Small claims court and letter before action guide

Summary

Before taking someone to small claims court, you must send a letter before action (LBA) - a formal notice giving them a final chance to settle the dispute. It outlines what’s owed, the deadline to respond, and the intention to take legal action if ignored. In this guide, we break down what an LBA is, how it applies to small claims, and what you need to include to give yourself the best chance of getting paid without going to court. A letter before action (LBA) is a formal notice you send to the other party before starting a legal claim. It’s a final chance for them to settle the dispute before court proceedings begin. An LBA should clearly outline: * What the dispute is about (e.g. unpaid invoice, faulty goods, or breach of contract). * What action you want them to take (e.g. payment of a debt or a refund). * A deadline for response (typically 14 days). * The intention to take legal action if the issue is not resolved. If you are planning to use the small claims court, your letter before action should include: 1. Your details: Full name and address. 2. The recipient’s details: The name and address of the person or business you are claiming against. 3. A clear summary of the.

Key information

• •What the dispute is about (e.g. unpaid invoice, faulty goods, or breach of contract).
• •What action you want them to take (e.g. payment of a debt or a refund).
• •A deadline for response (typically 14 days).
• •The intention to take legal action if the issue is not resolved.
• •Try to resolve the issue informally: A letter before action is a legal requirement in most cases. It also gives the other party a chance to settle the matter without going to court.
• •Ensure the claim is suitable for small claims court: The small claims track is for disputes involving up to £10,000 in England and Wales.
• •Gather supporting evidence: You need to prove your case with contracts, invoices, emails, and any other relevant documents.
• •Consider mediation: Courts encourage mediation before taking legal action, as it can save time and money.
• •Copies of emails, letters, or messages exchanged.
• •Receipts, invoices, or contracts.
• •Photographic evidence if applicable (e.g., faulty goods or property damage).
• •Online: Use the Government’s Money Claim Online (MCOL) service.

Practical guidance

• •Source: [Small claims court and letter before action guide](https://lawhive.co.uk/knowledge-hub/litigation/small-claims-court-and-letter-before-action)

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