Letter before action generator
A letter before action sets out what a business customer owes, including statutory interest and compensation, and gives it 14 days from the date of the letter to pay before you consider court action. It is for a debt owed by a company or other business only: if the debtor is an individual or sole trader, the Pre-Action Protocol for Debt Claims applies instead.
A general template, not legal advice. Only for a debt owed by a company or other business: if the debtor is an individual or sole trader, the Pre-Action Protocol for Debt Claims applies instead, with 30 days to reply and its own Information Sheet and Reply Form. The letter gives 14 days from the date printed on it, so send it the same day you generate it. A debt more than six years overdue may be statute-barred; take advice before sending.
How this is calculated
Fill in your details and the debtor's, the invoice number and dates, and the outstanding amount, and confirm the debtor is a company or other business. The statutory interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998 are worked out on our server from the amount and due date, using the Bank of England base rate that applies to the debt, and added to a ready-to-send PDF letter. To check the figures first, use the late payment interest calculator.
The letter gives the debtor 14 days from the date printed on it to pay, and it is dated the day you generate it, so send it the same day. It is a general template, not legal advice. It is only for a debt owed by a company or other business: if the debtor is an individual or sole trader, the Pre-Action Protocol for Debt Claims applies instead, with 30 days to reply and its own Information Sheet and Reply Form. The 1998 Act still covers a sole trader's business debt, but the letter must then follow that Protocol, so this generator is not the right tool. If your contract gives you a substantial remedy for late payment, statutory interest and the fixed compensation do not apply (unless the parties agree otherwise), under sections 8 and 9 of the 1998 Act.
A debt more than six years overdue may be statute-barred: in England and Wales a claim on a contract cannot be brought more than six years after the cause of action accrued (Limitation Act 1980, section 5). Take advice before sending a letter for a debt that old.
This letter is for debts governed by the law of England and Wales. Scotland and Northern Ireland have their own rules, including different time limits, so take advice there instead.
Sources
- legislation.gov.uk: Late Payment of Commercial Debts (Interest) Act 1998
- legislation.gov.uk: Section 8, where statutory interest may be ousted or varied
- legislation.gov.uk: Section 9, meaning of substantial remedy
- gov.uk: Late commercial payments: charging interest and debt recovery
- justice.gov.uk: Practice Direction on Pre-Action Conduct and Protocols
- justice.gov.uk: Pre-Action Protocol for Debt Claims (PDF)
- legislation.gov.uk: Limitation Act 1980, section 5
This tool is an illustration, not advice. Check your figures against the sources above, or ask your accountant, before relying on them.