A letter before action (LBA) is a formal legal notice sent to a person or business before legal proceedings begin. It serves as a final warning and gives the recipient a last chance to settle a dispute before the matter is taken to court. In this guide, we’ll explain what a letter before action is, when it is used, and what to do if you receive one.
What is a letter before action?
A letter before action outlines the details of the dispute and sets a clear deadline - usually 14 days for businesses and up to 30 days for individuals - for the recipient to respond. If they fail to act, the sender has the right to proceed with court action. The letter typically includes:
The issue in dispute – e.g. an unpaid invoice, breach of contract, or property dispute.
A summary of relevant facts – detailing previous attempts to resolve the issue.
A demand for resolution – such as full payment of the debt or specific action to remedy the situation.
A response deadline – giving the recipient time to settle the issue before court action is initiated.
Legal consequences of ignoring the letter – including potential court costs, interest charges, or enforcement action.
What is a letter ‘before claim’?
A letter before claim is simply another term for an LBA. It’s commonly used in civil court claims, particularly in debt recovery cases, and follows pre-action protocols set by the Civil Procedure Rules. These protocols are designed to encourage early resolution and ensure that court proceedings are a last resort.
💡 Editor’s insight: “You might hear the term ‘letter before claim’ in formal legal disputes. It’s especially common in debt collection, where businesses or individuals send this letter to demand payment before escalating to legal action.”
When is it used?
A letter before action is used in various legal situations to formally notify an individual or business of an issue before escalating it to the courts. It serves as a final warning and gives the recipient an opportunity to resolve the matter before legal proceedings begin. Some of the most common scenarios where a letter before action is used include:
1. Debt recovery
A letter before action is commonly used by creditors when an individual or business owes money. It acts as a formal demand for repayment before a court claim is issued. This is particularly relevant for:
Unpaid invoices: Businesses often send a letter before action to clients who have failed to pay for services or goods.
Personal loans: If one individual has lent money to another without repayment, they may send an LBA to recover the debt.
Rent arrears: Landlords may issue a letter before action to tenants who are behind on their rent before taking eviction proceedings.
2. Contract disputes
If a person or business fails to uphold the terms of a contract, the other party can issue a letter before action. This may include:
A supplier failing to deliver goods or services as agreed.
A breach of warranty in a product purchase.
A service provider failing to meet contractual obligations.
The LBA will outline the breach, any losses incurred, and a demand for the issue to be resolved within a set timeframe.
3. Property disputes
A letter before action is often used in property-related disagreements, including:
Boundary disputes: If a neighbour builds on your land or obstructs your property, an LBA can be the first step in resolving the issue.
Landlord-tenant disputes: A landlord may send an LBA to demand unpaid rent or seek possession of a property.
Co-ownership disagreements: If an unmarried couple or family members dispute ownership of a property, a letter before action may be sent before court proceedings.
4. Personal injury claims
If someone has suffered an injury due to another person’s negligence, they must send a letter of claim (a type of letter before action) to notify the responsible party. This is common in:
Workplace injuries
Road traffic accidents
Medical negligence claims
The letter usually includes details of the injury, evidence of negligence, and a request for compensation.
5. Employment disputes
Employees may send a letter before action to an employer if they have experienced:
Unpaid wages or redundancy payments.
Unfair dismissal.
Workplace discrimination or harassment.
If the dispute is not resolved, the employee may escalate the matter to an employment tribunal.
What does the letter usually include?
A well-drafted letter before action should be clear, professional, and legally compliant. It needs to provide the recipient with all the necessary information to understand the claim and respond appropriately. The key components of an effective LBA include:
1. Sender’s details
The letter should clearly state:
The full name of the person or business sending the letter.
Their address and contact information.
This ensures the recipient knows exactly who is making the claim and how to get in touch.
2. Recipient’s details
The letter should include:
The full name of the person or business receiving the claim.
Their address and any relevant contact details.
If the recipient is a company, the letter should be addressed to the registered office or the relevant department (e.g., accounts department for unpaid invoices).
3. Clear explanation of the claim
The letter should outline the nature of the dispute, including:
What has happened: A detailed yet concise explanation of the issue.
Key dates: When the issue arose and any previous attempts to resolve it.
Supporting evidence: References to contracts, invoices, emails, or photographs.
For example, in a debt recovery case, the letter should state:
The amount owed.
The due date of the payment.
Any previous reminders sent.
4. Legal basis for the claim
If the claim is based on a specific law, contract, or legal principle, the letter should mention this. For example:
A business claiming an unpaid invoice may reference the Late Payment of Commercial Debts (Interest) Act 1998.
A tenant disputing an eviction may reference the Housing Act 1988.
This strengthens the sender’s position and shows they are prepared to escalate the matter legally if necessary.
5. Demand for action
The letter should clearly state what the recipient needs to do to resolve the issue. This could include:
Paying an outstanding debt.
Returning an item.
Providing a service as agreed in a contract.
Stopping a certain action (e.g. trespassing or nuisance behaviour).
The request should be reasonable and achievable within the timeframe given.
6. Deadline for response
The letter must specify a clear timeframe for the recipient to respond.
For most claims, a 7-14 day deadline is common.
