Skip to content
REVIEWS
CAMPAIGNS
SERVICES
ABOUT US
LOG IN
SIGN UP

Reviews

Free, unbiased advice on buying and choosing the right product for you - plus members can see a full breakdown of test scores and the latest Best Buys and Don't Buys too.
  • Technology

    • TV & DVD
    • Computing
    • Camcorders
    • Photography
    • Audio
    • Phones
    • Software
    • Broadband, TV and phone
    • Tech Daily
  • Home & Garden

    • Kitchen
    • Laundry & cleaning
    • Heating, water & electricity
    • Bathroom & personal care
    • Garden
    • Home improvements
    • Leisure
    • Which? Local
  • Cars

    • Car reviews
    • Driving your car
    • Choosing a car
    • Car survey
  • Money

    • Savings & investments
    • Credit cards & loans
    • Retirement
    • Bills & budgeting
    • Insurance
    • Mortgages & property
    • Bank accounts
    • Tax
  • Baby & Child

    • Baby transport
    • Nursery & feeding
    • Child safety at home
  • Energy

    • Saving money
    • Energy saving products
    • Creating an energy saving home
    • Which? Switch

Campaigns

We campaign to make people's lives simpler and fairer. Let's make change happen.
  • Campaigns

    • Get involved in our latest campaigns and find out how to take action.
  • Calling time on nuisance calls and texts

    • Annoyed by nuisance calls and texts? Pledge now to show your support.
  • Consumer Rights

    • An expert guide to your consumer rights with free tools and advice for what to do if things go wrong.
  • Big Change

    • Want better products and customer service from your bank? Call for banks to work for customer, not bankers.
  • Affordable Energy

    • Fed up with confusing energy tariffs and rising bills? Take action to secure simple and fair energy prices.
  • Which? Policy

    • Find out about the policy which underpins the work we do to campaign for consumers.
  • Price it Right

    • Struggling to spot the best supermarket deals? Work with us to call for clear food pricing.
  • Fixed Means Fixed

    • Tired of mobile phone price rises? Help us stop increases on fixed term mobile contracts.
  • Which? Conversation

    • A community website to share your views on the consumer issues of the day.

Services

Get tailored one-to-one advice from our range of legal, financial, travel and technology experts to help you make the right decisions.
  • Mortgage Advisers

    • Our impartial advisers look at every mortgage from every available lender to help you find the right mortgage.
  • Legal Service

    • Subscribe to Which? Legal Service to get simple and affordable legal advice from our expert lawyers.
  • Wills

    • Writing an online will with Which? Wills is an easy, affordable and efficient solution.
  • Money Helpline

    • Expert, unbiased information and guidance to help our members make the best financial decisions.
  • Computing Helpdesk

    • Jargon-free technical support and buying advice to help make sense of our members' computing issues.
  • Consumer Rights

    • An expert guide to your consumer rights with free tools and advice for what to do if things go wrong.
  • Which? Local

    • Find reliable traders from thousands of local business reviews by Which? members across the UK.
  • Which? Switch

    • Save money by comparing and switching your gas and electricity supplier using our free independent service.
  • Which? University

    • Our free tool helps you choose what to study, where to go and how to get there.

About us

Which? exists to make people as powerful as the organisations that affect their lives. We don't accept any advertising, freebies or sponsorship. All our research and campaigning is completely independent and funded by subscriptions.
  • About Which?

    • Find out more about what we do and how we work, including more about the Which? Council.
  • Become a Member

    • Discover the benefits of Which?. Find out more about what your subscription includes and take a trial.
  • Which? Policy

    • Find out about the policy which underpins the work we do to campaign for consumers.
  • Contact us

    • Whether you're new to us or a longstanding member, there are several ways to get in touch.
  • Help

    • FAQs on subjects including using which.co.uk and accessing your account.
  • Press Office

    • Latest news releases and statements, information on spokespeople and contacts for journalists.
  • Careers

    • Find out more about working at Which? including latest vacancies and how to apply.
  • Which? Directory

    • Can't find what you're looking for? Access the complete A-Z directory of Which? Sites.
Which? Consumer Rights the home of consumer advice
  • Menu
  • Help with your problem
  • Understand the regulations
  • Take action

Action Letter before small claims court claim

Action

  • letter template
download ♜ print ⟱ email ✉

Next Steps

  • Related Actions 8
  • Related Problems 4
See all Actions

A 'letter before claim' must be sent to the party you are considering taking action against. 

This letter must comply with the Pre-Action Protocol which, among other things, must include the following:

  • A summary of the facts
  • What you want from the party you're claiming from
  • How you've calculated the sum you want to claim
  • A list of the key documents that you'll use to support your case
  • A list of any documents you want from the other party 
  • A reasonable deadline for a response (usually 28 days)

[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 section II (4) 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 sincerely, 


Claim Dispute Dispute resolution Letter Member services

Was this useful? Spread the word

Facebook ☺ Twitter ☻ Google+ ¶ Reddit ☹
download ♜ print ⟱ email ✉

Related Actions (8) +

  • How to take a complaint to the Financial Ombudsman Service

  • Letter to ask a financial services scheme to help in a dispute

  • When to take a complaint to the ombudsman

  • Letter of deadlock request before going to the ombudsman

  • How to use the small claims court

  • Letter to the Financial Ombudsman Service about a bank dispute

  • Which? Legal Service - call our helpline for specialist advice

  • How to complain to an ombudsman

Related Problems (4) +

  • Can I take my financial complaint to the financial ombudsman?

  • Who do I complain to about my pension scheme?

  • When should I use the small claims court?

  • Where do I go if I have a bank complaint?

You are here:

  1. Home
  2. action
  3. Letter before small claims court claim

Consumer Rights

Common Problems

  • What do I do if I have a faulty product?
  • I had a flight delay, can I get compensation?
  • I want to return my goods
  • The second hand car I bought has a problem
  • How do I use chargeback?

Common Regulations

  • Sale of Goods Act
  • Distance Selling Regulations
  • Supply of Goods and Services Act 1982
  • Section 75 of the Consumer Credit Act
  • Consumer Credit Act

Common Actions

  • Letter to request compensation for cancelled or delayed flights
  • How to cancel a contract without being penalised
  • Letter to ask for a faulty item to be repaired or replaced
  • Letter before small claims court claim
  • Letter to get a refund if your item is faulty

About Us

Consumer rights is a division of Which? that provides clear information on your rights offering simple solutions to solve your everyday consumer problems

Stay up to date with:

Facebook ☺ Twitter ☻
  • Contact us
  • Which? Directory
  • Accessibility
  • Terms & conditions
  • Privacy
  • Cookies
Which? works for you © Which?

Sorry for interrupting, but there is something we need to tell you...

We have updated our cookie policy to reflect changes in the law on cookies and tracking technologies used on websites. To show you this page, we placed cookies on your computer. If you continue on this website, we will use further cookies to maximise your experience and help us to understand how we can improve it.

Accept & hide this message or Find out more

Cookies are text files containing small amounts of data which are downloaded to your computer, or other device, when you visit a website. Cookies are useful because they allow us to recognise your computer, and improve your experience on our websites. Some cookies are also necessary for the technical operation of our websites.

We are currently working hard to bring you the ability to choose and control the cookies placed on your computer when you use our websites.

Please read our cookie policy - it provides important information about the cookies we use, how we use them and how they can be deleted. Please remember that deleting cookies may affect your experience of our websites.