Disputes
3 min read
The letter before claim: what to put in it and what to leave out
Before issuing a claim, the courts expect you to set out your case in writing and give the other side time to respond. What to include, what to leave out and how long to wait.
Daniel Price
Before starting court proceedings in England and Wales, a claimant is expected to write to the other side setting out the claim. This letter before claim is not a formality. When deciding costs, courts look at what each party did before proceedings began, and a party who ignores the pre-action rules can be ordered to pay costs, lose interest or have its claim paused while it catches up. A clear letter also resolves many disputes without a claim ever being issued.
Which rules apply
Where no specific protocol covers the dispute, the Practice Direction on Pre-Action Conduct and Protocols applies. It asks the parties to exchange enough information to understand each other’s position, to try to settle without proceedings, and to consider alternative dispute resolution such as mediation. Since late 2024 the courts have had an express power to order parties to take part in ADR, so refusing to engage now carries more risk.
Where a business is claiming a debt from an individual, including a sole trader, the Pre-Action Protocol for Debt Claims applies instead. It is more prescriptive. The letter must enclose an information sheet, a reply form and a financial statement form in the protocol’s format, give up-to-date details of the debt including any interest and charges, and allow the debtor 30 days to reply. If the debtor says they are getting debt advice, the creditor should allow reasonable extra time. The protocol does not apply to debts owed by companies.
What to put in it
Who you are and who the claim is against, using the correct legal names.
A concise summary of the facts and why you say the other party is liable, for example the contract term that has been broken.
What you want: the sum claimed and how it is calculated, including any interest, or the action you want taken.
Copies of the key documents, such as the contract, invoices and a statement of account, or a list of them.
A deadline for a response. The Practice Direction suggests 14 days in a straightforward case and no more than three months in a very complex one.
An invitation to consider ADR, and a statement that you may issue proceedings without further notice if the matter is not resolved.
Where the debt protocol applies, the forms it requires.
“Write it as though a judge will read it, because one may.”
What to leave out
Keep the tone factual. Threats you do not intend to carry out, personal criticism and exaggeration damage your credibility with the court that may later read the letter. Never threaten criminal proceedings or public exposure to pressure someone into paying; that can itself be unlawful. Do not overstate the amount: claim what is due, with interest calculated on a stated basis. Write it as though a judge will read it, because one may.
Keep any settlement offer out of the letter before claim. An offer to accept less should go in a separate letter marked ‘without prejudice’, or be made as a formal offer under Part 36 of the Civil Procedure Rules, so that it cannot be shown to the court when liability is decided. Mixing the two weakens both. Daniel and Samuel handle pre-action correspondence and debt claims in the County Court.
General information as at October 2026, not legal advice. For advice on a particular claim, speak to a solicitor.
