Please use headed paper of person or company making the claim, if available.
To: [Insert name of person or company claimed against - write to the person named in the contract as the one who is supposed to receive formal notices, or if that person isn't named in the contract write to the CEO or Managing Director]
Dear [Insert Name],
I am writing to you about the contract which is [Describe what the contract is about] between [Insert your name or the name of your company] and [Insert name of party against which you are claiming] dated [Insert date] ("the Contract").
I am claiming against you for damages for breach of the Contract. I have previously written to you about this on [Insert dates of any previous letters]. Ignoring this letter may lead to me starting a legal action against you, and could increase your responsibility for my costs. That is because this letter complies with the rules which apply to legal actions in England and Wales ("the Civil Procedure Rules"), which means that if you ignore it, the court can impose penalties on you for not responding.
[Insert the basis of the claim - why you say that the other side is in breach. This should include a description of any clause of the Contract on which you rely, a description of what the other side did which was a breach of that clause, and a description of how you have suffered financially as a result].
As a result of all this, I have suffered loss and damage of a total of £[Insert the amount that you believe you are entitled to]. I have calculated the amount due on the basis of [Insert how the amount you claim has been calculated].
The claim I am making also has interest on top to compensate me for not having the money which I am claiming. I have calculated the amount of interest due on the basis of [Insert how interest has been calculated - e.g. specify when the interest started from, the number of days for which it applies and the rate of interest. That rate could be specified in the Contract, or if it isn't, could be claimed at 4% above the current "base" rate of interest of one of the major UK Banks]. So, at the date of this letter, the amount of interest due is £[Insert amount].
The total amount due from you to me is therefore £[Insert total amount]. Interest will continue to be added to the amount I claim at that same daily rate I have specified until I get paid.
I can send you copies of the following documents which relate to this claim, if you do not have them already [Insert list of documents].
In accordance with the Civil Procedure Rules that apply to legal actions in England, please send to me, within 14 days, copies of any documents which you think are relevant to my claim and are likely to be in your possession or under your control, such as [Insert list of documents which the other side may have].
That list is not necessarily a full list of documents relevant to my claim. Please confirm that you will take all appropriate steps you can to make sure that no relevant documents, including electronic documents, that you have or control, are altered, lost, destroyed or disposed of.
Also included in this document:
3. Funding of this Action
4. Action Required
7. Employee Promise
Clive Rich is a highly experienced entertainment and digital media lawyer, who has also successfully run digital businesses for companies such as Sony and Bertelsmann.
A qualified barrister, he has been a lawyer for almost 30 years and has drafted and crafted contracts for a broad spectrum of multi-nationals, major organisations and brands, including Yahoo, Apple, Napster, SanDisk, Myspace and the BBC.
He has also previously run his own legal practice, Rich Futures Ltd in association with the Top 30 UK law firm, Olswang LLP, representing a variety of technology companies and SMEs.
Clive is a qualified Mediator through the Centre for Effective Dispute Resolution (CEDR) and a qualified Arbitrator through the Central Institute of Arbitration (CIArb) in London.
As a negotiator, he is the author of “The Yes Book: the Art of Better Negotiation”, published by Random House in March 2013. Clive has also designed and successfully launched a negotiation App called “Close My Deal”, enabling people to understand the basis of successful negotiation and apply the skills to everyday scenarios. He has provided negotiating coaching and deal making services to a wide range of large organisations and SMEs. He has also been a board member of a number of digital SMEs.
Clive is a devoted father and husband, but when he is not spending time with his family, he likes to unwind by playing golf or watching a variety of sports (football, rugby, cricket). He's a lifelong Milwall FC fan... but don't hold that against him!
Step By Step Guide
When To Use this document:
This is the form of letter you could use if you were making a claim against someone for a breach of a contract you have with them