How to Write a Letter Before Claim (With the Wording You Need)

Before you can make a small claim in the County Court, you need to write a letter before claim. Skip this step, and the court can penalise you later, even if you go on to win your case. This guide explains exactly what a letter before claim must say, how long to give the other side to respond, and gives you wording you can adapt right now.

What is a letter before claim?

A letter before claim is the formal letter you send before issuing court proceedings. It sets out who you are, what happened, how much you’re owed, and gives the other side a fair chance to pay or respond before you sue.

Courts expect this step under what’s called the pre-action conduct rules. The idea is simple: litigation should be a last resort, not a first move. Judges want to see that you tried to resolve things reasonably before running to court.

Why a letter before claim matters more than it looks

Two reasons this letter matters far more than its length suggests.

First, if you issue a small claim without sending one, or without giving proper notice, the court can penalise you on costs later. That’s true even in cases where you’re otherwise completely in the right.

Second, and just as important, a letter before claim often resolves the debt on its own. A surprising number of people pay, or start negotiating properly, the moment they receive something formal and specific. It costs you a stamp, or an email, and can save you the entire court process.

What your letter before claim must say

A proper letter before claim should include:

• Who you are. Your full name and address.
• What happened. A clear, factual account: what was agreed, what was supplied or done, and when.
• How much you are owed, and why. The debt itself, plus any interest you’re claiming and how you calculated it.
• A clear deadline to respond. Usually 14 days, though this changes depending on who you’re claiming against (see below).
• A clear statement of intent. That you will issue court proceedings if you are not paid by the deadline.

Keep it factual and unemotional. A letter before claim is not the place to vent. Judges read these later, and a calm, professional letter reflects well on you if the case does end up in front of one.

How long do you have to give them?

This depends on who owes you the money.

If you’re claiming from a business, 14 days is generally a reasonable deadline for a letter before claim.

If you’re claiming a debt from an individual, rather than a business, the Pre-Action Protocol for Debt Claims applies instead. Under this protocol, you must give at least 30 days, and your letter must include specific prescribed information, along with a reply form the other side can use to respond. Getting this wrong is one of the most common mistakes we see, and it can cause real delay later if you issue without following the correct protocol.

A letter before claim template you can adapt

Here’s a straightforward structure to build from:

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[Your name]
[Your address]
[Date]

[Recipient’s name]
[Recipient’s address]

Re: Letter Before Claim, £[amount] owed

Dear [Name],

I am writing regarding the sum of £[amount] which I believe you owe me, arising from [brief description, e.g. “the invoice dated [date] for work completed on [date]” or “the deposit paid on [date] for [item/service]”].

Despite [previous attempts to resolve this, if any], this amount remains unpaid.

I am asking you to pay £[amount], plus interest of £[amount, if applicable], within 14 days of the date of this letter [or “within 30 days,” if the Pre-Action Protocol for Debt Claims applies].

If payment is not received by [date], I intend to issue a claim in the County Court without further notice. This may result in you having to pay court fees and interest in addition to the original debt.

I would prefer to resolve this matter without going to court, and remain open to discussing payment, including by instalments if appropriate.

Yours sincerely,
[Your name]

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Adjust the tone and detail to fit your situation, but keep the five core elements above intact: who you are, what happened, how much, the deadline, and the consequence of non-payment.

What to do once you’ve sent it

Keep a copy of the letter and proof of sending, an email timestamp, or proof of postage if you send it by post. If the deadline passes with no payment and no response, you’re ready to move to issuing your claim.

For the full process from here, including working out your interest, paying the court fee, and using form N1, see our complete guide on how to make a small claim.

Frequently asked questions

Do I have to send a letter before claim before I can sue?

Yes, in almost all cases. Skipping this step doesn’t stop you from issuing a claim, but it can lead to costs penalties against you later, even if your claim succeeds on the merits.

What if they ignore my letter before claim?

If the deadline passes with no payment or response, you can proceed to issue a small claim. Keep your letter and proof of sending, you’ll likely need to show the court you followed the correct process.

Can I send a letter before claim by email?

Yes, email is generally acceptable, provided you can show it was sent and, ideally, that it was likely received. Keeping a dated copy is what matters most.

Do I need a solicitor to write a letter before claim?

No. Many people write these themselves. Where people usually want help is making sure the wording, the deadline, and the required information are all correct, particularly under the Pre-Action Protocol for Debt Claims, where getting it wrong can cause delay later.

Where we come in

We prepare letters before claim to a professional standard for a fixed fee of £69, drafted correctly for your specific situation, whether you’re claiming from a business or an individual. You send it yourself; we make sure it says exactly what it needs to say.

See our fixed fees, or get in touch for a free initial look at your situation.