Formal correspondence, before anything escalates
Most disputes are resolved on paper. The point of formal correspondence is to set out a position clearly enough that the other side understands what is being asked, what it is based on, and what follows if they do not engage. That is often enough on its own.
The letter before action
Where a matter may end up in the county court, the courts expect the parties to have tried to resolve it first. The Practice Direction on pre action conduct sets out what is expected, and a letter before action is the standard way of meeting it. It should give:
- A clear summary of the facts and the basis of the dispute
- What you are asking the other party to do, and by when
- Copies of, or reference to, the key documents you rely on
- A reasonable period to respond, usually 14 days for a straightforward matter
- Notice that court proceedings may follow if the matter is not resolved
A court can take a poor pre action approach into account when deciding costs, even where the underlying position was sound. Getting this letter right is not a formality.
What we prepare
We draft the correspondence and the letter before action, structured so that it meets what the Practice Direction expects. Equisure Direct prepares documents. We are not a law firm, we do not provide legal advice or representation, and we cannot tell you whether to issue proceedings. That decision, and any advice on it, should come from a solicitor.
Read more: letter before action for small claims.