Debt Letter From a Solicitor: How to Check It and What to Do

Why would a solicitor write to you?

Solicitors act for creditorsHow to Deal with Creditors: Communication and NegotiationPractical advice on communicating with creditors, negotiating affordable repayments, and understanding your rights when dealing with the companies you owe.Read more →, debt buyers and landlords. A firm may be chasing a debt after earlier letters failed, or it may be preparing to start a court claim. The letter often follows the steps in the Pre-Action Protocol for Debt Claims. If yours is a formal warning of court action, our guide to a letter before action explains the stages.

Step 1: Check the firm is real

Look up the firm and any named solicitor on the SRA register. Check that the name, address and registration details match the letter. Use contact details you find yourself, not those printed on the letter.

• The firm should be listed as authorised, with a regulatory number
• Be careful of names that are almost identical to real firms, which is how clone scams work
• A genuine solicitor will not object to you checking
• If a firm is not on the register, it may be a debt recovery business rather than a law firm

Step 2: Understand what kind of letter it is

Warning signs of a fake or clone firm

Scammers copy real law firm names, logos and registration numbers. Take extra care if:

• The email address uses a free service or a domain that does not match the firm's website
• The bank account for payment is in a personal name, or differs from the firm's published details
• You are told to pay within hours or face arrest
• The firm refuses to give an SRA number or a way to verify them
• The debt is one you do not recognise, with no creditor named

Step 3: Check the letter contains what it should

Under the Pre-Action Protocol for Debt Claims, a creditor's letter should set out the amount owed and whether interest is continuing, the agreement details, any assignment of the debt, how to pay and contact them, a statement of account, and an information sheet, reply form and financial statement. If those are missing, ask for them in writing.

The protocol generally gives you 30 days from the date at the top of the letter to reply. The creditor should not issue proceedings for 30 days after receiving your completed reply form, or after sending any documents you asked for.

Step 4: Reply in writing

Use the reply form if one came with the letter. It lets you say whether you owe the debt, owe part of it, are unsure, dispute it or want to pay over time. Keep copies and send the reply by a method you can prove. If you need documents, you can ask for the agreement and a statement. Our guide to requesting your credit agreement explains how. If you do not recognise the debtI Don't Recognise This Debt: What to Do If a Collector Contacts You (UK)Don't recognise a debt a collector is chasing? Learn how to dispute it, what proof to ask for and how to check for fraud or a scam.Read more →, see what to do if you do not recognise a debt.

What solicitors cannot do

A solicitor's letter has no more legal force than the same letter from the creditor. Solicitors cannot add fees without a basis, cannot threaten action they do not intend to take, and cannot take your goods without a court process. They are regulated and must act honestly, so you can complain to the firm and then the Legal OmbudsmanFinancial Ombudsman Service (FOS)The Financial Ombudsman Service is a free, independent service that resolves complaints between consumers and financial firms.Read more → if you believe they have not. The SRA also takes reports of misconduct.

If you cannot pay

Tell the solicitor in writing what you can afford and ask for a short pause while you get advice. MoneyHelper, Citizens Advice, StepChangeStepChange Explained: What It Does and How It WorksWhat the debt charity StepChange offers, how its free debt advice and debt management plans work, who it suits and what to expect when you contact them.Read more → and National DebtlineNational Debtline: How It Works, When to CallWhat National Debtline is, who runs it, what it can help with, how to get free advice by phone, webchat or online tools, and what to expect.Read more → are free. A court claim form is different from a letter, and its deadlines are short, so never ignore one.

What to put in your reply

Keep it short, polite and factual. A good reply names the letter and its date, quotes the reference, states whether you accept, dispute or are unsure about the debt, and asks for what you need, such as a copy of the agreement, a statement of account and proof of any assignment. If you intend to propose payments, give a figure you can keep. State that you want contact in writing if that suits you. Send it by Royal Mail Signed For or another method you can prove, and keep copies.

Keep a record

Make a file for the letter, the envelope, your reply, proof of posting and any answer you receive. Note the date you received it, because several deadlines count from the date on the letter or the date of service. If you phone, follow up with an email or letter confirming what was said.

Letters about someone else's debt

Solicitors sometimes write to the wrong person, for example a former tenant or someone with a similar name. If it is not your debt, write back promptly and say so. Our guide to debt letters for someone else explains what to say and what not to do.