Builders · Problems and disputes

Chasing unpaid invoices

A clear reminder is often enough. If not, there is a set process before court, and following it matters.

Information, not legal advice. This guide explains official rules in plain words for England, with links to the sources. Rules change and every job is different, so check the source or get advice for your situation. Last checked 24 October 2026.

1. Check your paperwork

Have the contract, quote, variation notes, invoices and photos ready. Make sure the amount you are chasing is clearly due under what was agreed.

2. Remind, then talk

Send a polite reminder with a copy of the invoice. If there is a complaint about the work, find out what it is and whether it can be fixed. Non-payment is sometimes really a dispute about quality or extras.

3. Letter before action

Before going to court, the courts expect both sides to exchange information and try to settle (Practice Direction on Pre-Action Conduct).

If you are a business claiming a debt from an individual (including a sole trader), the Pre-Action Protocol for Debt Claims applies (Protocol). Under it, the letter of claim should:

  • state the amount owed and whether interest or charges are being added
  • explain the agreement the debt comes from
  • say how to pay, and how to discuss payment options
  • enclose an up-to-date statement of account, the Information Sheet and Reply Form from the Protocol, and a Financial Statement form
  • be dated at the top and posted on that day, or the next day

The debtor has 30 days from the date of the letter to reply. If they reply, you should not usually start a claim less than 30 days after receiving the reply. If they say they are getting debt advice, you must allow a reasonable time for that (Protocol).

4. Make a money claim

  • You can make a claim online. Court fees are set by the amount, for example £35 for up to £300, £205 for £3,000.01 to £5,000, and £455 for £5,000.01 to £10,000 (GOV.UK).
  • Claims of £10,000 or less normally go to the small claims track (GOV.UK; CPR 26.9).
  • If a claim of £10,000 or less is disputed, both sides will be told to attend the free court mediation service (GOV.UK).
  • If the customer does not respond, you can ask for a judgment (GOV.UK).

5. Judgment and enforcement

A county court judgment (CCJ) is recorded on the Register of Judgments, Orders and Fines for 6 years. If the debtor pays in full within one month, it can be removed. If they pay later, it is marked as satisfied (GOV.UK; Regulations).

If a judgment is not paid, you can ask the court to enforce it. Options include a warrant of control (bailiffs), an attachment of earnings order, freezing money in an account, and a charging order on the debtor's property (GOV.UK). Each step has a court fee.

Never threaten, harass or turn up uninvited to demand money. Keep everything in writing and stick to the process. It is also your best evidence if the case reaches a judge.

Common questions

What is a letter before action?

A letter sent before starting court proceedings, setting out the claim and giving the other side time to respond. For debts owed by individuals, the Pre-Action Protocol for Debt Claims sets out what it must contain and allows 30 days to reply.

How much does it cost to claim an unpaid invoice?

The court fee depends on the amount. For example, £35 for claims up to £300 and £455 for claims from £5,000.01 to £10,000. Check the current fees on GOV.UK.

Sources

  1. Practice Direction: Pre-Action Conduct and Protocols
  2. Pre-Action Protocol for Debt Claims (Ministry of Justice, PDF)
  3. GOV.UK: Make a court claim for money
  4. GOV.UK: Make a court claim for money, court fees
  5. GOV.UK: Small claims track, fast track and multi-track (EX305 and EX306)
  6. Civil Procedure Rules, rule 26.9 (scope of each track)
  7. GOV.UK: Resolve a money claim through mediation
  8. GOV.UK: CCJs and your credit rating
  9. Register of Judgments, Orders and Fines Regulations 2005
  10. GOV.UK: Enforce a judgment

All sources checked on 24 October 2026. See all sources.

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