Confirm the correct route
Different pre-action rules can apply depending on the parties and type of claim. The general Practice Direction on Pre-Action Conduct may apply where no specific protocol governs the dispute.
The Pre-Action Protocol for Debt Claims specifically concerns a business claiming payment from an individual, including a sole trader. A straightforward company-to-company invoice claim may follow a different route.
Set out the claim factually
Identify the parties, agreement, invoice, supplied work or goods, due date and amount claimed. Explain any interest or costs separately and state how the recipient can pay or raise a dispute.
- Correct legal names and addresses
- Contract, quote or order reference
- Invoice number, amount and due date
- A clear explanation of the claim
- Copies of the key supporting documents
- A reasonable response date
Allow a genuine opportunity to respond
Pre-action conduct is intended to help parties understand the issues, exchange information and consider settlement. Avoid wording that falsely claims a judgment is inevitable or that court action has already started.
Keep proof of what happened
Save the final signed letter, attachments, date sent, delivery evidence and every reply. If the dispute continues, that record helps you or an adviser understand whether more information, negotiation or an official claim is appropriate.