How to Write a Letter Before Action in the UK (CPR Pre-Action Protocol & Practice Direction 7A)
A Letter Before Action is the formal pre-court demand every civil claim in England and Wales must send before issuing County Court proceedings. The right Pre-Action Protocol citation — and the right response window — depend on the dispute type. This guide shows you the table the courts use, then walks you through formatting the letter itself.
Mandatory before issue: Practice Direction 7A paragraph 4 requires parties to exchange Pre-Action correspondence before issuing a claim. The specific Pre-Action Protocols for Debt Claims, Housing Conditions, Possession, and Construction are mandatory in those categories. Non-compliance can lead to a stay of proceedings or costs sanctions, even where the underlying claim is strong.
What the Law Says
Civil Procedure Rules Part 7, Practice Direction 7A — Pre-Action Conduct and Protocols
Practice Direction 7A sets out the general standard of pre-action conduct applicable to every civil dispute in England and Wales. Paragraph 4 requires prospective claimants to set out the nature of the dispute, the amount in issue, the factual basis, and the remedy sought, and to allow a "reasonable period" for a response (usually 14–30 days) before proceedings may be issued. The Court will normally expect to see the LBA at the case management stage and will impose costs sanctions under CPR Part 7 PD 7A paragraph 4 for non-compliance.
Civil Procedure Rules Part 7, Practice Direction 16 — Statements of Case
Practice Direction 16 supplements Practice Direction 7A by requiring the particulars of any claim to be sufficiently detailed to enable the defendant to understand the case to be met. Where a Letter Before Action omits the essential elements required by PD 16 (claimant's identity, defendant's identity, factual matrix, amount claimed, and remedy sought), the Court may treat the LBA as ineffective compliance with PD 7A. The combination of Practice Direction 7A and Practice Direction 16 is the framework within which any non-Protocol civil LBA is judged.
Sector-specific Pre-Action Protocols
For specific categories of dispute the Civil Procedure Rules prescribe a dedicated Pre-Action Protocol with its own response window and minimum content. The four most frequently used are: (a) the Pre-Action Protocol for Debt Claims (Section III, CPR PD 7A — 30 days to respond); (b) the Pre-Action Protocol for Housing Conditions Claims (Section IV, CPR PD 7A — 20 working days); (c) the Pre-Action Protocol for Possession Claims (Section V, CPR PD 7A — varies by claim type); and (d) the Pre-Action Protocol for Construction and Engineering Disputes. These Protocols are mandatory in their respective categories.
The mechanism is straightforward. Identify your dispute type on the Protocol table below; cite the right Protocol in the subject line of the letter; allow the Protocol window (or 14–30 days for non-Protocol claims) to run; if there is no substantive response, issue County Court proceedings via Money Claims Online (for claims under £100,000) or via the County Court Money Claims Centre. The Protocol citation is the entire statutory hook — it is what the Court looks at first when assessing costs on issue.
Practice Direction 7A is not optional in practice. Issued proceedings in breach of the Protocol are routinely met with a stay of proceedings pending Protocol compliance, with the claimant bearing the costs of the wasted work. Many unrepresented defendants who have ignored a properly drafted LBA are nonetheless penalised on costs because their failure to engage is itself a Protocol breach by the defendant.
Pre-Action Protocol Lookup Table
Use the table below to identify which Pre-Action Protocol your dispute falls under. The Protocol named in column 2 is what must be cited in the subject line of your Letter Before Action. Column 3 gives the modelled response window you need to insert in the letter so the deadline is provable. Column 4 names the statutory hook.
| Dispute type | Protocol / Practice Direction | Modelled response window | Statutory hook |
|---|---|---|---|
| Money / debt owed to me (business or individual) | Pre-Action Protocol for Debt Claims | 30 days | Section III, CPR PD 7A |
| Landlord has failed to repair the property I rent | Pre-Action Protocol for Housing Conditions Claims | 20 working days | Section IV, CPR PD 7A |
| Landlord seeking possession of a residential property | Pre-Action Protocol for Possession Claims | Varies by ground | Section V, CPR PD 7A |
| Construction or engineering contract dispute | Pre-Action Protocol for Construction and Engineering Disputes | Varies | Pre-Action Protocol |
| Anything else (consumer contract, professional negligence, etc.) | Practice Direction 7A (general conduct) + Practice Direction 16 (Statements of Case) | Reasonable (14–30 days) | CPR Part 7 / PD 16 |
When You Need a Letter Before Action
A Letter Before Action is required in the following situations:
- Before any County Court claim. Practice Direction 7A paragraph 4 requires parties to exchange pre-action correspondence. Failure to comply engages the Court's costs sanction powers and may result in a stay of proceedings.
- For all debt claims. The Pre-Action Protocol for Debt Claims (Section III, CPR PD 7A) mandates a Letter of Claim setting out the amount, the basis, and a 30-day response window, before any Money Claims Online claim is issued.
