Letter Before Action: Consumer Dispute (2026 Guide)

A Letter Before Action (sometimes called a Letter Before Claim) is a formal written notice sent to a business before you issue court proceedings. It gives the business a final opportunity to resolve the dispute — whether that involves a refund, a repair, a replacement, or compensation — without the cost and delay of litigation. In consumer disputes, sending this letter is not merely good practice. It is a requirement under the Pre-Action Protocol for Debt Claims 2017 and the general pre-action conduct practice direction in the Civil Procedure Rules. If you skip this step, the court may penalise you on costs or refuse to hear your claim until you have complied. This guide explains exactly what the letter must contain, when to send it, and what happens next.

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When Do You Need a Letter Before Action (Consumer)?

You need to send a Letter Before Action when you have a dispute with a business as a consumer and all of the following apply:

• You have purchased goods, services, or digital content from a business and the product or service has fallen below the standard required by law.
• You have already complained to the business and either received no response, an inadequate response, or a refusal to remedy the problem.
• You are seriously considering issuing court proceedings — the Letter Before Action is the final formal step before you file a claim, typically using Form N1 or the Online Civil Money Claims portal.
• The dispute involves a sum of money or a remedy that you can quantify — for example, a refund of the purchase price, the cost of a replacement, or compensation for consequential losses.

The letter is required under the Pre-Action Protocol for Debt Claims 2017 where the claim is for a debt or liquidated sum. Even where the protocol does not strictly apply (for example, where you are claiming unliquidated damages for a defective service), paragraph 3 of the Practice Direction on Pre-Action Conduct and Protocols still requires you to write to the other party setting out the details of your claim before issuing proceedings.

You do not need this letter if you are pursuing a complaint through an ombudsman or alternative dispute resolution scheme and do not intend to go to court. But if court is on the table, the letter must come first.

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What a Letter Before Action Involves

A Letter Before Action in a consumer dispute is a structured, formal letter that sets out the following:

• Who you are and your relationship to the business (customer, account holder, subscriber).
• What you bought — the specific goods, services, or digital content, with dates, order numbers, and amounts paid.
• What went wrong — the precise nature of the defect, breach, or failure. This is where you explain what the business did (or failed to do) that gives rise to your complaint.
• The legal basis for your claim — in most consumer disputes, this will be the Consumer Rights Act 2015. For goods, the relevant rights are set out in sections 9 to 17. For services, sections 49 to 53. For digital content, sections 33 to 46.
• What you want the business to do — the specific remedy you are seeking, whether that is a full refund, a partial refund, a repair, a replacement, or compensation.
• A deadline for response — 14 days is standard under the Pre-Action Protocol for Debt Claims. If you are following the general pre-action conduct practice direction, 14 days is also considered reasonable for most consumer disputes.
• A clear statement that you will issue court proceedings if the matter is not resolved within the deadline.

The letter must be sent to the correct legal entity. If the business is a limited company, address the letter to the registered office (you can find this on Companies House). If you send it to the wrong address, the business may argue it never received it, and the court may find you have not complied with the protocol.

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How to Write a Letter Before Action (Consumer): Step by Step

1. Identify the Correct Defendant

Before you write a word, confirm exactly who you are writing to. Check your receipt, invoice, or contract. If the seller is a limited company, search Companies House for the registered name and registered office address. If you bought through a marketplace, the seller may be a third party rather than the platform itself — read the terms carefully.

Getting the defendant’s name wrong is one of the most common mistakes. If you later issue proceedings against the wrong entity, you may have to amend your claim (which costs time and money) or start again entirely.

2. Set Out the Facts in Chronological Order

Begin the substance of the letter with a clear, dated account of what happened. Start with the date of purchase, then describe the product or service, then explain what went wrong and when you first noticed the problem.

For example: on 3 January 2026, you purchased a washing machine from the business for £549.99. The machine was delivered on 10 January 2026. On 15 February 2026, the drum bearing failed and the machine became unusable. You reported this to the business on 16 February 2026 and were told no refund or replacement would be provided.

Be specific. Avoid vague language. The court will eventually read this letter if the claim proceeds, and a well-structured chronology demonstrates that you have conducted yourself properly.

