Letter before action
A letter of claim for an unpaid invoice, set out the way the construction pre-action protocol asks. Fill in the form, check the letter, then print or copy it.
[Your name] [Your address]
[Date of letter]
[Customer name] [Customer address]
Letter of claim: unpaid invoice [invoice number]
This letter is sent under the Pre-Action Protocol for Construction and Engineering Disputes.
We carried out [description of work] at [site address] under a written agreement dated [date].
We sent you invoice [number] dated [invoice date] for £0.00. Payment was due on [due date]. £0.00 remains unpaid.
We rely on our agreement with you and on the Late Payment of Commercial Debts (Interest) Act 1998.
We claim:
| Unpaid invoice | £0.00 |
| Statutory interest at 11.75% a year for 0 days | £0.00 |
| Fixed sum for the cost of recovering the debt | £0.00 |
| Total | £0.00 |
Interest continues at £0.00 a day until you pay.
We have not instructed any experts. We do not propose that the Protocol Referee Procedure should apply.
Please acknowledge this letter in writing within 14 days of receiving it, and send your full response within 28 days of receiving it. If you dispute any part of the claim, please explain why and send any documents you rely on. We are willing to discuss the matter, or to try mediation, before going to court.
If you do not acknowledge this letter within 14 days, or do not respond within 28 days, we may start court proceedings without further notice.
You can pay by: [payment details]
Yours faithfully,
[Name]
Statutory interest and the fixed sum apply only between businesses, and only if your contract does not set its own interest rate. Keep proof of when you sent the letter.
Why send a letter before action
Before you start a court claim in England and Wales, the court expects you to write to the other side first. The letter sets out what you are owed and gives them a fair chance to pay or reply.
If you skip it, the court can take that into account. The Practice Direction on Pre-Action Conduct says the court can order a party who did not follow the rules to pay costs, or can reduce the interest a claimant gets.
Which rules apply to building work
The Pre-Action Protocol for Construction and Engineering Disputes applies to all construction and engineering disputes. It has no lower limit on value. The separate Pre-Action Protocol for Debt Claims says it does not apply where a debt is covered by the construction protocol.
Under the construction protocol, the letter of claim should give:
- your full name and address
- the full name and address of the person or company you are claiming from
- a short summary of the claim and the contract or law you rely on
- what you are claiming, with a breakdown of the amount
- the names of any experts you have instructed
- whether you want the Protocol Referee Procedure to apply
The other side should acknowledge the letter within 14 days of receiving it and send a full response within 28 days. If they do not acknowledge it within 14 days, the protocol says you can start proceedings.
Interest and the fixed sum
If your customer is a business and your contract does not set its own interest rate, the law lets you claim statutory interest of 8% plus the Bank of England base rate. Bank Rate is now 4%. You can also claim a fixed sum for the cost of chasing the debt.
| Debt | Fixed sum |
|---|---|
| Up to £999.99 | £40 |
| £1,000 to £9,999.99 | £70 |
| £10,000 or more | £100 |
These do not apply to homeowners and other private customers. Work out the figures on their own with our late payment calculator.
Before you send it
- Check the customer's exact legal name. For a company, use the name and registered office on Companies House.
- Attach a copy of the invoice and the quote or contract.
- Send it in a way you can prove, such as recorded delivery, and keep a copy.
- If the customer says the work was faulty, the claim is disputed. Consider getting legal advice before you go further.
This template is for England and Wales. Scotland and Northern Ireland have their own court rules.
Sources: Pre-Action Protocol for Construction and Engineering Disputes (2nd edition, updated 17 February 2017), paras 1.1, 7.1 and 8; Practice Direction: Pre-Action Conduct and Protocols, paras 13 to 16; Pre-Action Protocol for Debt Claims, para 1.4; GOV.UK, Late commercial payments. Checked 12 November 2026.
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