Before you can take an unpaid invoice to the County Court, the court expects you to follow the Pre-Action Protocol for Debt Claims. Here is what that means in plain English.
The protocol asks you to give the debtor clear written details of the debt and a fair chance to respond before issuing a claim — a Letter Before Action does this. Allow around 14 days for a company debtor and 30 days for a sole trader or individual.
The protocol is about fairness and clarity: the debtor should understand exactly what is owed and how to deal with it before a claim is issued.
A compliant Letter Before Action sets out the amount owed and how it is calculated, what the debt is for, any interest or compensation being claimed, how and by when to pay, and what will happen if the debtor does not respond. It should give a reasonable response window — commonly 14 days for a company and 30 days for a sole trader or individual.
Following the protocol matters twice over. First, it is more likely to get you paid without the cost and time of a claim. Second, if the matter does reach the County Court, the judge expects the protocol to have been followed, and a failure to do so can affect costs or the timetable.
RobinReturn's solicitor-drafted Letter Before Action populates these details from your case, and the workflow tracks the response window for you. RobinReturn is not a law firm and does not give legal advice.
Read more about the Letter Before Action or see how the small-claims route works.
It is the set of steps the court expects a creditor to follow before issuing a County Court debt claim — chiefly giving the debtor clear written information about the debt and a fair chance to respond or pay.
A Letter Before Action should give the debtor a reasonable deadline to respond before a claim is issued — commonly 14 days for a company and 30 days for a sole trader or individual debtor.
Broadly: the amount owed and how it is made up, what the debt relates to, any interest or charges being claimed, how to pay, and a clear date by which to respond. RobinReturn's solicitor-drafted template populates these from your case.
If a claim reaches court, a failure to follow the protocol can affect how the court treats costs or the timetable. Following it first is also simply more likely to get you paid without a claim.
Start with a reminder, then a solicitor-drafted Letter Before Action that follows the protocol.