PaySorted
Guide

How to write a letter before action

A letter before action is the formal last warning before court. Get it right and it often gets you paid. Get it wrong and the court can penalise you, even if you win.

Last checked October 2026 · by the PaySorted team

What it is and why it matters

Courts in England and Wales expect you to try to settle a debt before you sue. A letter before action (also called a letter of claim) tells the customer exactly what they owe, why, and what will happen if they don't pay or reply. If you skip it, or don't give enough time, a judge can refuse your costs or pause the claim.

Is your customer an individual or a business?

This decides which rules apply:

  • Individuals and sole traders (including homeowners): the Pre-Action Protocol for Debt Claims applies. It's stricter, with set forms and a 30-day wait.
  • Companies, LLPs and public bodies: the Practice Direction on Pre-Action Conduct applies. A clear letter and a reasonable time to reply, usually 14 days, is enough.

What to include

  • Your name and address, and the customer's
  • The invoice number, date and amount, and what the work was
  • What has been paid, and the balance outstanding
  • Any interest or charges you're adding, and whether they're still building up
  • How to pay, and who to contact to discuss it or agree a payment plan
  • The date by which you need payment or a reply
  • That you'll start court proceedings without further notice if you hear nothing

Extra steps for individuals and sole traders

Under the Pre-Action Protocol for Debt Claims you must also:

  • Send it by post (you can email it as well)
  • Enclose the protocol's Information Sheet, Reply Form and a Financial Statement form
  • Give them 30 days to reply
  • If they reply saying they're getting debt advice, give them reasonable extra time
  • Copy the invoice and any agreement or quote if they ask

The forms are free on the Ministry of Justice website (search for "Pre-Action Protocol for Debt Claims").

After you send it

Keep a copy and proof of posting. Don't keep sending ordinary reminders while the letter is running. If they pay or agree a plan, confirm it in writing. If the deadline passes with no payment and no reply, you can start a claim.

Want it done for you? The letter before action template fills in the wording, and If it still isn't paid, a solicitor or collection agency can take it from there.

General information for England and Wales (checked October 2026), not legal advice.

Common questions

How long do I give in a letter before action?

30 days if the customer is an individual or sole trader, under the Pre-Action Protocol for Debt Claims. For a company, usually 14 days.

Can I send a letter before action by email?

For a company, yes. For an individual or sole trader the protocol expects it to be posted, though you can email it as well.

Do I need a solicitor to send one?

No. You can send it yourself, as long as it includes the right information and, for individuals, the protocol forms.

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