Small Claims

[red_slr]

We have a customer that's going to default on an invoice. We already know this. I am keen to get the small claims process under way.
However, we generally write to people giving them 28 days to pay. But I know this invoice is not going to be paid - is there a minimum set length of time I need to wait? If I send a letter today (payment was due 1/10) giving them 7 days and then issue is that too quick?

Thanks!

[Nick Grant]

HMRC rules say it must be paid within 30 days after the invoice was issued.

https://www.gov.uk/invoicing-and-taking-payment-fr...

[Simpo Two]

'Pre-Action Conduct: Before starting a claim, the court expects you and the defendant to take a number of steps to try to settle the dispute. These steps are known as ‘pre-action protocols’ and they involve you and the defendant trying to settle the issue without going to court (for example, you will usually need to send the defendant a letter before making the claim, providing sufficient information about the matter to allow them to understand your position, and allow them a chance to respond).

No time is given but I'd say 7 days is too short; the defendant could claim they were off sick, on holiday etc so didn't see it in time. Court should be a last resort not a first.

From https://www.gov.uk/government/uploads/system/uploa...