What Should You Do If You Receive a Letter Before Claim?

What Is a Letter Before Claim?

A letter before claim (sometimes called a letter before action) is a formal notification that someone intends to start court proceedings if a dispute is not resolved. It usually sets out the basis of the claim, the amount being sought (if financial) and a deadline for response.

Under the Civil Procedure Rules, parties are expected to try to resolve disputes before issuing court proceedings. This is known as the pre-action protocol. Ignoring a letter before claim can lead to legal action being started against you and may affect the court’s view of your conduct later on.

Step 1: Do Not Ignore It

The most common mistake people make is putting the letter aside and hoping it will go away. It rarely does.

If you fail to respond within the deadline provided, the other party may issue court proceedings. In some cases, this can lead to a default judgment if proceedings are issued and no defence is filed in time.

Even if you strongly disagree with the allegations, it is important not to ignore it.

Step 2: Check the Deadline Carefully

The first practical step is to note the response deadline. If you need more time to obtain legal advice, this can often be requested but it should be done promptly and in writing.

Step 3: Review the Details Thoroughly

You should then carefully review the contents of the letter. Consider whether the facts are accurate, whether any documents are referred to and whether the amount claimed appears correct. Take time to gather all relevant paperwork, including contracts, invoices, emails and previous correspondence.

Having a clear picture of the background is essential.

Step 4: Seek Legal Advice Early

It is always advisable to obtain legal advice before sending a substantive response. What you say at this stage can have lasting consequences.

Early advice can help you understand the strength of the claim, identify possible defences and avoid making admissions that could later be used against you. In many cases, a carefully drafted response can open the door to negotiation and prevent the matter from escalating to court proceedings.

Step 5: Prepare a Clear and Measured Response

Instead of drafting a reply yourself, gather all relevant information and documents related to the letter before claim and provide them to your solicitor. This includes a clear account of the situation, any evidence you have and copies of any correspondence.

Your solicitor can then prepare a professional, measured response on your behalf. Trying to respond directly, especially in an emotional or reactive way, can inadvertently weaken your position. By giving your solicitor the full details, you ensure that your response is accurate, complete and strategically sound.

Step 6: Keep Records of Everything

Maintain a file containing:

· The original letter

· Proof of delivery

· Your response

· All related correspondence

· Notes of any discussions

Accurate record keeping is essential if the matter progresses further.

Can a Letter Before Claim Be Resolved Without Court?

Yes. Many disputes are resolved at the pre-action stage through negotiation, settlement discussions or alternative dispute resolution. Responding constructively demonstrates that you are engaging with the process and can reduce the risk of unnecessary legal costs.

Need Advice on a Letter Before Claim?

If you have received a letter before claim and are unsure how to respond, early advice can make a significant difference.

Garden House Solicitors support individuals and businesses across Hertfordshire with clear, practical legal guidance tailored to your circumstances. Contact us today on 01992 422 128 or by email to info@ghsolicitors.co.uk to discuss your situation in confidence.