- For all housing disrepair claims. The Pre-Action Protocol for Housing Conditions Claims (Section IV, CPR PD 7A) requires a Schedule of Disrepair and a Schedule of Loss, and gives the landlord 20 working days to respond.
- For possession claims based on rent arrears or breach of tenancy. The Pre-Action Protocol for Possession Claims (Section V, CPR PD 7A) requires a pre-action notice on a court-prescribed form along with supporting evidence.
- For construction and engineering disputes. The Pre-Action Protocol for Construction and Engineering Disputes imposes a layered pre-action exchange including a statement of case, a response, and meetings of experts.
- For any claim under £100,000 issued via Money Claims Online (MCOL). MCOL itself will check that an LBA has been sent and reserves the Court's power to impose costs sanctions in default of compliance.
What Your Letter Must Include
Letter Before Action Checklist (CPR PD 7A & PD 16)
- The date the letter is sent (this starts the Protocol response clock)
- Your full name and postal address (sender block, top right)
- The full name and postal address of the proposed defendant (recipient block, top left below date)
- A clear subject line identifying the dispute and citing the applicable Pre-Action Protocol or Practice Direction
- Opening identification of yourself and confirmation that the letter is a Letter Before Action under CPR PD 7A
- A factual summary of the dispute (who, what, when, where, what was said/done) — in enough detail to satisfy Practice Direction 16
- The legal basis of the claim (cite the Protocol and any underlying statute — e.g. Late Payment of Commercial Debts (Interest) Act 1998; Consumer Rights Act 2015; Landlord and Tenant Act 1985 s.11)
- The amount in issue and (where required) a Schedule of Loss
- Copies of the key documents relied upon (contracts, invoices, correspondence) listed in a schedule
- An explicit statement of the remedy sought (payment of £X / performance of repair Y / vacation of premises by date Z)
- The Protocol response window (30 days / 20 working days / reasonable period) stated on the face of the letter, with the corresponding deadline date
- A statement of intent: that proceedings will be issued in the County Court without further notice if no substantive response is received by the deadline
- Signed by you, with printed name, position (if acting in a representative capacity), and date
- Sent by Royal Mail Signed For AND by email with read receipt (so the Protocol clock is provable)
Use the form below to generate a Letter Before Action with the correct Pre-Action Protocol citation auto-selected for your dispute type. The letter complies with Practice Direction 7A and Practice Direction 16, and is downloadable as an HTML file you can print, email, or sign.
Generate Your Letter BelowTakes 60 seconds. No account needed.
Key tip: the Protocol name must appear in the subject line of the letter (e.g. "Letter Before Action — Money Claim under the Pre-Action Protocol for Debt Claims"). The Court will scan the subject line first when assessing Protocol compliance, and an LBA that omits the Protocol citation is the single most common reason for costs sanctions. Also keep the Schedule of Loss as a separate, itemised attachment — courts look poorly on LBAs that bundle the schedule into the body of the letter, because the body should focus on facts and law.
What Happens If The Defendant Ignores It
If your Letter Before Action goes unanswered within the Protocol response window, or elicits only an inadequate response, you have a clear escalation route:
Confirm the Protocol response window has expired
The window runs from the date of receipt (not the date of sending). If you sent by Royal Mail Signed For AND email, the date of receipt is provable from the Royal Mail tracking and the email read receipt. If neither was obtained, the Court will normally look at the date the letter would reasonably have been expected to arrive (2 working days after posting for UK addresses).
Send a single chase letter (optional but recommended)
A 7-day chase that re-states the Protocol window and confirms that proceedings will be issued if no response is received gives the Court a clear "final opportunity" record and supports a costs application later. Do not enter into substantive negotiation at this stage; the value of the LBA is the clear record of the Protocol breach.
Issue County Court proceedings
For claims under £100,000 the most efficient route is Money Claims Online at moneyclaims.service.gov.uk. For claims under £10,000 the small claims track is used and solicitors are not normally required. For claims over £100,000 the claim must be issued via the County Court Money Claims Centre using the N1 claim form. Court fees are recoverable from the defendant on judgment.
Important: the Protocol compliance window is also relevant to costs. If you issue proceedings without an LBA, the Court may impose a costs sanction even where you win the underlying claim. Conversely, where the defendant has ignored a properly drafted LBA citing the right Protocol, the defendant is exposed to a costs sanction at the end of the case — in particular, indemnity basis costs from the date the Protocol window expired. This is the lever most often missed by unrepresented claimants.
Generate Your Letter Before Action
Fill in the form below to generate a Letter Before Action with the correct Pre-Action Protocol citation auto-selected for your dispute type. The letter is downloadable as a personalised HTML file and an email-gated free template is also available at the bottom of the page.
Pick the dispute type first — this determines the Protocol citation and the modelled response window. The form auto-inserts the right Pre-Action Protocol reference into the letter, plus either your chosen deadline or the Protocol's default window.
