If your car dealer is ignoring your complaints and you're considering small claims court, there's one crucial step you must take first: sending a Letter Before Action.
What Is a Letter Before Action?
A Letter Before Action (LBA) – sometimes called a "Letter Before Claim" – is a formal letter that states your complaint clearly, explains the legal basis for your claim, sets out what you want (usually a refund), gives a deadline to respond (typically 14 days), and warns that you'll issue court proceedings if they don't comply. It's required by the Civil Procedure Rules Pre-Action Protocol.
Why Is It Required?
Courts expect parties to try to resolve disputes before litigation. A Letter Before Action shows you've given the dealer a final chance, demonstrates you're serious about court action, and may resolve the dispute without going to court at all. Importantly, it's a requirement – courts can penalise you for not sending one.
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When to Send a Letter Before Action
Send an LBA when you've already complained and been refused, the dealer is ignoring your correspondence, negotiation has failed, you've given them reasonable time to respond (usually 14 days from your initial complaint), and you're genuinely prepared to go to court. Don't send one too early – it loses impact if you haven't tried to resolve things through normal complaint channels first.
What to Include
Your details and the dealer's – your full name and address, the dealer's registered company name and address, and the date. The background – when you bought the car, what you paid, vehicle details (make, model, registration), and a brief timeline of events.
The problem – a clear description of the fault or faults, when they appeared, and what you've already tried (complaints, repair attempts). The legal basis – reference the specific laws, primarily the Consumer Rights Act 2015 citing Section 9 (satisfactory quality) and Section 22 (right to reject), plus any misrepresentation.
What you want – be specific about the full refund amount, return of the vehicle, and any compensation for losses. The deadline – give them 14 days to respond and state the specific date by which you need a response. The warning – make clear you will issue court proceedings without further notice if they don't comply. An evidence summary listing what you hold: purchase documents, correspondence, diagnostic reports, and any independent inspection report.
Template Letter Before Action
[Your name] [Your address] [Date]
LETTER BEFORE ACTION
To: [Dealer name and registered address]
Re: [Vehicle make/model] – Registration [XXX] – Purchased [date] for £[amount]
Dear Sir/Madam,
Background
On [date], I purchased the above vehicle from you for £[price]. [Brief description of the transaction].
The Problem
[Describe the fault clearly – what's wrong, when it appeared, impact on you]
I reported this to you on [date(s)] and [describe their response – refused, ignored, failed repair, etc.].
Legal Position
The vehicle is not of satisfactory quality under Section 9 of the Consumer Rights Act 2015. A vehicle of this age, mileage, and price should not [have this fault / fail in this way].
[If applicable: The vehicle was also misrepresented as [what they claimed] when in fact [the reality].]
I am entitled to reject this vehicle and receive a full refund under Section 22 (short-term right to reject) / Section 24 (final right to reject after failed repair) of the Consumer Rights Act 2015.
What I Require
I require you to:
- Accept rejection of the vehicle
- Refund the full purchase price of £[amount]
- [If applicable: Compensate me for [specific losses] totalling £[amount]]
Deadline
You must respond to this letter with a satisfactory resolution by [date – 14 days from letter date].
Warning
If I do not receive a satisfactory response by the above date, I will issue proceedings in the County Court without further notice. I will seek to recover:
- The sums claimed above
- Court fees
- Interest
- Any other costs the court allows
Evidence
I hold the following evidence to support my claim:
- Purchase invoice and finance agreement
- All correspondence between us
- Photographs/videos of the fault
- [Independent inspection report dated X]
- [Diagnostic report from X garage]
I reserve the right to add to this evidence.
Please acknowledge receipt of this letter.
Yours faithfully,
[Your signature] [Your printed name]
After Sending the Letter
If they respond positively, get any agreement in writing, don't hand over the car until the refund is received, and keep copies of everything. If they make a partial offer, consider whether it's acceptable – you can accept it (get it in writing first), negotiate further, or reject and proceed to court.
If they ignore it or refuse, wait until the deadline passes, then issue court proceedings. Keep proof you sent the letter via your recorded delivery receipt. If they dispute your claim, consider their arguments carefully and honestly – are they making valid points? You may still proceed to court regardless, and the judge will decide.
Tips for Effectiveness
Send it properly using recorded delivery or tracked post, keep the proof of posting, and consider also sending by email (though post is the formal method). Be professional – no emotional language, stick to facts, and be firm but polite. Be accurate – get the legal references right, state amounts precisely, and double-check company names and addresses. Be realistic – only claim what you're genuinely entitled to, as excessive claims weaken your position. And follow through – if they don't comply, actually issue proceedings. Empty threats damage your credibility for any future correspondence.
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Common Mistakes to Avoid
Sending Too Early
Give them a chance to resolve it first. An LBA should be a final warning, not a first step.
Wrong Legal References
Citing the wrong law (like Sale of Goods Act for a consumer purchase) undermines your credibility.
Unrealistic Demands
Demanding compensation you're not entitled to weakens your position.
Not Following Through
If you threaten court but don't follow through, future letters will be ignored.
Missing Information
Include everything – date, amount, what you want, deadline. Vague letters are less effective.
The Bottom Line
A Letter Before Action is required before court proceedings – skip it and the court may penalise you. Give the dealer 14 days to respond, be specific about what you want and the legal basis for your claim, and send it by recorded delivery with proof of posting. If they don't comply by the deadline, follow through and issue proceedings – empty threats destroy your credibility. Many disputes actually settle after receiving an LBA, because dealers take the prospect of court action seriously once they can see you're organised, informed, and genuinely prepared to follow through.
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