When to Send a Letter Before Action for a debt claim: An English & Welsh Business Guide (2025)

Staring at an overdue invoice is incredibly frustrating. You've done the work, made the phone calls, sent polite reminders, but the payment is still missing. Now you're wondering if it's time to get serious, but you're worried that one wrong move could jeopardize your entire claim.

This guide will give you a clear, simple framework for understanding exactly when to send a letter before action in the UK. We'll show you how to comply with Court rules and maximise your chances of getting paid.

We'll cover the critical Pre-Action Protocol, the 30-day rule, and the practical steps to take if your letter is ignored.

When is the Right Time to Send a Letter Before Action?

A Letter Before Action (LBA) is a formal, final warning before you start Court proceedings. It tells the debtor you're serious and gives them one last chance to pay. But sending it too early can seem aggressive, while sending it too late can delay your payment further.

Think of it as the final step in your credit control process before escalating to Court proceedings, not the first.

Before the LBA: Have You Exhausted Informal Reminders?

Before you even think about a formal letter before action, the English and Welsh courts expect you to have made reasonable attempts to resolve the issue informally. This isn't just good practice; it's a critical part of the process.

Your first steps should always be a series of polite but firm reminders. A typical process might look like this:

1. A polite email reminder a few days before the invoice is due.
2. A follow-up phone call on the due date if it hasn't been paid, or shortly thereafter.
3. A final reminder email with a clear, firm deadline, a week or perhaps a month afterward (depending on such factors as what credit period was agreed, the customer relationship and size of the invoice)

This creates a paper trail that proves you've acted reasonably. If you need guidance, our guide on how to send effective payment reminders can help you structure these communications perfectly.

The Tipping Point: Key Signs It's Time to Escalate

You've sent the reminders. You've made the calls. When do you know it's time to escalate? Here are the clear signs that informal methods have failed:

• They've gone silent: The debtor has ignored multiple emails and calls.
• They've broken promises: They promised to pay by a certain date but failed to do so.
• They're disputing the debt: They are raising flimsy or invalid reasons not to pay.
• Communication has broken down: Any contact you do have is unproductive or hostile.

If you recognise any of these signs, it’s time to stop chasing and start the formal legal process with a Letter Before Action.

Understanding the English and Welsh Pre-Action Protocol: 30 Days Explained

This is where many businesses get confused and make costly mistakes. The timing of your LBA is governed by Court mandated rules called the "Pre-Action Protocol." Getting this right is non-negotiable.

What is the Pre-Action Protocol? (And Why Courts Take It Seriously)

The Pre-Action Protocol is the court's official rules of engagement. According to the Court's Pre-Action Protocol for Debt Claims, these are steps you must follow before issuing a legal claim.

Their purpose is simple: to encourage both sides to share information and try to settle the dispute without needing a Judge. Courts take them very seriously because they reduce the number of cases that take up the system.

The 30-Day Rule: the Pre-Action Protocol

This is the most critical distinction to understand. If you are a business chasing a debt from an individual or sole trader, you must follow the Protocol.

In this scenario, the official Pre-Action Protocol for Debt Claims is mandatory. It requires you to give the debtor 30 days to respond to your letter. You must also include a specific information sheet and a reply form with your LBA.

For business to business transactions that fall outside the Protocol, there is no time period prescribed by the Court, though there may be a credit period prescribed by your contract. But you have more flexibly, though normally offering the same 30 day period is advisable, because the Court will regard it as reasonable. Sometimes businesses will ask for payment within 14 days.

Knowing the difference between the letter before action 14 days vs 30 days rule is essential to protecting your legal position.

The High Cost of Mistakes: What Happens If You Get the Timing Wrong?

Ignoring the Pre-Action Protocol isn't an option. The Courts see it as a failure to play by the rules, and the penalties can be surprising, even if you ultimately win your case.

Adverse Cost Orders: How a Simple Mistake Can Cost You

This is one of the biggest consequences of not sending a letter before action UK courts can impose. A judge has the power to penalise you for non-compliance.