How it works
Pick your dispute type
The dispute type selects the correct Pre-Action Protocol — Debt Claims, Housing Conditions, Possession, Construction, or Practice Direction 7A general.
Fill in the form
Counterparty, amount, and response deadline. The form formats the letter, calculates the deadline date, and inserts the Protocol citation.
Download and send
Download the personalised HTML, print or save as PDF, and send by Royal Mail Signed For AND email with read receipt.
Need professional help?
Speak to a solicitor specialising in civil litigation
If your claim is over £10,000, involves a complex Protocol (construction/engineering/Possession), or you are responding to a Defendant's LBA, we can connect you with a solicitor who specialises in County Court civil litigation and Money Claims Online procedure.
Get matched with a solicitor → Free initial assessment📥 Download your free UK Letter Before Action template
Enter your email to get a free, editable Letter Before Action template that complies with Practice Direction 7A and Practice Direction 16, and is pre-formatted for the four most common dispute types (Debt, Housing, Possession, Construction, and general).
Free download · No spam · Unsubscribe anytime.
Get your Letter Before Action now
Professional, Practice Direction 7A & Practice Direction 16 compliant Letter Before Action — with the right Pre-Action Protocol citation auto-selected by dispute type and a modelled response window. Personalised to your situation. Ready to send in minutes.
Write Your Letter — £2.99Takes 60 seconds. No account needed.
Frequently Asked Questions
Common questions about Letters Before Action in England and Wales, the CPR Pre-Action Protocols, the response windows for each Protocol, and what happens if the proposed defendant ignores the letter.
What is a Letter Before Action and when do I need one?
A Letter Before Action is a formal written demand sent to the proposed defendant before any County Court claim is issued. It is required by Practice Direction 7A of the Civil Procedure Rules (Pre-Action Conduct and Protocols) and, depending on the dispute type, by one of the specific Pre-Action Protocols — for example the Pre-Action Protocol for Debt Claims (30 days to respond) or the Pre-Action Protocol for Housing Conditions Claims (20 working days). The LBA sets out the claim, attaches the Schedule of Loss where applicable, identifies the relevant Protocol, and gives the defendant the Protocol window to respond. Issuing proceedings without sending the LBA first can lead to costs sanctions.
How long does the defendant have to respond?
It depends on the Protocol. The Pre-Action Protocol for Debt Claims (Section III CPR PD 7A) gives the debtor 30 days. The Pre-Action Protocol for Housing Conditions Claims (Section IV CPR PD 7A) gives the landlord 20 working days. The Pre-Action Protocol for Possession Claims (Section V CPR PD 7A) varies by ground. The Pre-Action Protocol for Construction and Engineering Disputes sets out its own timetable. For disputes that do not fall under any specific Protocol — governed by Practice Direction 7A in its general form and Practice Direction 16 (Statements of Case) — a reasonable period of 14–30 days is appropriate.
Can I issue proceedings without sending an LBA?
Technically yes, but practically no. The Court has power under Practice Direction 7A paragraph 4 to impose costs sanctions and to stay proceedings until the Protocol is complied with. Where the claimant has not sent a proper LBA citing the right Protocol, the Court will routinely order the claimant to pay the defendant's costs of the wasted work, even where the claimant ultimately wins the case. Most unrepresented claimants who skip the LBA end up paying 25–50% more in costs than they would have done.
Which Pre-Action Protocol applies to a debt claim?
The Pre-Action Protocol for Debt Claims (Section III of CPR PD 7A). This applies to any business-to-business or business-to-individual claim for a liquidated (fixed) sum of money. The Protocol requires a Letter of Claim setting out the amount, the contractual or statutory basis, copies of invoices, and proof of the debt, and gives the debtor 30 days to respond. Claims under £100,000 issued via Money Claims Online (MCOL) are governed by this Protocol. Claims over £100,000 use the same Protocol substantively but are issued at the County Court Money Claims Centre.
What is a Schedule of Loss and when do I need one?
A Schedule of Loss is a separate, itemised document attached to the Letter Before Action that quantifies the damages or compensation claimed. The Pre-Action Protocol for Housing Conditions Claims (Section IV CPR PD 7A) and the Pre-Action Protocol for Construction and Engineering Disputes both require a Schedule of Loss with the LBA. For simple debt claims under the Pre-Action Protocol for Debt Claims a Schedule of Loss is often the invoice itself. For non-Protocol claims under Practice Direction 7A + Practice Direction 16, a Schedule of Loss is best practice where the claim is for unliquidated damages.
What happens if the defendant ignores my letter?
Once the Protocol response window has expired without a substantive response (or with an inadequate response), you may issue County Court proceedings. For claims under £100,000 issue via Money Claims Online at moneyclaims.service.gov.uk. For claims under £10,000 the small claims track is used and you do not normally need a solicitor. The fact that the defendant ignored a properly drafted LBA is itself evidence of a Protocol breach and supports a costs application in your favour at the end of the case.