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If payment remains outstanding after reminders, creditors often need to escalate the matter. Issuing a Letter Before Action (LBA) is a key step in the debt recovery process.
A Letter Before Action is not just another payment request. It officially tells the debtor that you plan to take legal action if the debt is not paid. Used correctly, it can help you recover money without going to court.
What Is a Letter Before Action?
A Letter Before Action is a formal written demand sent to a debtor before court proceedings begin. It provides a final opportunity to pay the outstanding balance or respond within a specified timeframe.
In the UK, you must send a Letter Before Action under the Civil Procedure Rules and Pre-Action Protocols. Courts expect both sides to try to resolve the issue before making a claim. If you skip this step, you could face delays, extra costs, or problems with your claim.
What Should a Letter Before Action Include?
To meet UK rules, a Letter Before Action should clearly include:
- The amount owed, including any interest or charges (where contractually or legally permitted)
- The reason for the debt, such as unpaid invoices, services provided, or loan agreements
- Relevant dates, including when payment was due
- Details of any previous attempts to recover the debt
- A clear statement that legal action may be taken if payment is not made
- A deadline for response or payment, usually 14 days for businesses and up to 30 days for individuals
- Instructions on how the debtor can pay, dispute, or respond
Keep your letter professional and stick to the facts. Using aggressive or misleading language can hurt your case and may break UK debt collection rules.
When Should You Send a Letter Before Action?
Send a Letter Before Action after reasonable attempts to recover the debt have failed, but before starting court action. This usually follows:
- Issued invoices or payment requests
- One or more reminder letters or emails
- Attempts to contact the debtor to resolve the issue amicably
This is usually the last step before taking legal action. Getting an LBA often leads to payment because it shows the debtor you are serious and may take the matter to court.
How Long Should You Give the Debtor to Respond?
How long you give the debtor to respond depends on who they are:
- Businesses are usually given at least 14 days.
- Individuals or sole traders should be given up to 30 days, in line with consumer pre-action guidance.
During this period, the debtor may pay, propose a repayment plan, or dispute the debt. Ignoring reasonable responses or refusing to engage may reflect poorly on you if the case proceeds to court.
Is a Letter Before Action Legally Required?
Although not every case requires a Letter Before Action by law, courts in England and Wales expect compliance with pre-action conduct. If you do not send one, you could find:
- Court proceedings are being paused.
- Additional costs are being disallowed.
- Judicial criticism for unreasonable behaviour
Sending a proper LBA helps protect your case and strengthens your claim.
Can a Letter Before Action Recover Debt Without Court?
Yes. In many cases, a clear, well-written Letter Before Action is enough to secure payment. Debtors often pay when they see that the matter is serious and could lead to court or enforcement.
This is why an LBA is one of the most cost-effective ways to recover debt.
Getting It Right Matters
If your Letter Before Action is poorly written or does not follow the rules, it can hurt your case. Mistakes, missing details, or unfair deadlines could be used against you later.
A professional debt recovery service like My Debt Recovery can ensure your Letter Before Action is correct, compliant with the rules, and effective. This gives you the best chance to get your money back quickly.