Letters Before Action

What is a letter before action?

A letter before action is a request for compliance with a contract, for example payment of an outstanding debt. It is a final attempt to settle a matter before going to court. A letter before action advises the debtor or person in breach of contract that legal action will be taken should they not comply by the deadline for payment.

Can a letter before action be sent by email?

A letter before action can be sent by email or post.

What should a letter before action contain?

A letter before action should contain the following: claimant’s name and address, a summary of the facts of the case, the reason for the proposed action, what is required of the other party, calculations of any amount owed plus interest, the date by which compliance is required and notice that failure to comply will result in court proceedings.

Why send a letter before action?

A letter before action gives the other party a final chance. Often the threat of court proceedings is enough to elicit compliance. Mediation can be offered and this can also be effective in avoiding legal action. The letter should clearly set out the details of the matter and can be put before the court as part of the case.

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