If relevant, the amount of interest due on the debt and how much this means the debtor has to pay in totalĪ reminder that if the debt is not paid within a certain number of days, the creditor will begin legal proceedings (the cost of which must be paid by the debtor in addition to the money already owed) When payment was due and how many days payment is now overdue by The invoice(s) the Letter Before Action relates to The body of the Letter Before Action sets out details relating to the debt owed by the debtor. The start of the Letter Before Action provides details of the creditor and debtor, including their name and address. To facilitate this, this Letter Before Action includes: If so, what is their telephone number for arranging alternative payment?Ī Letter Before Action is the final payment reminder sent to a debtor before taking legal action to recover money owed. What is the annual statutory interest rate?īank transfer? What are the bank details?Ĭredit card payment? What is the telephone number for credit card payments?ĭoes the creditor offer the option of making an alternative payment arrangement? Was statutory interest on the debt claimed in the previous letter? If so: If the debtor is a business, will statutory interest be claimed on the debt? If the debtor isn’t a company, partnership or LLP, are they a consumer (ie a private individual) or a business? How many days have passed since the previous letter was sent? What is the annual contractual interest rate? Was contractual interest on the debt claimed in the previous letter? If so: Will contractual interest be claimed on the debt? Is there a contract in place with the debtor? In how many days does the debtor need to fully repay the debt? What is the invoice number which hasn’t been paid (in full)? Who is the Letter Before Action addressed to? On what date will the Letter Before Action be sent? Will the Letter Before Action be printed on business paper that includes the creditor's business name and address? If the creditor is a company, partnership or LLP, who is signing on its behalf? The creditor’s (ie your) details (eg legal structure, name and address). The debtor’s details (eg legal structure, name and address). To make your Letter Before Action you will need the following information: When you have all of the details prepared in advance, making your document is a quick and easy process. Just answer a few questions and Rocket Lawyer will build your document for you. Making a Letter Before Action online is simple. If you email the Letter Before Action, keep a copy of the email that was sent and any attachments, together with any ‘read receipts’.If you post or hand deliver the Letter Before Action, keep a copy of the signed Letter that was sent and anything else included (eg any supporting evidence).If you send the Letter Before Action by email, you should first check your contract to see if this is allowed and whether you need ‘read receipts’ as proof of delivery.If you send the Letter Before Action by post, it is recommended that you use recorded delivery and that you keep a copy of the proof of posting and delivery.If you deliver the Letter Before Action in person, make sure to hand it to the recipient personally.The safest way to serve your Letter Before Action is to deliver it in person or, failing this, to send by courier, post or email.Any special rules about serving notices must be followed. You should check your contract to see what it says about formal notices. The Letter Before Action is a formal notice which must be served properly.We await your immediate payment of the outstanding amount. The amount outstanding can be paid as follows: The court has the power to sanction your continuing failure to respond. This letter is being sent to you in accordance with the Practice Direction on Pre-Action Conduct (the PDPAC) contained in the Civil Procedure Rules which stipulates that you should acknowledge receipt of this letter within 14 days. The costs of the legal proceedings and any other amounts which the court orders, must also be paid, in addition to the debt. Legal proceedings may affect any credit rating. We may also commence insolvency proceedings. If the full amount of the sum outstanding, as set out above, is not paid within days of the date of this letter, we will begin legal action, without warning, for a court order requiring payment. Our credit terms stipulate full payment within days and this account is now days overdue. We are writing to you about the fact, despite previous reminders, there remains an outstanding amount of £ in respect of the above invoice(s). Final letter before commencing legal action
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