Sample letter

Don't take me to court (sole name)

Use this letter when a creditor has turned down your offer of payment and you do not want the creditor to take you to court.

25 November 2020

Dear Sir/Madam

Account / Reference Number:

Thank you for your letter of concerning the above account.

I am very disappointed that we seem unable to reach a satisfactory compromise in this case. As I have already explained, I can only afford £ per month at the present time. This is the only realistic payment proposal bearing in mind the enclosed business and household budget sheet.

You have stated in correspondence your intention to commence court proceedings against me. The commencement of legal proceedings under such circumstances could be counter to the 'Overriding Objectives' of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre-action protocol, the court will expect the parties "to act reasonably... in trying to avoid the necessity for the start of proceedings".

Your refusal to accept my offer could be viewed as unreasonable and I would ask the High Court to consider this matter with reference to the Overriding Objectives.

I would therefore be grateful if you would reconsider your decision to save the extra expense for yourself and time wasted with court proceedings. The offer of £ per month plus suspension of interest is a reasonable request and due to my financial circumstances would prove in both of our interests.

I will contact you immediately if my circumstances improve.

I look forward to hearing from you as soon as possible.

Yours faithfully