If someone owes you money or hasn’t followed through on a contract, you might be considering legal action. But before heading to court, there's an important step you need to take - sending a letter before action (LBA).
In this guide, we’ll walk you through what a letter before action is, when you need one, and how to write one effectively. Whether it’s an unpaid debt, contract dispute, or property issue, we’ll help you understand your legal options and next steps.
What is a letter before action?
A letter before action is a notice sent to a person or business before legal action starts. It sets out the details of a claim and gives the chance to sort the matter without going to court.
Sending an LBA is often legally needed before starting a court claim. This happens during debt recovery (collecting unpaid debts) and civil disputes (disagreements between two parties). It’s also an important step before taking legal action and outlines what the parties need to do before litigation.
👉 You can learn more in our guide to what is a letter before action in the UK.
When is it used?
A letter before action is used in the following situations:
- Unpaid debts: When someone owes money and has failed to make payment.
- Breach of contract: When a party has breached their contract.
- Property disputes: Such as unpaid rent, boundary disagreements, or property damage.
- Employment disputes: Where an employer or employee has breached an agreement.
- Consumer complaints: If a business has provided faulty goods or poor service.
Why do I need to write a letter before claim?
Before taking a dispute to court, you’re expected to follow a pre-action protocol - a legal process that encourages early resolution. Courts expect both sides to try and settle the dispute first, and a letter before action is an essential step in this process. Failing to send one could affect your case.
A well-written letter before action can help resolve the issue without court action, saving time, stress, and money. It also shows the court you’ve acted reasonably, which can work in your favour if the dispute escalates.
💡Editor's insight: "By sending an LBA, you can show the court that you have attempted to resolve the dispute amicably. Pre-action protocols are in place to help both parties communicate and try and settle the matter before legal action is taken. This shows you have taken the necessary steps and been fair to the other party before arranging legal proceedings.”
Letter before action sample
Below is a sample letter before action for an unpaid debt. When in doubt, always speak to a qualified litigation solicitor who can create something tailored for your unique circumstances.
[Your Name]
[Your Address]
[City] [Postcode]
[Your Email]
[Your Phone Number]
[Date]
[Recipient’s Name]
[Recipient’s Address]
[City] [Postcode]
Subject: Letter Before Action – Outstanding Payment of £[Amount]
Dear [Recipient’s Name],
I am writing to request payment of the outstanding amount of £[amount], which remains unpaid despite previous reminders. This amount relates to [describe the reason for the debt, e.g., unpaid invoice no. 123 dated [date]].
As of the date of this letter, the total amount due, including any applicable interest, is £[amount].
If full payment is not received within [timeframe, e.g., 14 days], I will have no alternative but to start legal proceedings to recover the debt. Please advise that this may result in additional costs and potential legal action against you.
To avoid legal proceedings, please arrange for payment by [payment method, e.g., bank transfer to [account details].
If you believe there is an error with this claim or if you wish to discuss a repayment plan, please contact me immediately.
This letter is being sent in accordance with the Pre-Action Protocol for Debt Claims. Failure to respond may result in legal action being taken without further notice.
I look forward to your prompt response.
Yours sincerely,
[Your Name]
What should a letter before action legally include?
For a letter before action to be effective, it should contain key details about the claim.
1. Your details
- Full name
- Address
- Contact information (email/phone)
2. The recipient’s details
- Full name (or company name if writing to a business)
- Address
3. A clear description of the issue
- The reason for the claim (e.g., unpaid debt, breach of contract, property damage).
- Dates and details of any agreements or transactions.
- Reference numbers (such as an invoice or contract number).
4. The amount owed (if applicable)
- Clearly state the total amount due.
- Include any interest or late payment charges, if applicable.
5. A deadline for response
- Typically 30 days for individuals and 14 days for businesses (as per pre-action protocols).
6. Consequences of non-payment or non-compliance
- Inform the recipient that legal action will be taken if the issue is not resolved.
- Mention potential additional costs (e.g., court fees, solicitor fees).
7. Payment or resolution options
- Provide bank details or payment instructions.
- Offer an opportunity to discuss or dispute the claim.
8. A reference to pre-action protocols (if applicable)
- Mention that the letter is being sent in line with legal protocols.
Do I need a solicitor to write a letter before action?
No, you don’t need a solicitor to write an LBA - you can draft one yourself using a template. However, if your dispute is more complex - such as a large debt, breach of contract, or ongoing legal disagreements -it may be worth seeking legal advice. A letter before action solicitor can help you:
- Ensure your letter is legally sound and includes all the necessary details.
- Strengthen your claim by wording the letter in a way that encourages a resolution.
- Avoid common mistakes that could weaken your case or delay proceedings.
If the recipient ignores your letter or disputes the claim, having a solicitor on hand can make the next steps smoother - whether that's negotiating a settlement or proceeding with legal action.
FAQ
Do I have to send a letter before action before taking legal action?
In most civil cases, yes. Courts expect those making a claim to follow pre-action protocols, which usually need an LBA before filing a claim.
How long should I give someone to respond to a letter before action?
The usual deadline is 30 days for individuals and 14 days for businesses, but this can vary depending on the type of dispute.
What happens if the recipient ignores the letter before action?
If there is no response, you can proceed with a court claim. If the recipient also ignores the court claim, you may apply for a default judgment.
Final thoughts
An LBA is a powerful tool that gives the other party a final chance to resolve the issue before things escalate to court. It can often help settle disputes quickly - saving both time and money. To give your LBA the best chance of success, make sure it includes all key details and follows legal guidelines. If the recipient doesn’t respond or refuses to pay, you may need to take legal action.
References
- Problems with goods - letter before court action by Citizens Advice
- Pre-action protocol in debt cases by Shelter
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.