Where money claims are filed: the official portal is www.moneyclaims.service.gov.uk — HMCTS’s own Money Claims service. It is new (still badged beta), and following the 181st Practice Direction update there is no upper limit on the amount you can claim through it — and if you qualify for Help with Fees, the issue fee itself can be reduced to zero, whatever the size of the claim. New to the portal? Read our step-by-step walkthrough.
Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm. Always check the current official form on GOV.UK before you file, and sign the statement of truth yourself.
In short
A letter before action (or letter before claim) is the formal warning sent before someone issues a court claim. Under the Practice Direction on Pre-Action Conduct, you should reply in writing within a reasonable time — usually 14 days, or 30 days for a debt claim. Your reply confirms whether you accept or dispute the claim, gives your reasons, requests any documents you need, and proposes settlement or mediation. eLitigant’s Chris drafts this for you — you check, sign and send.
What a letter before action is — and why a reply matters
A “letter before action”, more correctly called a letter before claim, is the formal warning a person or business sends before starting a court case against you. It is a step the courts expect under the Practice Direction on Pre-Action Conduct and Protocols (often shortened to the “Pre-Action PD”), which sits alongside the Civil Procedure Rules. For some categories of dispute there is also a specific protocol — for example the Pre-Action Protocol for Debt Claims, which applies where a business is chasing money from an individual (including a sole trader).
The purpose of pre-action conduct, set out at paragraph 3 of the Practice Direction, is for the parties to understand each other’s position, to make informed decisions about how to proceed, to try to settle without court proceedings, and to consider a form of Alternative Dispute Resolution (ADR). Paragraph 8 states plainly that “litigation should be a last resort”.
Replying is in your interest even where you dispute everything. If a claim is later issued and the court finds you ignored the protocol without good reason, paragraphs 13 to 16 allow the judge to impose costs sanctions — including ordering a party to pay costs, or costs on the more expensive “indemnity basis”. A clear, timely reply protects your position and can stop a claim before it is issued.
The time limits for replying
Under paragraph 6 of the Practice Direction, the recipient should respond “within a reasonable time” — the guidance gives 14 days in a straightforward case and no more than three months in a very complex one. The simpler the dispute, the sooner you should reply.
Where the Pre-Action Protocol for Debt Claims applies, the timetable is more generous and more structured: you have 30 days from the date of the letter of claim to return the enclosed Reply Form. The letter should also arrive with an Information Sheet and a Financial Statement (statement of means) form, both produced by the Ministry of Justice. If you request documents, the creditor should not start court proceedings until 30 days after providing them.
If you cannot reply fully in time — for instance because you are gathering paperwork or seeking advice — say so in writing and ask for a short, reasonable extension. Courts look favourably on a party who engages, even if they need a little longer.
What to put in your reply
Paragraph 6(b) of the Practice Direction explains what a response should cover. Whether you are writing a free-form letter or completing a debt Reply Form, the same building blocks apply:
- Acknowledge the letter — confirm you have received it and the date, so there is a clear record.
- State your position — say whether you accept the claim in whole, accept part of it, dispute it entirely, or do not yet know. The debt Reply Form gives exactly these options.
- Give your reasons — if you dispute the claim, explain which facts and which parts you disagree with, and why. If you have a counterclaim (something the other side owes you), set out the details.
- Request documents and information — ask for anything you reasonably need to understand or check the claim, such as the contract, the account statement, invoices or correspondence.
- Propose a way forward — paragraphs 8 to 11 expect both sides to consider settlement and ADR. You might offer to pay by instalments, make a without-prejudice settlement offer, or propose mediation (a neutral third party helping you reach agreement), arbitration, or early neutral evaluation.
Keep the tone measured and factual. A reply is a record the court may later read, so avoid threats, abuse or admissions you have not thought through.
Common mistakes to avoid
Ignoring it. Doing nothing is the most damaging response. It does not make the claim go away and exposes you to the costs sanctions in paragraphs 13 to 16.
Assuming the deadline buys you time on limitation. Paragraph 17 confirms the Practice Direction “does not alter the statutory time limits for starting court proceedings”. The protocol process does not pause the limitation clock, and it cannot be used to delay a claim improperly.
Admitting more than you mean to. A casual “sorry about that” in a reply can be read as an admission. Be precise about what you accept and what you dispute.
Making an unjustified threat. Do not threaten criminal proceedings or other action you have no genuine basis or intention to take — that can rebound on you.
Sending it the wrong way. Reply in writing to the address given, keep a dated copy, and use a method you can prove (such as recorded delivery or email with a saved record).
Frequently asked questions
Do I have to reply to a letter before action?
The Practice Direction and protocols are guidelines rather than strict rules, so a reply is not legally compulsory. But paragraphs 13 to 16 allow a court to penalise a party who unreasonably failed to engage, so replying is almost always the sensible course.
What happens if I miss the deadline?
The other side may issue a court claim. If they do, you will receive the claim form and can still file a defence within the court’s timetable. Replying late is better than not replying — explain any delay when you do.
Can I ask for more information before I respond?
Yes. A response can itself request the documents and details you need to understand the claim. Under the Debt Claims protocol, asking for documents extends the period before the creditor may start court proceedings.
eLitigant CIC provides information and drafts your documents; it is not a law firm and does not give legal advice. You check, sign and send everything yourself.
eLitigant drafts it; you check, sign & send. Not a law firm; information, not advice.
See it done — what Chris drafts for you
A worked example, drafted to a professional standard from your details — ready for you to check, personalise and send. Fictional sample.
[Your address]
[Date]
Greenfield Trading Ltd
Accounts Department
14 Cornmarket Street
Oxford OX1 3HA
Dear Sirs
Re: Your letter before claim dated 2 June 2026 — account reference GT-48217
I acknowledge receipt of your letter before claim dated 2 June 2026, which I received on 6 June 2026. I am writing in response within the time allowed under the Practice Direction on Pre-Action Conduct and Protocols.
Having considered the matter, I dispute the claim in part. I accept that I placed an order with your company in March 2026, and I accept liability for the goods that were delivered to me on 18 March 2026, totalling £640. However, I do not accept the balance of £1,310 said to be outstanding, because the second delivery scheduled for 25 March 2026 never arrived, and the items in that order were later cancelled by telephone on 27 March 2026.
So that I can fully understand and check your claim, please send me copies of the following documents: the original signed order confirmation; delivery notes for both deliveries; and a full statement of account showing all charges and payments on reference GT-48217.
I am keen to resolve this without the need for court proceedings, which I agree should be a last resort. Without admission of the disputed sum, I am willing to pay the undisputed £640 immediately on receipt of a corrected invoice. I would also welcome mediation through an independent third party if any difference remains after the documents are exchanged.
Please treat this letter as my response under the Pre-Action Protocol. I look forward to hearing from you within a reasonable time, and in any event before any claim is issued.
Yours faithfully
[Signature]
[Your name]
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