Debt Claims by Email: The New Letter of Claim Rules From 1 October

A Letter of Claim for a debt can no longer be treated as a postal-only exercise when a creditor holds the debtor’s personal email address. From 1 October 2026, creditors must still send the letter by post, but must also send it to a personal email address they hold. If they do not have a personal email address but do have other personal electronic contact details, they must use at least one of those methods as well.

The change to the Pre-Action Protocol for Debt Claims is intended to help debtors receive notice before court proceedings are considered. For businesses, it means updating debt-recovery procedures, checking the contact information held and keeping a clear record of each method used.

This article explains what the new rule requires, what a Letter of Claim should contain and what creditors and debtors should do next. It is general information about the position in England and Wales, not advice on a particular dispute.

What changed on 1 October 2026?

The amendment changes paragraph 3.3 of the protocol. The postal requirement remains: creditors should send the Letter of Claim by post. Where the creditor has the debtor’s personal email address, the letter should also be sent using that address.

If no personal email address is held, but the creditor has other personal electronic contact details for the debtor, the creditor should send the letter using at least one of those other methods. Depending on the contact details available, this may include an appropriate mobile-based method, such as a text message.

In practical terms:

• Personal email held: send the Letter of Claim by post and to that email address.
• No personal email, but other personal electronic contact details held: send it by post and use at least one of those other electronic methods.
• No personal electronic contact details held: the new additional electronic step does not apply, but the postal requirement remains.

The change does not make email a substitute for post in the ordinary case. Creditors should not assume that sending an email alone satisfies the protocol.

The amendment was approved by the Master of the Rolls on 10 September 2026 and came into force on 1 October. The Ministry of Justice amendment notice sets out the revised wording.

What must the Letter of Claim contain?

The new delivery rule does not replace the existing requirements about the letter’s contents. Before starting a debt claim, a creditor should send a clear, dated Letter of Claim that gives the debtor enough information to understand and respond to the claim.

The letter should explain:

• The amount claimed, including whether interest or other charges are continuing.
• The basis of the debt. For an oral agreement, explain who made it, what was agreed and when and where it was agreed. For a written agreement, state its date and parties, and explain that a copy can be requested.
• Any assignment of the debt. If the debt has been assigned, identify the original creditor, the original debt and the date of assignment.
• The position on payments or instalments. If the debtor has offered instalments or is already paying, explain why the offer or payments are not accepted and why court proceedings are still being considered.
• How to pay or discuss payment options, including the relevant payment details or address.
• How to return the completed Reply Form.

The creditor should also provide an up-to-date statement of account, or the relevant earlier statement together with details of interest and charges added since it. If no statements have been provided, the letter should set out the interest and charges accrued since the debt arose.

The protocol requires the creditor to include its Information Sheet and Reply Form and a Financial Statement form. These are intended to help the debtor understand the process, explain their position and provide financial information where relevant. The current Pre-Action Protocol for Debt Claims includes the detailed requirements and forms.

How long must creditors wait before issuing proceedings?

The Letter of Claim should be clearly dated near the top of its first page and sent on the date shown, or the following day if it is not reasonably possible to post it on that date.

Usually, the debtor should be given 30 days from the date of the letter to respond before proceedings are started. Creditors should allow for a reply sent by post near the end of that period. A debtor who needs debt advice or requests documents may require further engagement under the protocol; creditors should consider the circumstances and the protocol’s requirements rather than treating the 30-day period as an automatic green light to issue.

If the debtor requests documents or information, the creditor should provide them or explain why they are unavailable within the protocol’s timeframe. The parties are expected to exchange relevant information and consider whether the dispute can be resolved without court action.

The protocol is a pre-action process, not simply a box-ticking exercise. Even where a debt is due, a creditor should consider any response, dispute or proposed repayment arrangement before deciding whether proceedings are appropriate.

What can happen if a creditor does not comply?

A failure to follow the protocol does not automatically extinguish a debt or mean that a claim can never be brought. However, it can create procedural and financial difficulties.

The court may take non-compliance into account when managing the claim. Depending on the circumstances, it may stay proceedings to allow the parties to complete the required steps and may impose costs sanctions. This can add delay and expense even if the creditor ultimately establishes that the debt is owed.

The new contact rule makes the record of service particularly important. If a creditor cannot show which details it held, what methods it used and when it sent the letter, it may be harder to demonstrate compliance if the debtor disputes receiving notice.

For businesses, a review of standard debt-chasing procedures is sensible. Make sure staff know which contact details count as personal, and that systems do not rely on posting a letter where a personal email address is already held.

How should businesses record service?

A reliable record should show the steps taken for each Letter of Claim. Keep a copy of the exact letter and enclosures, along with:

• The date shown on the letter and the date it was posted.
• The postal address used and evidence of posting.
• The personal email address or other electronic contact details used.
• The date and time each electronic message was sent.
• A copy or export of the email or message, including its attachments.
• Any delivery failure, bounce-back or reply.
• The source of the contact details and any relevant update or correction.

Sending a message is not the same as proving it was received. Keep evidence of transmission and any response, and investigate a bounce-back or other indication that the contact detail may be wrong. The protocol’s new requirement is about using relevant personal contact details held; it is not a reason to ignore signs that a particular address or number is no longer in use.

What should debtors do when they receive a Letter of Claim?

Do not ignore it. Read the letter, check the amount and the explanation of the debt, and note the response date. If you dispute all or part of the claim, explain why and provide documents that support your position. For example, you might identify a payment that has not been credited or request information needed to understand the calculation.

If you cannot pay in full, use the Reply Form to explain your circumstances and consider proposing an affordable repayment arrangement. You can also seek independent debt advice or legal advice, particularly if the debt is disputed, the amount appears wrong or you are unsure about the consequences of a response.

A Letter of Claim is not itself a court judgment. But failing to respond can leave the creditor with less information about your position and may be followed by court proceedings. Keep a copy of your response and proof of when and how you sent it.

How debt recovery solicitors can help

For creditors, the change is a prompt to check letter templates, contact-data processes and evidence of service. For debtors, a response at the pre-action stage may help clarify what is being claimed and whether the dispute can be resolved before proceedings.

Our debt recovery solicitors advise businesses and individuals on debt claims, pre-action correspondence and the next steps where a matter remains unresolved. For broader background, read our business debt recovery guide. If judgment has already been obtained, our article on charging orders and company debts discusses a separate stage of enforcement.

The new rule is specific, but its practical effect is significant: creditors should check their records and send the Letter of Claim through the required channels; debtors should take the letter seriously and respond within the protocol process.

Request a Free Consultation

If you need advice about a debt claim, a Letter of Claim or the debt recovery process, contact Tyndel Solicitors to discuss your circumstances.

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