How to Send a Letter Before Action
Send a letter before action by identifying the claim, summarising the facts and legal basis, stating the remedy sought and amount claimed, giving a reasonable deadline for response (usually 14 days), and mentioning that court proceedings will follow if the matter is not resolved.
Last updated: February 2025
Step-by-Step Guide
Identify the claim and gather evidence
Clearly identify what breach or wrong has occurred, the legal basis for your claim, and the evidence supporting it.
- •Be factual and avoid emotional language.
Draft the letter
Include your identity, the defendant's identity, a clear summary of the facts, the legal basis, the remedy sought (specific amount if a debt claim), documents relied upon, and a deadline for response.
- •Follow the relevant Pre-Action Protocol format for your type of claim.
- •State that you are willing to consider ADR such as mediation.
Set a reasonable response deadline
Give the recipient a reasonable time to respond, typically 14 days for a straightforward claim or up to 90 days for complex matters.
- •The Pre-Action Protocol for Debt Claims requires 30 days for response.
Send and retain proof of delivery
Send the letter by recorded delivery or email with read receipt. Keep copies of everything.
- •Send by both email and post for belt-and-braces delivery.
Legal Requirements
The Civil Procedure Rules Pre-Action Protocols require parties to exchange information about a dispute before issuing proceedings. Failure to comply can result in costs penalties even if you win the case. The specific protocol depends on the claim type: general, debt claims, professional negligence, etc.
Common Mistakes
Template / Example
When to Get a Solicitor
Recommended for claims over £10,000 or complex disputes. For straightforward debt claims under £10,000, you may be able to send the letter yourself.
FAQ
Is a letter before action legally required?
It is required by the Civil Procedure Rules Pre-Action Protocols. While not sending one does not prevent you from issuing proceedings, the court may impose costs penalties for non-compliance with the protocol.
How long should I wait after sending a letter before action?
The standard period is 14 days for most claims. The Debt Pre-Action Protocol allows 30 days. For professional negligence claims, the defendant has three months to investigate and respond.
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