How to Write a Demand Letter Before Filing a Simple Procedure Claim in Scotland

Before you file a Simple Procedure claim in Scotland, you're expected to write to the other party and give them a chance to pay. Scotland doesn't have England's formal Pre-Action Protocols, but the Simple Procedure Rules require you to show that reasonable efforts were made to resolve the dispute before going to court. A clear demand letter does that — and it often gets the money paid without ever involving the Sheriff Court.

What the Letter Must Include

A demand letter isn't a rant or a threat. It's a factual document that sets out exactly what's owed and why. Include:

The parties. Your full legal name and address, and the respondent's full legal name and address. If you're writing to a limited company, use the exact name from Companies House and send it to the registered office.

What happened. A chronological account of the transaction or agreement — when it was made, what was promised, what was delivered (or not), and when payment was due.

The amount owed. Break this down clearly: the principal sum, any contractual interest, and any statutory interest you're entitled to. For unpaid business invoices, the Late Payment of Commercial Debts (Interest) Act 1998 gives you 8% above the Bank of England base rate plus a fixed compensation charge of £40–£100 per invoice.

A payment deadline. Give at least 14 calendar days from the date of the letter. Be specific: "Payment must be received by [date]."

The consequence. State clearly that if payment isn't received by the deadline, you will file a Simple Procedure claim in the Sheriff Court without further notice.

What Not to Write

Don't threaten criminal proceedings — that's illegal in a debt context. Don't use language that could be construed as harassment. Don't disguise the letter as an official court document. Keep it factual, firm, and professional.

Don't promise to "take legal action" if you're not actually prepared to file. Empty threats teach the other party to ignore your letters.

How to Send It

Recorded delivery gives you a tracking record showing the letter was posted and when it was delivered (or attempted). This becomes evidence you can upload to Civil Online when filing your Form 3A.

Email is another option if it leaves a trackable record, particularly if you already have an established correspondence with the respondent.

Keep a copy of the letter, the proof of postage, and any tracking confirmation. If the respondent replies (even to dispute the amount), keep that too.

What the Letter Doesn't Do

Sending a demand letter does not stop the prescription clock. Under the Prescription and Limitation (Scotland) Act 1973, you have five years from the date the debt became enforceable to bring a claim. Only formal service of a registered claim interrupts that deadline. Negotiations, demand letters, and even filing a draft on Civil Online don't count.

If you're approaching the five-year mark, file the claim first and negotiate after — you can always settle and withdraw the claim.

After the Deadline Passes

If the 14 days pass with no payment and no reasonable settlement offer, you're ready to file. Civil Online's Section E asks specifically about your pre-action efforts, and the demand letter is the evidence that you did your part.

For a demand letter template and the full filing process that follows, see our Scotland Simple Procedure guide.

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