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Guide

Letter before action and statutory late-payment interest (UK)

A letter before action is a formal written demand for payment within a set period, commonly seven to fourteen days, that you send before starting a county court claim. On a commercial debt you can also claim statutory late-payment interest, plus a fixed compensation sum, on top of the amount you are owed.

This is general information, not legal advice. Figures reflect the Late Payment of Commercial Debts (Interest) Act 1998 as amended. For a specific debt, or before starting court action, consider taking your own legal advice.

The short answer: when polite reminders have run out, a letter before action is the formal step before court. It states what is owed and gives a deadline to pay. On a business-to-business debt you are also entitled to statutory interest of 8% plus the Bank of England base rate, running from the day after payment was due, and a fixed compensation sum.

What statutory late-payment interest is

Under the Late Payment of Commercial Debts (Interest) Act 1998, a business chasing another business for a late commercial debt is entitled to charge statutory interest at 8% plus the Bank of England base rate per year on the overdue amount. The interest runs from the day after payment was due. Because the base rate changes, this page does not quote a single current figure, work out exactly what you are owed with the late-payment interest calculator, which uses the live rate.

The fixed compensation you can add

On top of the interest, the Act lets you claim a fixed sum for the cost of recovering a late commercial debt, set by the size of the debt:

  • £40 for a debt under £1,000
  • £70 for a debt of £1,000 to £9,999.99
  • £100 for a debt of £10,000 or more

If your reasonable costs of chasing the debt come to more than the fixed sum, you may be able to claim the difference as well.

What a letter before action is

A letter before action, also called a letter before claim, is a formal written demand for payment within a set period before you start a county court claim. It is part of the pre-action protocol, the steps the courts expect you to take before litigating, and skipping it can count against you later. A clear letter before action often gets a stalled payment moving on its own, because it shows the client you are ready to follow through.

What to put in it, and how long to give

A letter before action should set out who owes what and why: the invoice number and amount, the date it fell due, any interest and compensation you are adding, and a clear deadline to pay or respond, commonly seven to fourteen days for a straightforward business debt. State what you will do if the deadline passes, and then follow through, an ignored deadline weakens everything after it. Keep it factual and calm rather than threatening.

Where Kelo fits

Most invoices never need any of this, a good reminder cadence clears them. Kelo is built for that everyday chasing: it drafts each reminder in your voice for you to approve and send. For the persistent tail that ignores the reminders, Kelo surfaces the statutory interest you are owed and can draft a letter before action, approval-first, so you never send anything you have not read and signed off. It connects read-only to Xero or QuickBooks, so nothing changes in your accounts. Before it comes to a letter, work through the payment reminder email templates and the full guide to getting paid.

Common questions

How much statutory interest can I charge on a late invoice?

On a business-to-business debt in the UK, statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998 is 8% plus the Bank of England base rate per year, calculated on the overdue amount and running from the day after payment was due. Because the base rate moves, work out the current figure with the late-payment interest calculator rather than relying on a fixed number.

What is a letter before action?

A letter before action, sometimes called a letter before claim, is a formal written demand for payment within a set period before you start a county court claim. It sets out what is owed, why, and by when, and it is a step in the pre-action protocol the courts expect you to follow before litigating. It signals that you are serious, and it often prompts payment on its own.

How long do I give before starting a claim?

The letter should give the debtor a clear, reasonable deadline to pay or respond, commonly 7 to 14 days for a straightforward business debt. Give them enough time to act, then follow through if the deadline passes, an ignored deadline undermines the next letter.

Can I claim compensation as well as interest?

Yes. On a commercial debt you can add a fixed compensation sum on top of the statutory interest: £40 for a debt under £1,000, £70 for a debt of £1,000 to £9,999.99, and £100 for a debt of £10,000 or more. You may also be able to recover reasonable costs of pursuing the debt above that fixed sum.

Does a letter before action have to be sent by a solicitor?

No. You can write and send a letter before action yourself, and many owner-run businesses do. It needs to be clear, factual, and give a reasonable deadline. If the amount is large or the situation is complex, taking legal advice before you escalate is sensible.

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