Discover how to send a letter before action in the UK, what to include, and why it matters before taking a dispute to the small claims court.

How to send a letter before action

Before you file a claim in the small claims court, there is one important step you should take first: sending a letter before action (LBA). This formal letter tells the other party that you intend to start legal proceedings if they do not resolve the matter within a set period. It is not just good practice — in many cases, it is a legal requirement under the pre-action protocols set out by the Civil Procedure Rules.

This guide explains what a letter before action is, what it must contain, how to send it correctly, and what to do if you receive no response.

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What is a letter before action?

A letter before action is a formal written notice sent to a person or business before you issue a claim through the courts. It serves as a final warning, giving the other party a clear opportunity to settle the dispute without court involvement.

Courts in England and Wales expect both parties to have made reasonable attempts to resolve a dispute before proceedings begin. Failing to send an LBA — or sending one that lacks the necessary detail — can reflect poorly on you as the claimant. In some cases, a judge may impose cost penalties if pre-action steps have not been followed, even if you ultimately win your case.

A well-drafted LBA signals that you are serious, organised, and acting in good faith. It also creates a paper trail that strengthens your position should the matter proceed to court.

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When should you send a letter before action?

You should send an LBA after you have already attempted to resolve the matter informally — for example, through phone calls, emails, or in-person conversations — and those attempts have either failed or been ignored.

Common situations where an LBA is appropriate include:

• A trader or contractor has provided faulty goods or poor workmanship
• A business or individual owes you money and has not paid
• A landlord has unlawfully withheld a deposit
• You have suffered a financial loss due to someone else’s negligence or breach of contract

There is no fixed rule on how long you must wait before sending an LBA, but it is reasonable to allow the other party a fair opportunity to respond to your informal communications first. Once it is clear they are unwilling or unable to resolve the matter, an LBA is the appropriate next step.

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What to include in your letter before action

For your letter to carry weight, it must be clear, specific, and professional. The Practice Direction on Pre-Action Conduct and Protocols sets out what courts expect parties to include in pre-action correspondence.

Your letter before action should cover the following:

Your details and the recipient’s details

Include your full name and address, along with the full name and address of the person or business you are writing to. If you are writing to a limited company, use its registered address.

A clear summary of the dispute

Explain concisely what happened, when it happened, and why you believe the other party is liable. Avoid emotional language — stick to facts and be as specific as possible. Include relevant dates, reference numbers, and any prior correspondence.

The amount you are claiming

State the exact sum you are seeking, including any interest you believe you are entitled to. If you are unsure how to calculate statutory interest on your claim, the ClaimsPilot interest calculator can help you work out the correct figure based on the relevant rate and time period.

A reasonable deadline to respond

Give the other party a specific number of days to respond and resolve the matter. For most consumer and small business disputes, 14 days is standard. For more complex matters, 30 days may be more appropriate. Be consistent — if you say 14 days, stick to that deadline.

Your intended course of action

Make it clear that if they do not respond or resolve the matter by the deadline, you intend to issue a claim through the county court. You do not need to threaten or use aggressive language — a straightforward statement is sufficient and more effective.

Supporting documents

Where relevant, attach copies (not originals) of evidence such as invoices, contracts, receipts, photographs, or prior correspondence. Reference these in the body of your letter.

You can draft a compliant, professional letter before action using the ClaimsPilot letter before action tool, which guides you through each section to ensure nothing is missed.

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How to send your letter before action

How you send the letter matters almost as much as what it says. You want to be able to prove that the other party received it.

By post

Send the letter by first class post and keep a copy for your records. For added certainty, use recorded or signed-for delivery so you have proof of receipt. Royal Mail’s signed-for service provides a tracking reference and confirmation of delivery.

By email

Email is acceptable and widely used, particularly in business-to-business disputes. If you send the letter by email, request a read receipt and save a copy of the sent message. It is worth following up with a brief email asking the recipient to confirm they have received it.

In person

In some circumstances — for example, if you are dealing with a local trader — you may wish to hand-deliver the letter. If you do, ask the recipient to sign and date a copy as acknowledgement.

Whichever method you choose, keep thorough records. If the matter proceeds to court, you may be asked to demonstrate that you sent the letter and that the other party had a reasonable opportunity to respond.

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What happens after you send it?

Once your deadline has passed, one of three things will typically happen:

They pay or agree to settle. This is the ideal outcome. If the other party agrees to pay, make sure you get that agreement in writing and confirm the payment terms before closing the matter.
They respond but dispute your claim. If they disagree with your position, consider their response carefully. They may raise valid points that affect your claim, or they may simply be stalling. Either way, their response will help you understand how strong your position is before going to court.
They do not respond at all. Silence does not mean the matter is resolved. If your deadline passes without a response or payment, you are entitled to proceed with issuing a claim. Having sent a proper LBA strengthens your case from the outset.

If you reach the stage of issuing a claim, you can do so through Money Claim Online for straightforward money claims of up to £100,000, or through your local county court for other types of claim. The small claims track is generally used for disputes valued at up to £10,000 in England and Wales.

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Common mistakes to avoid

Even a well-intentioned letter before action can be undermined by avoidable errors. Here are some of the most common pitfalls:

Being vague about the amount. Always specify the exact sum you are claiming. Vague language like “a significant amount” or “compensation to be determined” weakens your position and gives the other party room to argue that they did not understand what was being asked.
Setting an unrealistic deadline. A deadline of two or three days is unlikely to be considered reasonable by a court. Give the other party a fair and proportionate amount of time to respond.
Using aggressive or threatening language. Your letter should be firm but professional. Threats of additional action beyond court proceedings, or language that could be considered harassing, may actually damage your case.
Failing to keep copies. Always keep a copy of the letter and evidence of how it was sent. You may need to refer to it later.
Sending it to the wrong address. For limited companies, check the registered address on Companies House before sending. Sending to the wrong address could mean your letter has no legal standing.

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Ready to draft your letter before action?

Sending a well-structured letter before action is one of the most important steps you can take before making a small claim. It demonstrates good faith, satisfies court requirements, and often resolves disputes without the need for formal proceedings at all.

ClaimsPilot makes it straightforward. Our letter before action tool helps you create a clear, professional letter tailored to your situation — no legal jargon, no guesswork.

Start your letter before action with ClaimsPilot →