3. State the Legal Basis

For goods, the Consumer Rights Act 2015 section 9 requires that goods be of satisfactory quality. Section 10 requires that goods be fit for a particular purpose. Section 11 requires that goods match the description given. If the goods fail to meet any of these standards, you have a right to reject them (within 30 days under section 22), or to request a repair or replacement (under section 23), or to claim a price reduction or final right to reject (under section 24).

For services, section 49 requires that the service be performed with reasonable care and skill. Section 52 requires that it be performed within a reasonable time (if no time was agreed). Section 50 requires that information provided by the trader that the consumer relies on is binding.

For digital content, section 34 requires that digital content be of satisfactory quality, section 35 requires fitness for purpose, and section 36 requires that it matches its description.

State which section applies to your situation. You do not need to quote the full text of the statute, but you must identify the specific right that has been breached.

4. State the Remedy You Are Seeking

Be precise about what you want. If you want a full refund of £549.99, say so. If you also want compensation for consequential losses (for example, the cost of using a laundrette while the machine was broken), itemise those losses separately.

Under the Consumer Rights Act 2015, the short-term right to reject (within 30 days) entitles you to a full refund. After 30 days, you must generally give the trader one opportunity to repair or replace before claiming a price reduction or exercising the final right to reject. The remedy you request in the letter should reflect where you are in this statutory framework.

5. Set a Deadline of 14 Days

State clearly that the business has 14 days from the date of the letter to respond. The Pre-Action Protocol for Debt Claims 2017 specifies this as the standard response period. If the claim is complex and the business needs more time, they should write to you within that 14 days to explain why and propose a reasonable extension.

Do not set a deadline shorter than 14 days. The court will view this unfavourably and may find that you have not complied with the protocol.

6. State the Consequence of Non-Response

Include a clear sentence stating that if you do not receive a satisfactory response within 14 days, you intend to issue proceedings in the county court without further notice. This is not a threat — it is a factual statement of what will happen, and it is required by the protocol.

7. Include Your Contact Details and Preferred Method of Response

Provide your full name, address, email address, and telephone number. State whether you prefer a written response by post or by email. If you have a case reference number, complaint number, or order number, include it prominently so the business can locate your file quickly.

8. Send the Letter by Recorded Delivery

Always send the letter by Royal Mail Signed For (recorded delivery) to the business’s registered office or principal address. Keep the proof of posting and the tracking confirmation. If the claim goes to court, you may need to prove that the letter was sent and delivered.

You may also send a copy by email, but this should be in addition to the posted letter, not instead of it.

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Key Deadlines

Event	Time Limit	Source
Short-term right to reject goods	30 days from delivery	Consumer Rights Act 2015, s.22
Response deadline for Letter Before Action	14 days from date of letter	Pre-Action Protocol for Debt Claims 2017
Limitation period for breach of contract	6 years from date of breach	Limitation Act 1980, s.5
Limitation period for personal injury element	3 years from date of injury or knowledge	Limitation Act 1980, s.11
Court issue after LBA deadline passes	Any time within limitation period	CPR Part 7

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What Happens After You Send the Letter

Once you send the Letter Before Action, one of three things will happen:

The business responds and offers a resolution. If the offer is acceptable, you can settle the matter without going to court. Get any agreement in writing. If the business offers a partial remedy (for example, a repair rather than a refund), you must consider whether this is reasonable under the Consumer Rights Act 2015 before accepting or rejecting it.

The business responds but disputes your claim. If the business denies liability or makes an offer you consider inadequate, you now have the information you need to decide whether to proceed to court. You should consider whether alternative dispute resolution (ADR) — such as mediation or an ombudsman — might resolve the matter before you issue a claim.

The business does not respond at all. If 14 days pass with no response, you are entitled to issue proceedings. The court will note that you complied with the pre-action protocol and the business did not engage. This is a significant point in your favour on the question of costs.

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Common Mistakes to Avoid

1. Sending the letter to the wrong address. If the business is a limited company, the letter must go to the registered office. A letter sent to a retail branch or a general enquiries email may not constitute valid service under the protocol.

2. Failing to specify the remedy. A letter that says “I want this sorted out” is not a Letter Before Action. You must state the specific sum or remedy you are seeking.

