Before you file a court claim, you need to send a Letter Before Action. But how much does it cost, what are the legal rules, and can you just email it?
How much does it cost?
DIY (do it yourself):
- Postage: £3-5 (Recorded Delivery or Signed For)
- Your time: 4-6 hours (research, drafting, formatting)
- Risk: Missing legal requirements or using the wrong tone
Solicitor:
- Cost: £150-£400 just for the letter
- Not recoverable in small claims court (you're out of pocket even if you win)
- Often overkill for straightforward debts under £10,000
Garfield:
- Fixed, transparent fee (recoverable from the debtor if you win)
- Effectively free if you win, as the cost is added to what they owe
- Includes trackable delivery and automatic court filing if ignored
What are the legal rules?
The letter must comply with the Pre-Action Protocol for Debt Claims. Courts take this seriously: if you don't follow the rules, your claim can be dismissed, or worse, you could be ordered to pay the defendant's legal costs.
What you must include:
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Your details (name, address, contact info)
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Their details (correct legal name and address; check Companies House for businesses)
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Amount owed with full breakdown (original debt + interest + fees)
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What the debt is for (invoice number, goods/services provided, date)
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Specific deadline (typically 14-30 days from the date they receive it)
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Payment methods (bank details, payment link)
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Warning of consequences if they don't pay (court action, additional fees)
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Required forms (if claiming from an individual or sole trader only):
- Information Sheet - explains the debtor's rights and next steps
- Reply Form - standard form for the debtor to respond
- Financial Statement Form - income and expenditure form
These three forms are mandatory under the Pre-Action Protocol for Debt Claims when pursuing individuals or sole traders. They're not required for limited companies. Get the official forms from the Pre-Action Protocol for Debt Claims.
What you must do:
- Provide sufficient information so they understand the claim
- Give reasonable time to respond (14-30 days)
- Consider any genuine disputes before rushing to court
If they respond saying they dispute the debt, you can't just ignore that and file a claim. You need to engage with their dispute or risk the court penalizing you.
Can you send it by email?
Short answer: Email alone isn't enough.
Courts need proof that the Letter Before Action was delivered. An email can be ignored, deleted, or claimed to have gone to spam.
Best practice:
- Send by Recorded Delivery or Signed For post (this is your legal proof of delivery)
- Also send by email for speed and convenience
The posted version is what counts in court. The email is just to make sure they see it quickly.
What happens if you get it wrong?
If your Letter Before Action doesn't comply with the Pre-Action Protocol:
- The court might dismiss your claim
- You could be ordered to pay the defendant's costs
- It delays your recovery and costs you more money
Courts expect you to have followed the rules properly before filing.
How Garfield helps
Garfield generates legally compliant Letters Before Action that:
- Include all required Pre-Action Protocol information
- Calculate interest and fees correctly
- Send via trackable delivery (proof of delivery included)
- Track responses automatically
- File a court claim automatically if ignored
The fee is recoverable from the debtor if you win, so it costs you effectively nothing. You get professional-quality debt recovery without the risk of getting the rules wrong.