Is a Letter Before Action legally required before going to court?

Not strictly required by law, but the Pre-Action Protocol for Debt Claims makes it effectively mandatory for most money claims. Judges expect it and can penalise parties who ignore it — including by awarding costs against you even if you win.

Can I send the letter by email?

Yes, if you know the email address and have used it to correspond previously. Sending by both email and recorded post gives the strongest paper trail — you can prove receipt for both.

What if I don't know the defendant's address?

For individuals: the last known home address is acceptable. For companies: you must serve at the registered office — check Companies House for free.

Should I include a "without prejudice" marker?

No. "Without prejudice" means the letter cannot be shown in court. Your Letter Before Action should be an "open" letter — one you're happy for the judge to read.

Can I claim interest in my Letter Before Action?

Yes. For business-to-business debts, the Late Payment of Commercial Debts Act allows 8% over base rate. For personal claims, the court can award up to 8% simple interest. Include interest calculations in your letter and claim form.

Free Letter Before Action template — the letter that gets results

A free Letter Before Action template for small claims court. What to include, how to send it, and what to do when the deadline passes.

How to write and send a Letter Before Action

Step-by-step guide to writing, sending, and following up a Letter Before Action for a small claims court case.

Set out the facts clearly

State who you are, who you are writing to, and what happened. Include dates, amounts, and references to any contract or invoice.

State the remedy you want

Be specific: the exact sum you are claiming, or the action you want taken. Include any statutory interest you intend to add.

Give a clear deadline

Give them 30 days if you are a business chasing an individual or sole trader, as the Pre-Action Protocol for Debt Claims requires; 14 days is the usual period otherwise. State that you will issue a court claim if the deadline passes without resolution.

Send by recorded delivery and email

Send a hard copy by first-class recorded post and a copy by email. Keep proof of both. This ensures you can prove delivery if the matter goes to court.

Wait for the response

Allow the full deadline to pass. If they pay or propose to resolve the matter, respond in writing. If they ignore or refuse, proceed to issue the claim.

File via Money Claim Online

Go to moneyclaim.gov.uk and complete the online form. Attach your Letter Before Action, any contract or invoice, and evidence of the loss claimed.

Letter Before Action

What your Letter Before Action must include

Tick every item below before sending. Missing any of these will weaken your claim.

Sample Letter Before Action

Adapt this template to your own facts. Keep the language plain and factual.

Replace bracketed text with your own details. Attach copies of key documents (invoices, photos, correspondence).

What happens after you send it

Small claims court process

Unpaid invoice claims