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Letter before action to a company for an unpaid invoice (Scotland)
Scotland · in English · for creditors
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For a business in Scotland owed money by a company or LLP that has not paid an invoice. Scotland has no pre-action protocol for debts, but the simple procedure claim form asks what you did to settle: this letter sets out the debt, claims statutory interest at 8% above the Bank of England reference rate and the fixed sum of £40, £70 or £100 under the Late Payment Act (or the interest your contract sets), gives 14 days to pay or dispute, and warns of an action in the sheriff court — simple procedure up to £5,000. Sent by recorded delivery.
- Made for use in Scotland
- Last updated October 29, 2026
- Document in English
Where a UK document reproduces the words of legislation or of a government publication — UK, Scottish or Northern Irish — it contains public sector information licensed under the Open Government Licence v3.0.
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When to use this document
- A company has not paid your invoice and ignores your reminders, and your business is in Scotland.
- A business customer keeps promising to pay next week but the invoice is months overdue.
- You want to add late-payment interest and compensation to an unpaid business invoice.
- You want to send a final demand before raising simple procedure in a Scottish sheriff court.
What you fill in
The details the document asks for.
- Name of the person signing for your business
- Your business's name (company, LLP or trading name)
- Your business's address (number and street)
- Town or city
- Your business's postcode
- Date
- The other business's name (company or LLP)
- Its registered office or business address, with postcode
- Unpaid invoice number(s) and date(s)
- Agreement under which you supplied (for example our agreement dated 3 March 2026, or your purchase order)
- What you supplied
- Amount due
- Due date
- Interest claimed
- Late-payment interest to date
- Fixed sum under section 5A, with statutory interest only (£40, £70 or £100 per invoice; total)
- Total amount
- Where to pay (account name, sort code, account number, reference)
- Attachments
- Your company or LLP number, if a company or LLP
- Part of the UK where your company or LLP is registered
- Your registered office address, if a company or LLP
Common questions
- Is there a pre-action protocol for chasing a business debt in Scotland?
- No general one like England's. But the simple procedure rules expect the parties to try to settle first, and the claim form asks what you have done to settle; a clear letter like this, with a reasonable time to pay or answer, is the step to show. Fourteen days is a common period in a simple case. Keep proof that the letter was sent and received, and any reply.
- How do I calculate statutory late-payment interest on an invoice in Scotland?
- The rule is the same across the UK: take the Bank of England base rate on 31 December (for debts falling due from January to June) or on 30 June (July to December) and add 8%, which gives 11.75% a year for a debt that fell due in 2026. Multiply the unpaid amount by it, divide by 365, and multiply by the days since payment was due. The fixed sum is £40 under £1,000, £70 from £1,000 to under £10,000 and £100 for £10,000 or more.
- Where can I sue a company that will not pay, and how long have I got in Scotland?
- In the sheriff court: simple procedure for claims of up to £5,000, started online through Civil Online, and ordinary cause above that. A company is generally sued where it is based, so if it is based in England or Wales, check first which country's courts can hear the claim. In Scotland an unpaid invoice prescribes — the debt is extinguished — five years after payment was due, unless before then you raise a claim in court or the company acknowledges the debt, in writing or by paying part of it. A decree is enforced by sheriff officers.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
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