For debt recovery claims involving individuals, a 30-day response time is required under pre-action protocol rules.
This gives the recipient a fair opportunity to respond and attempt to resolve the matter before legal action is taken.
7. Consequences of non-compliance
The letter should warn the recipient that if they do not respond within the given timeframe, legal action will follow. This may include:
Filing a court claim.
Seeking a County Court Judgment (CCJ).
Instructing bailiffs to recover debt.
This ensures the recipient understands the seriousness of the matter and encourages them to engage in resolving the issue.
8. Reference to pre-action protocols (if applicable)
If the claim falls under a specific pre-action protocol, the letter should mention this. For example:
A debt claim should reference the Pre-Action Protocol for Debt Claims.
A personal injury claim should refer to the Pre-Action Protocol for Personal Injury Claims.
Following the correct protocol ensures that the claim meets legal requirements and avoids unnecessary court delays.
9. A statement of willingness to negotiate
To show good faith, the sender may state that they are open to discussion to avoid court action. This can include offering:
A payment plan (for debt claims).
Alternative dispute resolution (ADR) options such as mediation.
This makes it clear that legal action is a last resort and that the sender is willing to resolve the matter amicably.
10. Signature and date
The letter should be signed and dated by the sender or their legal representative. This ensures the letter is formal and properly recorded.
What are pre-action protocols?
Pre-action protocols are official steps that must be followed before taking legal action in the UK. They exist to encourage people to resolve disputes outside of court and ensure that litigation is only used as a last resort. By following these protocols, both sides have a chance to settle issues fairly and efficiently - potentially avoiding the time, stress, and cost of court proceedings.
Why are pre-action protocols important?
If you don’t follow the correct pre-action protocol, the court may delay your case, reduce your chances of winning, or even order you to pay extra legal costs. The process is designed to make sure both parties have attempted to resolve their disagreement before a judge gets involved.
💡 Editor’s insight: "Pre-action protocols aren’t just formalities - they’re legal requirements. Taking time to follow the correct steps can make a big difference in your case, whether you’re claiming money owed, handling a housing issue, or pursuing compensation."
Things to know if you’re sending a letter before action
If you're considering sending a letter before action, keep the following in mind:
Make sure you have a valid claim: Ensure you have evidence to support your claim.
Give a reasonable deadline: Usually 7-14 days, but this can vary.
Remain professional: The letter should be formal and polite, not aggressive.
Follow legal requirements: If your case falls under a specific pre-action protocol, ensure your letter meets those guidelines.
Seek legal advice if unsure: A solicitor can help draft an effective letter.
Sending a letter before action is often enough to prompt a resolution, as many recipients will take the issue seriously to avoid legal action.
Things to know if you’re receiving a letter before action
If you receive a letter before action, it’s important to act quickly. Here’s what you should do:
Read it carefully: Understand the claim being made against you.
Check for mistakes: Ensure the claim is valid and not based on incorrect information.
Seek legal advice: If unsure, consult a solicitor for guidance.
Respond within the deadline: Ignoring the letter can lead to court action.
Consider negotiating: If possible, try to resolve the dispute before it reaches court.
Failing to respond to a letter before action increases the risk of legal proceedings, which could lead to additional costs.
How do you create a letter before action?
Writing a strong letter before action is key to ensuring your claim is taken seriously. Here are the steps to follow:
Start with your details: Include your full name, address, and contact information.
Add the recipient’s details: Ensure their name and address are correct.
State the issue clearly: Explain why you are sending the letter.
Provide evidence: Mention relevant invoices, contracts, or agreements.
Set a deadline: Give a reasonable timeframe (e.g. 7-14 days).
Outline next steps: Explain that legal action will follow if the issue is not resolved.
Keep a copy: Always keep a record of the letter for future reference.
Using a letter before action solicitor or legal template can help ensure the letter is professionally written and legally valid.
FAQs
Do I have to send a letter before action before taking legal action?
In most cases, yes. The UK court system requires pre-action protocols to be followed before starting legal proceedings. Failing to send a letter before action can lead to court delays or penalties.
How long should I give someone to respond to a letter before action?
The standard deadline is 7–14 days, depending on the type of dispute. Some cases, such as debt recovery against an individual, may require 30 days under pre-action protocol rules.
What happens if a letter before action is ignored?
If the recipient does not respond within the deadline, the sender can proceed with legal action, such as filing a claim in court. This can lead to court fees and additional costs for the recipient. You can learn more in our guide to what happens if there's no response to a letter before action.
Can I send a letter before action myself, or do I need a solicitor?
You can send a letter before action yourself, but using a solicitor can help ensure the letter is correctly worded and legally effective. Many solicitors offer fixed-fee services for drafting legal letters.
Is a letter before action legally binding?
A letter before action itself is not legally binding, but it is an essential step in the legal process. If the case goes to court, the judge may review the letter and the recipient’s response when making a decision.
Final thoughts
A letter before action is a crucial step in resolving disputes before legal proceedings. Whether you are sending or receiving one, understanding the process can help you avoid unnecessary court costs and delays.
By following pre-action protocols and ensuring your letter is clear and professional, you can improve the chances of reaching a resolution without litigation. If in doubt, seek legal advice from a litigation solicitor to ensure your rights are protected.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.