Even if you win and the court orders the debtor to pay you, the judge could:

• Prevent you from recovering your Court fees from the debtor.
• Stop you from claiming any interest you would otherwise be entitled to.
• In serious cases (usually not small claims), even order you to pay a portion of the debtor's legal costs.

These letter before action mistakes UK businesses make can turn a clear win into a financial loss.

Damaging Your Case: Why Your Claim Could Be Paused

If a Judge sees that you haven't followed the correct pre-action steps, for example by only giving a sole trader 14 days' notice instead of 30, they can put a "stay" on the proceedings.

This means your entire case is paused until compliance occurs. This causes significant delays, giving the debtor more time and costing you more in the long run.

A Practical Checklist for Sending Your LBA Correctly

Feeling confident about the timing is half the battle. Here are the practical steps for sending an LBA without a solicitor in the UK.

Proving Delivery: Can a Letter Before Action Be Sent by Email?

This is a common question. The short answer is yes, you can. However, an email can be missed, ignored, or end up in a spam folder and if you are sending a LBA under the Protocol, you have to sent it by post.

Guidance from Citizens Advice suggests that if you are sending the LBA yourself, proof of postage is key. Therefore, the best practice is to do both:

• Send the letter by email for speed and an instant digital record.
• Send a physical copy via post.

This two-pronged approach makes it almost impossible for the debtor to claim they never received your warning.

Ignored Letter Before Action: What Happens Next?

So, you've sent your LBA, the deadline has passed, and you've still heard nothing. If you have an ignored letter before action what next UK courts expect is clear: you are now entitled to start a Court claim.

This is the point where you would proceed to the small claims court. Because you have followed the pre-action steps correctly, you can now issue your claim with confidence, knowing you have complied with the court's rules.

How Long After an LBA Can You Go to Court?

Here's the direct answer to how long after sending a letter before action can I go to court UK? You can start Court proceedings the day after the deadline in your letter expires.

If you gave 30 days' notice, you can start on day 31.

Related Debt Recovery Guides

• Payment Reminders: Learn how to write effective payment reminders before you need to escalate. Learn more here.
• Small Claims Court: If your Letter Before Action is ignored, our guide explains how to start a court claim. Read the guide.

Frequently Asked Questions (FAQs)

What is the Pre-Action Protocol for Debt Claims in the UK?

The Pre-Action Protocol for Debt Claims is a mandatory set of rules for any business claiming payment from an individual (including a sole trader). It requires you to send specific information, attach specific documents and give the debtor 30 days to respond before you can start court action.

Can I send an LBA without a solicitor in the UK?

Yes, you absolutely can. The process is designed to be accessible, and our guide provides the key information you need. Services like Garfield AI can help you create a compliant, solicitor-reviewed LBA without the high cost of a traditional law firm.

What is the cost of sending a Letter Before Action in the UK?

The cost of sending letter before action UK can vary significantly. A traditional solicitor might charge £100-£300+VAT. A DIY approach only costs the price of postage. AI-powered legal services offer a middle ground, providing a professionally drafted, compliant letter for a low fixed fee that will save you time and money.

What happens if the debtor offers to pay in instalments after receiving an LBA?

This is a positive outcome. You should consider any reasonable offer. If you agree to an instalment plan, make sure you get it in writing, clearly stating the payment dates and amounts. This prevents future disputes.

Conclusion

Sending a Letter Before Action is a powerful step, but timing is everything. Understanding when to send a letter before action in the UK is the single most important factor in complying with court expectations and avoiding penalties.

Here are your key takeaways:

• Always try informal reminders first to show you've acted reasonably.
• Identify your debtor: Are they a business (14-day rule) or an individual/sole trader (30-day rule)?
• Apply the correct timeframe to your letter. This is non-negotiable.
• Always send the letter via a tracked method to prove delivery.

By following these steps, you can move forward with confidence, knowing you are acting correctly and protecting your legal position.

Ready to create a compliant and effective Letter Before Action in minutes? See how Garfield AI can help you get paid.