Letter Before Claim — Debt Recovery
Pre-action protocol letter from creditor to debtor before issuing a money claim in the County Court.
This template was not drafted by a solicitor.
It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.
When to use this template
When seeking to recover money owed to you (business or personal) before issuing court proceedings. Mandatory under the Pre-Action Protocol for Debt Claims (against individuals) since October 2017.
When NOT to use this template
If the debtor is a registered company (different protocol applies — Practice Direction Pre-Action Conduct); if you have already issued proceedings; if the debt is statute-barred (over 6 years old for simple contract debts).
Legal Basis
Pre-Action Protocol for Debt Claims; Civil Procedure Rules; Limitation Act 1980 s.5.
Before you send
- Not including the Information Sheet, Reply Form, and Statement of Account as required by the Protocol
- Demanding payment within less than 30 days (the Protocol minimum)
- Failing to consider any genuine dispute the debtor has raised before issuing proceedings
Common Mistakes to Avoid
- ✗Not including the Information Sheet, Reply Form, and Statement of Account as required by the Protocol
- ✗Demanding payment within less than 30 days (the Protocol minimum)
- ✗Failing to consider any genuine dispute the debtor has raised before issuing proceedings
- ✗Threatening immediate court action without giving the 30-day window
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Letter preview
[Your Name / Business Name] [Your Address] [Telephone] [Email] [Debtor's Name] [Debtor's Address] Date: [DATE OF LETTER] WITHOUT PREJUDICE SAVE AS TO COSTS Dear [DEBTOR'S NAME], Pre-Action Protocol Letter — Debt of £[AMOUNT OWED (£)] We write under the Pre-Action Protocol for Debt Claims, which applies to this matter. Please read this letter carefully. 1. The debt You owe me / us the sum of £[AMOUNT OWED (£)] arising from [WHAT THE DEBT IS FOR]. The debt has been outstanding since [DATE THE DEBT BECAME DUE]. 2. Interest and charges [Optional: Interest is claimed at the statutory rate of 8% per annum under the Late Payment of Commercial Debts (Interest) Act 1998 / Senior Courts Act 1981 s.35A, accruing from [DATE INTEREST STARTED ACCRUING (OPTIONAL)].] 3. Documents enclosed In accordance with the Protocol, I enclose: (a) the prescribed Information Sheet about the Protocol; (b) a Reply Form for you to complete and return; (c) a Statement of Account showing how the debt has accumulated, including any payments made and interest charged. 4. What you must do Within 30 days of receipt of this letter, you must: (a) reply on the Reply Form (admitting, disputing, or seeking time to pay); OR (b) make payment in full; OR (c) contact me / us to discuss a repayment plan. If you dispute the debt, please set out your reasons clearly and provide any supporting documents. 5. Free advice If you are struggling to pay, I would urge you to seek free, independent debt advice from: - Citizens Advice: www.citizensadvice.org.uk - StepChange: www.stepchange.org - National Debtline: www.nationaldebtline.org 6. Court action If you do not respond within 30 days, or we cannot agree a resolution, I / we will consider issuing County Court proceedings to recover the debt, with interest and costs. Yours sincerely, [YOUR NAME]
Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.
Related Official Forms
Frequently asked questions
- What is a letter before claim in debt recovery?
- A letter before claim is a pre-action protocol letter sent by a creditor to a debtor before starting court proceedings. It is mandatory under the Pre-Action Protocol for Debt Claims for debts owed by individuals, a requirement that has applied since October 2017. The letter outlines the debt, encloses required documents, and gives the debtor a specific timeframe to respond or pay.
- What documents must be included with a letter before claim?
- The letter must include the prescribed Information Sheet, a Reply Form for the debtor to complete, and a Statement of Account showing how the debt accumulated. It must also demand payment within at least 30 days. Failing to include these specific documents or demanding payment in less than 30 days are common errors that can undermine the creditor's position.
- What must a debtor do after receiving a letter before claim?
- The debtor has 30 days from receiving the letter to respond. They can reply on the provided form to admit, dispute, or seek time to pay, make full payment, or contact the creditor to discuss a repayment plan. If the debt is disputed, the debtor should clearly state their reasons and provide supporting documents.
- When is a letter before claim not required?
- The letter before claim is not required if the debtor is a registered company, as a different protocol applies. It is also unnecessary if court proceedings have already been issued or if the debt is statute-barred, which generally applies to simple contract debts that are over six years old.
- What happens if the debtor ignores the letter before claim?
- If the debtor does not respond within 30 days or if a resolution cannot be agreed, the creditor will consider issuing County Court proceedings to recover the debt. This may include claims for interest and costs. The letter should clearly state this consequence to inform the debtor of the next steps.
- What free advice should be offered to debtors in the letter?
- The letter should urge debtors struggling to pay to seek free, independent advice. Recommended organisations include Citizens Advice, StepChange, and National Debtline. Providing this information is part of the protocol's requirements to ensure debtors are aware of their options before court action is considered.