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  • #1

    Wilkin Chapman claim issue without pre-action protocol?

    Hi All,

    I have been in discussions with Wilkin Chapman who are chasing an arrow debt for just under 6k. I have been in an email discussion with them about full and final offers and about setting up a monthly payment. I last emailed them 2 weeks ago. However I received a letter today to say that “a claim form has been issued at the court”.

    If this is the case, this is frustrating as I was hoping to settle this enforceable debt this with a F&F.

    The reason I am posting is that I have not had a LETTER BEFORE ACTION. The previous letter said they have been instructed to issue court proceedings without notice if the matter is not settled in a given timescale (but they always say this).

    I am going to talk to Paul (my solicitor) tomorrow but wondered if anyone had any initial thoughts? Are they able to do this or have left themselves open to criticism? What are my options. I am eager to settle this F&F rather than through courts.

    Thanks
    Tags: 2012, action, arrow, cards, cca, cca request, charging order, chasing, claim, court, cra, credit cards, date, debt, email, full and final, george, hsbc, legal, letter, loans, mat, offers, order, pay, power, property, repayment, safe, solicitor, solicitors, update
  • #2
    Re: Wilkin Chapman claim issue without pre-action protocol?

    The statement in your letter quoted reminds me of the so called DG solicitors comment for HSBC few years ago & that turned into letter before action, as yet I too was negotiating a repayment plan.

    I assume your own your own property? as they also stated later they will get charging order as well (stopped that one)
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    • #3
      Re: Wilkin Chapman claim issue without pre-action protocol?

      Your solicitor, Paul? Is this Paul Tilley?

      if so you're in safe hands there
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      • #4
        Re: Wilkin Chapman claim issue without pre-action protocol?

        Originally posted by George Washing View Post
        I have been in discussions with Wilkin Chapman who are chasing an arrow debt for just under 6k.. . .

        . . . The reason I am posting is that I have not had a LETTER BEFORE ACTION. The previous letter said they have been instructed to issue court proceedings without notice if the matter is not settled in a given timescale (but they always say this).
        I see from your diary that you sent a CCA request on 29th October 2012. What did you get back and who was the original creditor? If the CCA looks UE then you'll have some bargaining power if you want to settle with a F & F (as you have stated).


        Originally posted by George Washing View Post
        Went ahead and CCA'd all our credit cards and loans on 29th October. Used electronic signatures and sent postal orders

        If they sent a letter stating what you owe and why, asking you to pay it by a specific date, and warning you what would happen if you didn't (they'd issue legal proceedings) then they may try to argue that was a Letter Before Action albeit not a perfectly compliant one. There are sanctions for getting it wrong but they usually relate to costs only.

        You say you're speaking to Paul about this claim today so he'll give you the bottom line.

        If you want to settle this then try for a Tomlin Order which won't leave a blemish on your CRA file which is due to be clean from 2016 (according to another thread of yours).

        Good Luck with this

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        • #5
          Re: Wilkin Chapman claim issue without pre-action protocol?

          Hi George Washing,

          I've had my first communication from Wilkin Chapman today, also relating to an Arrow debt which was originally with Sainsburys.

          Like your letter, it states that that they are instructed to issue Court proceedings without further notice.

          I am puzzled by their sentence in your letter saying 'a claim form has been issued at court'. If a claim had been issued, it would be directly to you in the form of an N1.

          Paul has helped me in the past so if he's on the case, I am sure you will be ok.

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          • #6
            Re: Wilkin Chapman claim issue without pre-action protocol?

            Any update on this George?

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            • #7
              Re: Wilkin Chapman claim issue without pre-action protocol?

              Hi Mary, sorry for the delay. Thy had indeed taken me to court without the pre action protocol. Very stressful as I wasn't expecting it. Even with this cock up on their part they could have still won but we kept it out of court and did a full and final with the help of Paul's set up. Happy to share more with u if you pm me. Thanks george

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              • #8
                Re: Wilkin Chapman claim issue without pre-action protocol?

                Thanks George, I'll bear that in mind if they proceed with a claim.

                I'm glad you got it sorted with them.

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                • #9
                  Re: Wilkin Chapman claim issue without pre-action protocol?

                  I've just sent you a pm George

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