A letter before action (LBA) is a formal request asking someone to pay a debt or resolve a dispute before legal action starts. It’s usually the last chance for them to settle the issue without going to court. But what if they ignore it? In this guide, we’ll walk you through your next steps, the legal options available, and what happens if the dispute escalates.
What is a letter before action?
A letter before action is a written notice sent to an individual or business to demand action - usually payment of a debt or resolution of a dispute - before court proceedings begin. It typically includes:
A summary of the issue (e.g. unpaid invoice, contract breach, or property dispute).
A demand for payment or resolution within a specified timeframe.
A warning that legal action will follow if there is no response.
This letter is often required under pre-action protocols before a claim is filed in court.
👉 You can learn more in our guide to what is a letter before action.
What happens if someone doesn’t respond to a letter before action?
If the recipient of a letter before action (LBA) does not respond within the given timeframe, the next steps depend on the nature of the dispute and the sender’s willingness to escalate the matter. While there is no legal obligation to reply, ignoring an LBA can have serious legal and financial consequences.
1. The sender may escalate the case to court
If the recipient does not respond, the sender is likely to proceed with legal action. This means filing a claim in the appropriate court, such as:
Small Claims Court (for disputes under £10,000 in England and Wales).
County Court (for larger disputes or non-monetary claims).
High Court (for complex or high-value cases).
Once court proceedings begin, the recipient (now the defendant) will receive a Claim Form outlining the case against them. If they still do not respond, the claimant can apply for a default judgment (see below).
2. Default judgment may be issued against the recipient
If the defendant ignores both the LBA and the court claim, the court can issue a default judgment, meaning the claimant automatically wins the case. A default judgment may result in:
A court order to pay the amount claimed (including interest and legal costs).
A negative impact on the recipient’s credit rating (if the judgment is not paid within 30 days).
Enforcement action (such as bailiffs, wage deductions, or freezing of assets).
A default judgment can be difficult to overturn unless the recipient can prove a valid reason for not responding, such as not receiving the LBA or the court claim due to a change of address.
3. Interest and additional legal costs may apply
By ignoring an LBA, the recipient may end up owing more money if the case goes to court. The claimant may be entitled to:
Statutory interest (usually 8% per year on unpaid debts).
Legal fees if a letter before action solicitor is involved.
Court fees (which can range from £35 to over £10,000 depending on the claim value).
4. It may damage the recipient’s legal position
If the case goes to court, the judge may view non-response as unreasonable behaviour. This can affect the outcome of the case and could lead to the recipient having to pay additional costs. Ignoring an LBA also removes the opportunity to negotiate or settle before court proceedings begin. A response - even to dispute the claim - can sometimes lead to a resolution without legal action.
How long does someone usually have to respond?
The response time depends on the nature of the claim:
Debt claims: 30 days (following the Pre-Action Protocol for debt claims).
General civil disputes: Usually 14 days, but can be extended up to 30 days.
Complex cases: Up to three months in some situations.
If there is no response within this timeframe, you can escalate the matter to court proceedings.
What can you do if there’s no response?
If the other party ignores your letter before action, you have a few options:
1. Send a follow-up letter
Before taking legal action, it may be helpful to send a final reminder. This could be a simple letter or email stating:
The original deadline for response has passed.
You are giving them a final chance to reply.
If they fail to respond, you will proceed with legal action.
A follow-up letter shows the court that you made reasonable attempts to resolve the matter before filing a claim.
2. Check if the letter was received
If you haven’t received a response, confirm whether the recipient actually received the letter. If you sent it by:
Recorded delivery: Check the tracking information to see if it was delivered and signed for.
Email: Check if the email was opened or if the recipient acknowledged receipt.
Hand delivery: If possible, get a witness to confirm the letter was delivered.
If there is no proof of delivery, you may need to resend the letter before proceeding further.
3. Consider alternative dispute resolution (ADR)
Before going to court, you may want to consider alternative dispute resolution (ADR), such as:
Mediation: A neutral third party helps both sides reach an agreement.
Arbitration: A legally binding decision is made outside of court.
Some courts expect claimants to try ADR before filing a claim, and failure to do so could affect legal costs.
4. Proceed with a legal claim
If there is still no response, you can escalate the matter to court by filing a claim. This involves:
Filling out a Claim Form (available online via Money Claim Online or at the County Court).
Paying a court fee (costs vary depending on claim value).
Serving the claim to the defendant (they will have 14 days to respond).
If the defendant does not respond within 14 days, you can apply for a default judgment, which gives you the right to enforce the claim.
What happens after a letter before action?
If the recipient ignores the letter before action, you can escalate the matter. The next steps depend on the type of dispute.
Step 1: Make a claim in court
You can file a claim in:
Small Claims Court (for disputes under £10,000 in England and Wales).
County Court (for larger claims).
Step 2: Default judgment
If the defendant still does not respond, you can request a default judgment. This means the court automatically rules in your favour, ordering them to pay the amount claimed.
Step 3: Enforcement action
If the defendant fails to comply with the court order, you can take enforcement action, such as:
Bailiffs (High Court Enforcement Officers: Seizing assets to recover the debt.
Attachment of earnings order: Deductions from their wages.
Charging order: Securing the debt against their property.
FAQ
Do you legally have to reply to a solicitor’s letter?
No, you’re not legally required to respond. However, ignoring it could lead to court action, which may result in extra costs, legal penalties, or enforcement measures against you.
Can you ignore a letter before action?
Ignoring an LBA can be risky. The sender may take legal action, which could lead to a court judgment in their favour. This might include financial penalties or enforcement actions like bailiff visits or asset recovery.
What if the recipient claims they never received the letter?
To prevent this issue, always send an LBA via recorded delivery or email with a read receipt. This provides proof that the letter was sent and received.
Can I send a letter before action without a solicitor?
Yes! You can write and send an LBA yourself using a template. However, if your case is complex or high-value, getting legal advice from a litigation solicitor can help make sure your letter is properly structured and legally sound.
Final thoughts
An LBA is a crucial step before taking a dispute to court. It gives the recipient a final chance to resolve the issue before legal proceedings begin. If the recipient ignores the letter, the sender can move forward with legal action, potentially leading to a court judgment and enforcement measures. Ignoring an LBA won’t make a claim disappear - it can actually strengthen the case against the recipient.
If you receive an LBA, it’s always best to seek legal advice and respond appropriately to avoid further legal complications.
Disclaimer: This article only provides general information and does not constitute professional advice. For any specific questions, consult a qualified legal professional.
