WHAT IS THE PRE-ACTION PROTOCOL?
The rules you have to follow before you sue a debtor — not optional, and easy to get wrong.
The pre-action protocol for debt claims came into force on 1 October 2017 and sets out what a creditor must do before issuing a claim against an individual or a sole trader. In short, you have to send a detailed letter of claim, an information sheet, a reply form and a financial statement form, and then give the debtor at least 30 days to respond. It sounds like paperwork — but skip a step and a judge can penalise you on costs, even if you eventually win.
We deal with this every day. Our commercial debt recovery team makes sure your first move is fully compliant, so nothing trips you up later, and we tie it straight into a properly drafted letter before action. If you'd like to read the rules yourself, the full protocol is published on Justice.gov.uk.
How we help
Compliant letter of claim
We draft a clear, accurate letter of claim that sets out the amount owed, how it built up, interest and your contact details — ticking every box the protocol requires so a judge can't fault it.
Information sheet & reply form
The protocol says certain documents must go out with your letter, including an information sheet, a reply form and a financial statement form. We attach the right versions every time.
Correct 30-day timescales
Miss the timing and the protocol bites. We diarise the 30-day response window, handle any reasonable extension and tell you the exact day you're free to issue.
Avoiding cost sanctions
Courts can penalise creditors who jump straight to court without following the protocol. We keep you on the right side of the rules so you don't lose costs you'd otherwise recover.
Handling the debtor's response
If the debtor replies, disputes the debt or asks for time to pay, we advise on your next move — including whether mediation or a payment plan is the smarter route before court.
Ready to issue if unpaid
Stays silent or won't pay? Because the groundwork is already protocol-compliant, we can issue proceedings quickly and move your claim forward without delay.
You may have a claim if…
You intend to recover a debt from an individual or sole trader
You want to issue a court claim if they don't pay
You need to comply with the pre-action protocol first
The debtor is in England or Wales
How your claim works
01
Free assessment
Tell us who owes you, how much and what's happened so far. We'll confirm the protocol applies and map out the right path — no jargon, no obligation.
02
We prepare a compliant letter of claim
We draft and send your letter of claim with the required information sheet, reply form and financial statement form, all fully protocol-compliant.
03
The debtor's 30-day window
The debtor gets at least 30 days to respond. We monitor the deadline, deal with any reply or request for time, and keep you updated throughout.
04
Issue proceedings if unpaid
If the debt stays unpaid and undisputed, we issue court proceedings promptly — confident the pre-action steps are watertight.
Pre-action protocol FAQs
What is the Pre-Action Protocol for Debt Claims?+
It's a set of rules, in force since 1 October 2017, that a creditor must follow before issuing a court claim to recover a debt. It requires you to send a detailed letter of claim with an information sheet, reply form and financial statement form, and to give the debtor at least 30 days to respond before going to court.
Who does it apply to?+
It applies where a business is claiming payment of a debt from an individual, and that includes sole traders. It doesn't apply to debts owed between two businesses (for example, a limited company chasing another limited company), though good practice still expects a sensible exchange before issuing.
What happens if I skip it?+
The court can impose costs sanctions — for example, refusing some of your costs or interest — and may stay (pause) your claim until you've complied. Even if you win, non-compliance can cost you money and delay payment, so it's rarely worth the risk.
How long must I give the debtor?+
At least 30 days to respond to the letter of claim. If the debtor returns the reply form indicating they're getting advice, you should usually allow reasonable extra time before issuing. We track all of this for you so you issue at the right moment.
What must the letter of claim include?+
It must set out the amount of the debt, whether interest or other charges are continuing, and how the debt arose (or where the agreement can be found). It should include up-to-date contact details, an address for the reply form, and the required information sheet, reply form and financial statement form.
What if the debt is disputed?+
If the debtor disputes all or part of the debt, you shouldn't rush to court. The protocol expects both sides to try to resolve things — by exchanging information and considering alternative dispute resolution such as mediation. We'll advise whether to negotiate, mediate or proceed to issue.
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