Letter before claim: disputed debt claim

by Practical Law Dispute Resolution

An example of a letter before claim in respect of a disputed debt in England and Wales, with integrated drafting notes. This letter is intended to be used before issuing a claim to recover a disputed debt from a potential defendant, where none of the specific pre-action protocols apply, including the Pre-action Protocol for Debt Claims (Protocol) in force as of 1 October 2017. The wording of this example letter accords with the Practice Direction on Pre-action Conduct and Protocols (Pre-action PD).(For an example letter that can be used by a business (including sole traders and public bodies) claiming payment of a debt from an individual (including a sole trader), see Standard document, Letter before claim: debt claim (under the Pre-Action Protocol for Debt Claims).) This example includes integrated drafting notes that explain how to structure the letter, detail the claim, and manage the exchange of key documents. The notes offer guidance on crucial pre-litigation steps, including Alternative Dispute Resolution (ADR), the potential instruction of experts and navigating the extended fixed recoverable costs regime and the intermediate track and address the implications of Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 for ADR.