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Can I claim against a sole trader the same way as against a company?

The short answer

Yes, mostly. A sole trader buying for their trade is acting in the course of a business7, so interest, the fixed sum, the court and the fee match a company claim. The difference is the wait: the debt protocol covers sole traders1, so you send a fuller letter and allow 30 days to reply1, not the 14 days2 a company usually gets.

Mara, WolfX research desk
Written with AI, checked by a person · 8 October 2026

England and Wales only. WolfX is software, not a law firm.

The numbers

What changes, and what does not.

30 daysFor a sole trader to reply to your Letter of Claim.1

14 daysWhat a company usually gets in a straightforward case.2

11.75%Yearly interest on debts that went late between 1 July and 31 December 2026, for both.9 10

£205Court fee for a claim from £3,000.01 to £5,000, whoever you sue.8

What you can add

A £3,600 invoice to a sole trader

Say you invoiced a sole trader £3,600 for goods on 10 June 2026, due on 10 July 2026. It went late from 11 July 2026, so the 11.75% rate for the second half of 2026 applies. You send the Letter of Claim on Monday 14 September 2026, 66 days late: interest so far £76.49, then £1.16 a day. They have until Wednesday 14 October 2026 to reply. A company would have had until 28 September 2026. Nothing has arrived by Monday 19 October 2026, after allowing for a reply posted on the last day, so you start the claim that day, 101 days late.

£3,600.00The invoice

£117.05Interest: £3,600 × 11.75% ÷ 365 × 101 days9

£70.00Fixed sum (invoices from £1,000 to £9,999.99)11

£3,787.05Claim value on 19 October 2026

The court fee on a claim that size is £2058. Then the claim grows by £1.16 a day until they pay.

The road ahead

Six steps. One court fee.

Step 1: Check they bought for their trade
A sole trader who bought for the business is acting in the course of a business7, so the Late Payment Act applies. Someone who bought for themselves is a consumer, and this road does not fit.
Cost: FreeTime: 5 minutes
Step 2: Name the person, not just the trade
Use their forename and surname, then the trading name. A trading name alone is not a person, and there is no register to check, so take the name from your contract, invoices and any signed order.
In the online claim you choose 'Individual', type the surname followed by 'T/A' or 'trading as' and the trading name, and give the forename in its own box. A wrong name can mean amending the claim4.
Cost: FreeTime: 15 minutes
Step 3: Send the Letter of Claim
Use the letter below. The protocol asks for1 the amount, whether interest is continuing and how the debt arose, with the Information Sheet, Reply Form and Financial Statement enclosed. A company would get a plainer letter: see what a letter before action says.
Cost: PostageTime: Same day
Step 4: Give them 30 days
The 30 days run from the date at the top of the letter1. If they say they are getting debt advice, do not start a claim less than 30 days after their completed Reply Form1 reaches you.
If they ask to pay in instalments, consider an affordable plan1 and give your reasons in writing if you say no.
Cost: FreeTime: 30 days
Step 5: Start the claim
Still unpaid? Start it online, as for a company, choosing Individual. For £3,000.01 to £5,000 the fee is £2058.
The claim form goes to their usual or last known home, or their business address3. If you think they have moved, you must take reasonable steps to find the current address3.
You cannot claim while they are under the Breathing Space scheme5.
Cost: £205 court feeTime: 15 minutes
Step 6: Plan how you will collect
A judgment is an order to pay, not payment. An attachment of earnings6 goes to the debtor's employer, and a sole trader usually has none. What to do when a judgment is not paid covers the other routes.
Cost: Depends on routeTime: After judgment

A letter you can copy

Letter of Claim to a sole trader

Send it once the payment date has passed and a friendly reminder or two has not worked. It starts the 30 days.

New email

SubjectLetter of Claim: invoice

Dear , I am writing about invoice , dated , for . It was for and it was due on . It has not been paid. Interest is continuing. Under the Late Payment of Commercial Debts (Interest) Act 1998 I have added interest at a year from the day after the due date: to the date of this letter, growing by a day until you pay. I have also added the fixed sum of that the Act allows for a late payment. The total due on the date of this letter is . A statement of account is enclosed. You can ask me for a copy of any written agreement. This letter follows the Pre-Action Protocol for Debt Claims. I enclose the Information Sheet, the Reply Form and the Financial Statement. Please return the completed Reply Form to me at the address below by . Please pay the full amount by to: If you cannot pay in full, please tell me what you can afford each month and I will consider it. If you believe any of this is wrong, please tell me before that date and say why. If I have received neither payment nor a reply by then, I will start a claim in the County Court without further notice. Kind regards,

Tap a highlighted gap to see what goes in it.

Post it and email it. Keep proof of posting and a copy of everything you enclose. The Information Sheet, Reply Form and Financial Statement are Annexes 1 and 2 of the protocol1. Enclose them every time. Date it the day you post it. The protocol says to allow for a reply posted towards the end of the 30 days.

When not to bother

When it isn't worth it

They bought for themselves, not for a trade. The Act only covers sales between businesses7, and a consumer is a different page.
They have offered a plan you can accept. The protocol expects you to consider one and explain a refusal in writing1. Taking it can pay you sooner than a judgment you then have to enforce.
The invoice is disputed. Thirty days will not settle a dispute, so start with what happens when a client disputes an invoice.
They are under Breathing Space. You cannot make a claim5 while it lasts.
They live or trade in Scotland or Northern Ireland. The route differs there, and this page covers England and Wales only.

The Wolf's note

A company can be looked up. A sole trader is a person, so the name on the claim has to be right before anything else is. Take it from your own paperwork, give the 30 days their full length, then start.

Mr. Wolf · the AI inside WolfX

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