Letter Before Action Small Claims: How to Write One for England and Wales
Why You Can't Skip the Letter
Judges in England and Wales expect you to have given the other side a proper chance to settle before filing. The Civil Procedure Rules require pre-action steps, and a claim issued without them risks cost sanctions — even on the small claims track where costs are normally capped.
There are two frameworks. Which one applies depends on who's claiming from whom.
PDPAC vs PAPD: Which Protocol Applies
Practice Direction on Pre-Action Conduct and Protocols (PDPAC) covers most claims: consumer vs business, business vs business (between limited companies), and disputes between private individuals. You send a "Letter Before Action" giving the other side a reasonable response window — 14 days for a straightforward dispute, up to 28 days for something complex.
The Pre-Action Protocol for Debt Claims (PAPD) kicks in when a business or sole trader is claiming a monetary debt from an individual. It's stricter. The Letter of Claim must include a statement of account, the standard PAPD Information Sheet, a Reply Form, and a Financial Statement. The response window is 30 calendar days, and if the debtor asks for documents or says they're seeking debt advice, you must allow a further 30 days. You also need to give 14 days' written notice before actually issuing proceedings.
Getting the protocol wrong doesn't invalidate your claim, but the judge may penalise you in costs or stay the proceedings until you've complied.
What Your Letter Must Include
Regardless of which protocol applies, include these elements:
- Your full name and address — exactly as they'll appear on the claim form
- The defendant's full legal name — if they're a limited company, use the registered name from Companies House
- A clear statement of the facts — what was agreed, what went wrong, when
- The exact amount claimed — principal debt, plus interest if applicable, plus any statutory compensation
- The legal basis — breach of contract, unpaid invoice under the Late Payment Act, return of a deposit, Consumer Rights Act 2015
- How interest is calculated — state the statutory basis (Section 69 County Courts Act 1984 at 8% per annum, or Late Payment of Commercial Debts Act at 8% above Bank of England base rate)
- A clear deadline — 14–28 days (PDPAC, depending on complexity) or 30 days (PAPD) from the date of the letter
- A statement that you'll issue court proceedings if they don't respond or pay by the deadline
For a PAPD Letter of Claim, send it by post on the date shown and keep a copy with proof of postage. If you also email it, keep a copy of both versions. For a PDPAC letter, keep a copy and a record of when it was sent.
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After You Send It
If the other side pays within the deadline, you're done. If they dispute the amount, try to negotiate in writing — the judge will see this correspondence and want evidence that both sides acted reasonably.
If the deadline passes with no response and no payment, a litigant in person can file through Online Civil Money Claims or on paper Form N1 to the Civil National Business Centre in Northampton; legal representatives must use OCMC for eligible claims.
Don't file on day 15 (or day 31 under PAPD) just because you can — give postal delays a few extra days. A judge won't fault you for being generous with time; they might raise an eyebrow if you raced to court.
The Making a County Court Money Claim guide includes a pre-action letter tracker and a template checklist so you don't miss a required element before sending.
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