Adam Frankel
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Letter Before Claim Unpaid Invoice Sole Trader (UK) by OLL
Open Legal LibraryUpdated 4 Nov 2026
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LETTER BEFORE CLAIM: UNPAID INVOICE (SOLE TRADER DEBTOR)
Note: This letter is the final step before a court claim for an unpaid invoice where the customer is a sole trader: an individual who trades in their own name or under a business name without a company. Because the debtor is an individual, the Pre-Action Protocol for Debt Claims applies (paragraph 1.1 of the Protocol). The Protocol fixes what the letter must say, requires a 30 day response period, and requires three enclosures: an up to date statement of account, the Information Sheet and Reply Form, and a Financial Statement form. Enclosures 1 and 2 are reproduced at the end of this template. If the customer is a limited company or an LLP, use the company version instead: it has a 14 day period and no prescribed enclosures.
Note: Print on your letterhead. Date the letter clearly at the top of the first page and post it on the day it is dated or the next day (Protocol paragraph 3.2). The Protocol requires the letter to be sent by post; you may also send it by email, and if the debtor has explicitly asked you in writing not to write by post you must use the contact details they gave instead (paragraph 3.3). Keep proof of posting. Do not mark the letter 'without prejudice': it must be open so that you can show it to the court.
Note: The Late Payment of Commercial Debts (Interest) Act 1998 applies only where the sole trader bought the goods or services in the course of their business. If they bought from you as a private individual (for example a tradesperson who ordered a sofa for their home), that Act does not apply and the Protocol still does: use Option B below for interest.
[letterhead of the creditor: name, address, company number if any, telephone and email]
[full name of the debtor]
trading as [business name the debtor trades under, or delete if none]
[postal address of the debtor]
Also by email to [email address of the debtor, or delete if none]
Date: [date of this letter]
Our reference: [creditor's reference for this matter]
LETTER OF CLAIM: UNPAID INVOICE [invoice number(s)]
Note: The Protocol calls this document a 'Letter of Claim'. The heading uses that term so that the debtor, a debt adviser or a court can see at once which procedure is being followed.
Dear [full name of the debtor],
We write on behalf of [full legal name of the creditor] ("we" or "us") about the unpaid invoice described below. This letter is sent under the Pre-Action Protocol for Debt Claims. It tells you how much you owe, how that figure is worked out, how to pay, and what to do if you dispute the debt or need time to pay. Please read the enclosed Information Sheet, which explains your options and where you can get free advice.
The debt
This is a preview. The full template is free on GitLaw.
This formal notice is the mandatory final step for a business seeking to recover an unpaid invoice from a sole trader in the UK. It follows the Pre-Action Protocol for Debt Claims, providing the debtor 30 days to pay, dispute the debt, or seek financial advice before court proceedings begin.
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About this template
What is this template?
This is a mandatory formal notice required by the UK Civil Procedure Rules before a business can sue a sole trader. It contains the prescribed Information Sheet, Reply Form, and a 30-day response deadline. It is NOT for use against limited companies or LLPs, which typically require only a 14-day notice period.
When should you use it?
Use this when a sole trader customer has failed to pay an invoice despite previous reminders. If the debtor is a limited company, use a standard 14-day letter before action instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| The debt | The debt | Specifies the date of supply, description of goods or services, and the invoice amount including VAT. |
| Interest and charges | Interest and charges | Details statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 or section 69 of the County Courts Act 1984. |
| What we need from you within 30 days | What we need from you within 30 days | Gives the debtor exactly 30 days from the letter date to pay in full or return the Reply Form. |
| What happens if you do not respond | What happens if you do not respond | Warns that the creditor may start court proceedings in the County Court for the principal sum, interest, and court fees. |
Who it's for
- a UK business recovering an invoice from an individual trading in their own name
- a creditor complying with the Pre-Action Protocol for Debt Claims before issuing court proceedings
- a supplier seeking to claim statutory interest and fixed compensation from a non-corporate business customer
How long it runs and how it's signed
How long
Used once
Signed by
Name of the person signing for the creditor
Witness
Not required
Notarisation
Not required
Also needed
attach Information Sheet and Reply Form; attach Financial Statement form; send by post; keep proof of posting
Law it's drafted under
Governed by
Pre-Action Protocol for Debt Claims
Refers to
Late Payment of Commercial Debts (Interest) Act 1998
Refers to
Consumer Rights Act 2015
Refers to
County Courts Act 1984
Refers to
Limitation Act 1980
Governed by
Civil Procedure Rules
England & Wales note
This version is drafted for England & Wales. Scotland and Northern Ireland differ on some points — for example notice periods and tribunal procedure. Tell GitLaw where you hire and it adjusts the draft.
Jurisdiction
England & Wales
Document info
GitLaw document. Document created on Wed Nov 4th, 2026. Last updated on Wed Nov 4th, 2026.
This document is public
Licensed under CC BY 4.0 (Attribution).
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