3. Setting an unreasonable deadline. Anything less than 14 days is likely to be criticised by the court. Stick to the standard period.
4. Not keeping evidence of posting. If the business denies receiving the letter, you need proof of posting. Always use Signed For delivery and retain the receipt.
5. Exaggerating the claim. Only claim for losses you have actually suffered and can evidence. Inflating a claim damages your credibility with the court and may result in an adverse costs order.
6. Issuing proceedings too early. If you file a claim before the 14-day deadline has expired, the court may stay the proceedings and order you to comply with the protocol first. This wastes time and money.
7. Forgetting to mention ADR. The pre-action conduct practice direction requires parties to consider ADR before issuing proceedings. Mention in your letter that you are willing to engage in mediation or another ADR process if appropriate.
8. Using aggressive or threatening language. The letter is a formal legal document. Keep the tone professional and factual. Courts do not look kindly on abusive correspondence.

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The Rules That Apply

The following legislation and procedural rules govern Letters Before Action in consumer disputes:

• Consumer Rights Act 2015 — the primary statute governing consumer rights in relation to goods (Part 1, Chapter 2), digital content (Part 1, Chapter 3), and services (Part 1, Chapter 4).
• Pre-Action Protocol for Debt Claims 2017 — sets out the steps that must be followed before issuing a claim for a debt, including the requirement to send a Letter Before Action and allow 14 days for a response.
• Practice Direction on Pre-Action Conduct and Protocols — applies to all civil claims and requires the parties to exchange information, consider ADR, and attempt to resolve the dispute before issuing proceedings.
• Civil Procedure Rules Part 7 — governs the issue and service of claim forms once the pre-action stage is complete.
• Limitation Act 1980 — sets the time limits within which a claim must be brought (6 years for breach of contract, 3 years for personal injury).

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How Chris Can Help

Writing a Letter Before Action that complies with the Pre-Action Protocol and accurately states the legal position is not straightforward — especially if you have never done it before. Chris drafts your Letter Before Action based on the specific facts of your dispute, ensuring that the correct legal provisions are cited, the remedy is properly stated, the deadline is correctly set, and the letter is formatted in the way the court expects to see. Chris also flags any issues with your claim that could cause problems if the matter proceeds to litigation — for example, limitation concerns, evidential gaps, or alternative remedies you may not have considered.

You review the letter, make any changes you want, and send it yourself. Chris does not send correspondence on your behalf, but the draft you receive is ready to print, sign, and post.

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Frequently Asked Questions

Q: Do I have to send a Letter Before Action, or can I just go straight to court?

A: The Pre-Action Protocol for Debt Claims 2017 and the general pre-action conduct practice direction require you to write to the other party before issuing proceedings. If you skip this step, the court may impose costs sanctions, refuse to award interest, or stay the claim until you have complied. In practice, always send the letter first.

Q: What if the business ignores my letter completely?

A: If the business does not respond within 14 days, you are free to issue proceedings. The court will note that you followed the protocol and the business chose not to engage, which is a point in your favour.

Q: Can I send the Letter Before Action by email instead of post?

A: You can send a copy by email, but you should also send the letter by Royal Mail Signed For to the business’s registered office. This gives you proof of delivery that the court will accept.

Q: How long do I have to bring a consumer claim?

A: For breach of contract (including claims under the Consumer Rights Act 2015), the limitation period is 6 years from the date of the breach under the Limitation Act 1980. Do not wait until the last moment — evidence deteriorates and witnesses forget.

Q: What if the business offers a repair instead of a refund?

A: Under the Consumer Rights Act 2015, if you reject the goods within 30 days, you are entitled to a full refund. After 30 days, you must generally allow the trader one attempt at repair or replacement before claiming a price reduction or exercising the final right to reject. The letter should reflect where you are in this statutory sequence.

Q: Does the Consumer Rights Act 2015 cover digital content?

A: Yes. Part 1, Chapter 3 of the Act specifically covers digital content, including software, apps, music, films, games, and e-books. The quality rights are substantially similar to those for goods.

Q: What if my dispute is about a service rather than a product?

A: Services are covered by Part 1, Chapter 4 of the Consumer Rights Act 2015. The service must be performed with reasonable care and skill (section 49), and within a reasonable time if no time was agreed (section 52). If the service was not performed to this standard, you can claim a repeat performance or a price reduction.

Q: Can I claim for additional losses beyond the purchase price?

A: Yes. You can claim for consequential losses — that is, losses that flow naturally from the breach. For example, if a defective boiler caused you to incur hotel costs while it was being repaired, those costs may be recoverable. You must be able to evidence the losses and show they were reasonably foreseeable.