Do I have to send a letter before action?

In practice, yes. The courts in England and Wales expect parties to follow pre-action conduct before starting a claim. If you do not, the court can penalise you, for example by limiting the costs you recover.

How long do I have to give them?

For an individual or sole trader, the Pre-Action Protocol for Debt Claims requires 30 days. For a company or other business, 14 days is generally treated as reasonable for a straightforward debt.

Where do I get the Information Sheet and Reply Form?

They are annexes to the Pre-Action Protocol for Debt Claims, published on the justice.gov.uk website. Print them and send them with the letter.

What happens if they still do not pay?

You can start a court claim — for most money claims, online through Money Claim Online on GOV.UK. See our guide on recovering money you are owed.

Letter Before Action (Debt Recovery)

A formal letter before claim asking for payment of a debt before you go to court in England and Wales — with the Pre-Action Protocol for Debt Claims wording when the debtor is an individual or sole trader.

Applies in England and Wales. General information, not legal advice — talk to a lawyer about your situation.

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A letter before action (also called a letter before claim) is the formal last request for payment before you go to court. The courts in England and Wales expect you to send one: skip it, and even if you win you may not recover all your costs.

When the person who owes you is an individual or a sole trader, the Pre-Action Protocol for Debt Claims applies. It gives them 30 days to respond and requires you to send three documents with your letter.

When to use it

An invoice is overdue and reminders have not worked.
A friend, customer or former tenant owes you money and will not pay.
You are about to make a claim through Money Claim Online.

How it works

Choose who the debtor is — Individual or sole trader: the Pre-Action Protocol applies (30 days). Company or other business: 14 days is usual.
Describe the debt — State exactly what the money is for, the amount, the invoice reference and when it was due.
For individuals, add the protocol forms — Download the Information Sheet, Reply Form and Financial Statement from the Pre-Action Protocol for Debt Claims on the justice.gov.uk website and send them with the letter.
Send it and keep proof — Post it (keep proof of postage) and email a copy if you can. Note the date — your deadline runs from it.

Making it valid

The letter only needs your signature — no witness or notary.
For an individual or sole trader, you must enclose the Information Sheet, Reply Form and Financial Statement from the Pre-Action Protocol for Debt Claims.
Wait until the deadline has passed before starting a claim, and consider any reply seriously — courts expect both sides to try to settle.

Common mistakes

Starting a court claim before the 30 days (individuals) or 14 days (businesses) have passed.
Forgetting the protocol enclosures when writing to an individual.
Claiming statutory late-payment interest from a consumer — it only applies between businesses.

Questions

Do I have to send a letter before action?: In practice, yes. The courts in England and Wales expect parties to follow pre-action conduct before starting a claim. If you do not, the court can penalise you, for example by limiting the costs you recover.
How long do I have to give them?: For an individual or sole trader, the Pre-Action Protocol for Debt Claims requires 30 days. For a company or other business, 14 days is generally treated as reasonable for a straightforward debt.
Where do I get the Information Sheet and Reply Form?: They are annexes to the Pre-Action Protocol for Debt Claims, published on the justice.gov.uk website. Print them and send them with the letter.
What happens if they still do not pay?: You can start a court claim — for most money claims, online through Money Claim Online on GOV.UK. See our guide on recovering money you are owed.