Small Claims Guide

Letter before making a small claims court claim

This legal advice applies only to England.

Taking a company to the small claims court to get your money back? If so, you must send them a letter before you claim – this template will help you.

If you’re thinking of making a claim through the small claims court, read our full guide first.

Before making a claim against a company, you must send a letter. This letter must comply with the Pre-Action Protocol which, among other things, must include the following:

You can use this letter to warn a trader that you’re thinking of taking court action to sort out a problem with faulty goods.

If a trader has not responded to any of your previous letters of complaint or has stopped responding to your complaint, your next step might be to take court action.

Going to court is the last resort and you should always try to find another way of reaching an agreement first.

You and the trader both have to do specific things to try and resolve the issue before it goes to court. These are set out in guidance known as the ‘Practice Direction on pre-action conduct and protocols’. You can read the Practice Direction on the Ministry of Justice website.

If you do go to court and win, you might get more compensation if the trader didn’t follow this Practice Direction.

For more information about when to send a letter before court action, see The Court Rules.

This template is for guidance and might not suit your specific situation. If you need more detailed advice and guidance, contact us.

Please see our sample letter below

[Your address]

[Supplier’s address]

Dear

Reference: [a single sentence summing up your claim]

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

[Provide a summary of the facts of the dispute]

From you I am claiming [state what you want from the party you’re claiming from]

I have calculated this sum [state how you have calculated the amount being claimed]

Listed below are the documents on which I intend to rely in my claim against you:

[List the key documents that you will need to use to prove your claim]

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

[List any documents you want from the party you are claiming from]

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

I would invite you to put forward any proposals in this regard.

[Alternatively you can set out details of any ADR scheme that you would be prepared to use]

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

I look forward to hearing from you within the next 28 days.

Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully,