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A Letter of Claim is the first formal step in the debt recovery process. It sets out the details of the debt, provides the debtor with a final opportunity to make payment, and warns of impending legal proceedings should they fail to respond.
At Franklins Solicitors, we help businesses take decisive, compliant action to recover debts efficiently and cost-effectively. Our team ensures that every letter of claim is tailored, legally robust and compliant with pre-action protocols, protecting your position and strengthening your case.
A Letter of Claim is a formal legal notice sent to the debtor, setting out:
For claims involving individual debtors, the Pre-Action Protocol for Debt Claims must be followed. This includes providing supporting documentation and allowing a reasonable time to respond.
When Should a Letter of Claim Be Used?
A Letter of Claim should be issued when:
In many cases, a well-drafted Letter of Claim results in full payment or leads to productive negotiations, avoiding the need for litigation.
We handle the entire process for you, offering a choice of service depending on how involved you’d like us to be:
We draft and issue the letter, instructing the debtor to respond directly to you.
We manage the process end-to-end, issuing the letter, handling communications, negotiating settlement terms, and, if necessary, progressing to court action.
To proceed, we’ll need:
We’ll also calculate any statutory or contractual interest due and incorporate it into the total claim.
What Happens If the Debt Is Not Paid?
If the debtor fails to respond or make payment by the specified deadline, we will advise you on the appropriate next step. This may involve:
We act swiftly to ensure momentum is maintained and costs are kept under control.
Our letters of claim are drafted to get results, clearly, firmly, and legally. We help you take control of the situation from the outset and protect your commercial interests throughout the process.
If you’re ready to recover an unpaid debt, or want advice on the next steps, speak to our team today. We’re here to ensure your letter of claim is issued promptly, professionally and with impact.
A letter of claim is sent to the debtor as a final warning, requesting that payment of the debt is made before legal action.
A letter of claim should include the identity of the parties involved, the nature of the dispute, the key dates, the facts that support the claim, the monies owed and the remedy to the situation. In a business creditor to individual debt or claim, the pre action debt protocol should be followed.
You should ackonwledge you have received the letter of claim within 14 days and respond to the letter of claim within 28 days.
If a letter of claim is ignored then the claimant may commence court proceedings.
A formal letter of claim is one of the first steps in the debt recovery process. It sets out the key information relating to the debt and the remedy that resolves the dispute. If the letter of claim is ignored or not responded to within the relevant timeframe then the claimant may choose to obtain a default judgement.
If you have any questions about letter of claim, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
