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.