Last Updated February 13, 2024
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What is a Letter Before Action?
A Letter Before Action is a final reminder for another party to resolve an issue before you take legal action. It aims to reach an amicable resolution by addressing the problem with a professional tone.
Sending a Letter Before Action shows you are serious about the situation and are setting a solid deadline for the recipient to resolve the issue.
A Letter Before Action is also known as a:
- Letter of demand
- Letter of claim
- Demand letter
- Payment request letter
- Debt collection letter
- Debt recovery letter
Why should I send a Letter Before Action?
A Letter Before Action has many benefits for resolving an issue with the recipient. It is an attempt to negotiate in good faith before any legal actions. In addition, a Letter Before Action can:
- Resolve disputes amicably
- Outline your grievances clearly and concisely
- Provide a course of action before litigation
- Avoid costly litigation fees and time
- Provide a recipient with an opportunity to meet the demands or make a counteroffer
If a dispute is taken to court in England, Wales, or Northern Ireland, the court will consider any pre-action protocols you take before bringing the case to them. A Letter Before Action is pre-action evidence you have attempted to resolve matters on your own before involving litigation, which can benefit your claim.
In Scotland, the sheriff court also advises and encourages steps like a Letter Before Action before filing a claim.
When do I write a Letter Before Action?
A Letter Before Action is used in different circumstances to help resolve an issue amicably and professionally. You can easily use LawDepot’s customisable Letter Before Action template when:
1. You are owed a payment
If a borrower owes you money, sending a Letter Before Action will prompt them to pay the outstanding amount. It also allows the borrower to counteroffer without legal action. In this case, you can attach the Loan Agreement or Promissory Note the borrower signed, proving that a debt is owed to you.
2. Action is required
You can send a Letter Before Action when an individual or business still needs to hold up their end of an agreement. For example, suppose you have a Service Agreement with a contractor, but the work isn’t complete after the contract ends. You can write a Letter Before Action outlining that the job needs to be done by a specific date, or else you’ll take legal action.
3. You need to make an insurance claim
Sending a Letter Before Action to an insurance company can help you secure a settlement. For example, if a collision occurs and your vehicle is damaged significantly, you can send a Letter Before Action demanding compensation for repairs.
How do I write a Letter Before Action?
Each circumstance for a Letter Before Action is unique. LawDepot’s questionnaire lets you quickly fill in all the details for a Letter Before Action for your situation. The steps to writing a Letter Before Action are:
1. Explain why you're writing the letter
State the purpose of the letter. Be specific on why you are sending it, whether it be a debt collection, demand for action, or making an insurance claim—the more precise the details, the stronger the letter.
2. Give details about the issue
If the demand is for an outstanding debt, include the following:
- The amount owing
- When the payment is due
- A description of the debt (e.g., when the loan took place, the reason for the loan, etc.)
If the demand is for required action, include specific details such as:
- A description of the action required
- The date to complete the action by
- Any previous contracts between you and the recipient
If the demand is for an insurance claim, include:
- Details of the incident, such as when it happened, the insurance claim number, and a description of the event
- A description of any physical or mental injuries, if it applies
- A description of any lost expenses, income or damages
3. Attach evidence
Any relevant documents help enforce a Letter Before Action. Evidence includes signed contracts between you and the recipient. For example, if you have a Loan Agreement or Promissory Note outlining money owed, include it with your letter.
Similarly, if you demand action or an insurance claim, you can support your argument by attaching relevant contracts, photos, or documents.
4. State the terms of any settlements
Providing potential terms of a settlement is an option for a Letter Before Action if you are open to any negotiation. Settlements can be:
- An option for a payment plan or reduced payment if you are recovering a debt.
- Money you require to cover expenses, damages, and medical costs.
5. Provide the parties' details
To complete your Letter Before Action, provide both parties' names, addresses, and contact details.
How do I send a Letter Before Action?
Sending a Letter Before Action is also known as serving a Letter Before Action and should be done the day it is dated. The vital part of sending a Letter Before Action is that you have proof of delivery for future reference and possible litigation.
Different options to ensure the recipient gets the Letter Before Action are:
- Registered mail or courier services: With a certificate of posting, you can prove delivery.
- Hand delivery: This is cost-effective, but be sure to have proof of delivery.
- Hire a solicitor: A solicitor can send a Letter Before Action on your behalf through documented delivery.
Please note sending a Letter Before Action through email or text messages isn’t recommended, as it can be difficult to prove that the recipient got the letter. Also, keep a copy of the Demand Letter for future reference or legal actions.
Do I need a solicitor to write a Letter Before Action?
A solicitor is not required to write a Letter Before Action. However, you can consult a solicitor for anything you don’t understand or if guidance is needed should there be no response from the recipient.
Can a Letter Before Action be ignored?
Recipients can acknowledge a Letter Before Action by complying with the demand or responding with a counteroffer. On other occasions, the recipient may ignore a Letter Before Action.
It is best to give a reasonable time for the recipient to respond. However, if there is no response, your next steps can be to:
- Follow up with another demand
- Seek legal advice
- Proceed with legal action
Small claims proceedings vary between England, Wales, Scotland and Northern Ireland. Check the requirements of your county court for filing a claim.
