hand Delivery
If you deliver the letter by hand, take a witness with you if possible. Ask the recipient to sign a copy acknowledging receipt. Take a photograph of you posting it through the letterbox if no one is available.
Keep copies of everything
Always keep a copy of the letter you send, the postal receipt, any tracking information, and any email confirmations. You will need these as evidence if the matter goes to court. Take photographs of the sealed envelope if possible.
What Happens After You Send Your Letter
Once you have sent your letter before action, there are several possible outcomes:
Scenario 1: The Recipient Pays in Full
This is the best outcome. Many disputes are resolved at this stage because the recipient realises you are serious about taking legal action. Make sure to acknowledge receipt of payment in writing.
Scenario 2: The Recipient Proposes a Settlement
The recipient may offer to pay a reduced amount or propose a payment plan. Consider whether the offer is reasonable before accepting or rejecting it. Any agreement should be put in writing.
Scenario 3: The Recipient Disputes Your Claim
The recipient may reply denying liability or disputing the amount claimed. Consider their arguments carefully. If you still believe your claim is valid, you can proceed to issue court proceedings after the deadline has passed.
Scenario 4: No Response
If the recipient does not respond within the deadline, you are entitled to proceed with issuing court proceedings. Their failure to respond to your letter before action will be noted by the court and may count against them. See our guide on starting a claim and filling in the N1 form.
Scenario 5: The Recipient Suggests Mediation
The court encourages alternative dispute resolution. If mediation is suggested, you should seriously consider it. Unreasonably refusing mediation can affect costs decisions if the case goes to court. The Small Claims Mediation Service is free for claims allocated to the small claims track.
Common Mistakes to Avoid
Avoid these common pitfalls when writing and sending your letter before action:
Being too emotional or aggressive
Keep your letter professional and factual. Avoid insults, threats beyond court action, or emotional language. The letter may be shown to a judge, so maintain a measured tone throughout.
Not giving enough time to respond
A deadline of less than 14 days is generally considered unreasonable. For complex matters, 28-30 days may be more appropriate. Giving too short a deadline could count against you.
Being vague about your claim
State the exact amount you are claiming and provide a clear breakdown. Vague statements like "you owe me money" without specifics weaken your position and may not satisfy the pre-action protocol requirements.
Sending to the wrong address
For companies, always check the correct registered office address on Companies House. For individuals, use their last known address. Sending to the wrong address could mean the court does not consider you to have complied with pre-action requirements.
Not keeping proof of sending
If the matter goes to court, you will need to prove you sent the letter. Always use recorded delivery and keep the receipt. Sending by ordinary post with no proof is risky.
Forgetting to mention ADR
The court expects parties to consider alternative dispute resolution before litigating. Mentioning your willingness to engage in mediation or negotiation shows the court you have acted reasonably.
Issuing proceedings too early
Wait until the full deadline period has expired before issuing court proceedings. If you file a claim before the deadline, the court may stay proceedings or penalise you on costs.
Frequently Asked Questions
Do I legally have to send a letter before action?
While there is no strict legal requirement that prevents you from issuing proceedings without one, the CPR Practice Direction on Pre-Action Conduct strongly expects you to do so. If you do not, the court can impose costs sanctions against you even if you win the case. In practice, you should always send one.
How long should I give the other party to respond?
For straightforward debt claims, 14 days is standard and generally considered reasonable. For more complex disputes (such as breach of contract where the recipient may need to investigate the facts), 28 to 30 days may be more appropriate. Always give a specific calendar date as the deadline.
Can I send a letter before action by email only?
It is best practice to send a hard copy by recorded delivery in addition to any email. While there is no absolute rule requiring postal delivery, a physical letter sent by recorded delivery provides the strongest evidence that the recipient received notice. Email alone may be challenged.
What if the other party ignores my letter?
If you receive no response after the deadline has passed, you are entitled to issue court proceedings. The recipient's failure to respond will be noted by the court and is likely to count in your favour. Keep evidence that you sent the letter and that no response was received.
Can I claim the cost of sending a recorded delivery letter?
Generally, no. The cost of postage is considered part of the normal expense of pursuing a claim. However, if you incur significant costs in the pre-action stage (for example, obtaining expert reports), these may be recoverable as part of your claim.
Do I need a solicitor to write a letter before action?
No. You can write and send a letter before action yourself. Many small claims court claimants are litigants in person (representing themselves without a solicitor). The templates provided above will help you structure your letter correctly. However, for complex or high-value claims, you may wish to seek legal advice.
What is the difference between a letter before action and a letter before claim?
They are the same thing. "Letter before action" and "letter before claim" are used interchangeably. The term "pre-action letter" is also commonly used. They all refer to the formal notice you send to the other party before issuing court proceedings.
Can I send more than one letter before action?
Yes, you can send follow-up letters if circumstances change, for example if additional amounts become due. However, sending multiple letters without following through on your threat to issue proceedings can undermine your credibility. Once you have sent a proper letter with a deadline, be prepared to act on it.
What if I receive a letter before action?
If you receive a letter before action, you should take it seriously and respond within the deadline given. Either pay the amount claimed, propose a settlement, or set out your reasons for disputing the claim. Ignoring it could result in court proceedings being issued against you, and the court may take a dim view of your failure to engage.
Is there a time limit for sending a letter before action?
There is no specific time limit for when you must send a letter before action. However, be aware of the limitation period for your claim - for most contract and debt claims, this is 6 years from the date the cause of action arose. You should send your letter well before the limitation period expires to allow time for the response period and any court proceedings.
Next Steps
Once the deadline in your letter before action has passed and the matter has not been resolved, you can proceed to issue court proceedings:
- Starting a Small Claims Court Claim - overview of the process and costs
- Filling in the N1 Claim Form - step-by-step guide to completing the court form
- Download the N1 Claim Form
- Pre-Action Letter Template
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