A letter before claim is the formal letter you send before starting a court claim. In England and Wales, the court expects it to set out the basis of your claim, a summary of the facts, what you want and, if it's money, how the amount is worked out. In a straightforward case, give the other side 14 days to reply.
It's often called a letter before action. This guide is for individuals with a claim against a person or business. It is based on the court's Practice Direction on Pre-Action Conduct.
1. What a letter before claim must contain
The Practice Direction says your letter should give "concise details of the claim" (para 6(a)). Use this checklist.
- The basis of the claim. Why they owe you. For example, you paid for a service they cancelled and didn't refund. (para 6(a))
- A summary of the facts. What happened, in date order. Keep it short. (para 6(a))
- What you want. A refund, a repair, a sum of money. Be specific. (para 6(a))
- How the amount is worked out. Show the sum, line by line. (para 6(a))
- A date to reply by. A reasonable time (see section 2). (para 6(b))
- What their reply should say. Whether they accept the claim and, if not, why, and which facts they dispute. (para 6(b))
- Key documents. List or enclose the ones that matter, such as the contract, receipts and emails. Ask for theirs. (para 6(c))
- An offer to settle or use another way to resolve it, such as negotiation or mediation. Litigation should be a last resort. (paras 8 and 10)
- The next step you may take if the matter isn't resolved.
Two rules sit behind the list. Keep it proportionate: the steps should be reasonable for the size of the dispute (para 4). And keep it true: knowingly making a false statement in a pre-action letter can lead to proceedings for contempt of court (para 2).
2. How long to give them
The other side should reply "within a reasonable time": 14 days in a straightforward case, and no more than 3 months in a very complex one (para 6(b)). Most consumer disputes over a refund or an unpaid sum are straightforward. You can give longer if you want to.
Write the deadline as a calendar date, not "14 days from receipt". Keep a copy of the letter and a record of when and how you sent it.
Mind the time limit. For most claims about a contract, or about negligence, you have six years from the date the claim arose to start court proceedings (Limitation Act 1980, sections 5 and 2). The pre-action steps don't extend that. If you are close to the deadline, you can start the claim and ask the court to pause it while you complete these steps (para 17).
3. What happens if you skip it
If the dispute ends up in court, the court expects you to have followed the Practice Direction. It looks at whether you complied in substance, not at minor or technical slips (para 13).
The court can treat it as non-compliance if you didn't give enough information, didn't act within a reasonable time, or unreasonably refused to try another way of resolving it (para 14). It can then pause the claim while the steps are taken, or apply sanctions (para 15). Sanctions can include paying costs and, for a claimant, losing some of the interest on any sum awarded (para 16).
4. Illustrative example — fictional names and amounts
This example is fictional. Notes in brackets show which part of the Practice Direction each section covers. They are not part of the letter.
Alex Sample, 12 Example Road, Anytown AB1 2CD To: The Director, Example Events Ltd, 3 Fictional Street, Othertown EF3 4GH Date: 14 October 2026
Letter before claim
The claim. I paid you £850 for a photography package for 6 September 2026. You cancelled the booking and have not refunded me. I am claiming the £850 for breach of contract. [Basis of the claim, para 6(a)]
What happened. On 2 June 2026 I booked and paid a £300 deposit. On 1 August 2026 I paid the £550 balance. On 20 August 2026 you emailed to cancel. I asked for a refund on 21 August and 4 September. You have not replied. [Summary of the facts, para 6(a)]
What I want. A refund of £850, calculated as: deposit £300 + balance £550 = £850. [What you want and how it's worked out, para 6(a)]
Your reply. Please reply by 28 October 2026. Tell me whether you accept the claim. If you don't, explain why and which facts you dispute. [Reasonable time and reply contents, para 6(b)]
Documents. I enclose the booking confirmation, both payment receipts and your cancellation email. Please send any documents you rely on. [Key documents, para 6(c)]
Resolving this. I am open to discussing this, or to mediation, before going to court. [Settlement and ADR, paras 8 and 10]
Next step. If I do not receive the refund or a reply by that date, I may start a claim in the County Court without further notice.
Alex Sample
Notice what it doesn't do: no threats, no legal jargon, no padding. One page is usually enough.
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5. When not to use one
This guide follows the general Practice Direction. It is not the right route if:
- Your dispute has its own pre-action protocol. For example, personal injury, clinical disputes, professional negligence, or disrepair claims against a landlord. Follow that protocol instead (para 6). The full list is on justice.gov.uk.
- You are a business claiming a debt from an individual. The Pre-Action Protocol for Debt Claims applies to any business, including sole traders, claiming a debt from an individual. It has its own rules, including a 30-day reply period and a set Information Sheet and Reply Form (paras 1.1, 1.2 and 3.4).
- The other side, or you, are in Scotland or Northern Ireland. They have a different court process.
- You need an urgent court order, such as an injunction. The court is less concerned with technical pre-action steps in urgent matters (para 13). Get legal advice.
If your dispute is about a tenancy deposit, read disputing deposit deductions. If a builder hasn't finished the job, read when a builder doesn't finish.
6. After the deadline
If you don't get the refund or an agreement, review where things stand. Look again at the papers and try to narrow what's in dispute (para 12).
Your next step is to start a court claim. You can apply online through GOV.UK for most money claims, unless, for example, you don't know the exact amount or the other side has no address in England or Wales. You pay a court fee based on the amount you claim, from £35 for claims up to £300 to £455 for claims of £5,000.01 to £10,000.
Claims of up to £10,000 normally go to the small claims track. If the other side disputes a claim of £10,000 or less, you will be told to attend free mediation organised by the court.
FAQ
Does a letter before claim have to be sent by post? Can I email it? The Practice Direction doesn't say how it must be sent. In practice, use a method you can show was received, such as email to an address they have used with you, or post with proof of postage. Keep a copy. (The separate Debt protocol, for businesses, does require post.)
Is a letter before claim legally binding? No. It is a formal letter, not a court order, and it doesn't make the other side do anything. What it does is set out your claim, give them the chance to respond, and show the court you took the steps it expects before a claim.
Do I need a solicitor to send one? No rule says a solicitor must send it. You can write it yourself. GOV.UK says you may need legal advice if your claim is complex.
What if they reply and dispute it? Their reply should say which facts they dispute and why (para 6(b)). Read it, consider whether a settlement or mediation could resolve it, and then decide whether to start a claim.
Is a letter before action the same thing? Yes, the two names are used for the same letter. Businesses chasing a debt from an individual follow the Debt protocol, which calls it a "Letter of Claim".
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