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[I've got no money]

You've left your name on the letter.

 

I think that when you send the Death Certificate in on Monday you should put a covering letter in that says that you phoned the court and was told to apply to adjourn by letter, which is what you did on (put the date of the first letter)and that you wrote and told Optima - and attach a copy of the letter to Optima

[pompeyfaith]

Good idea IGNM ill do that

 

Regards

 

PF

[pompeyfaith]

This is the copy of the letter i sent to Optima and also copied to MBNA you will note I sent this on the 15th April before my father passed away as I knew that his passing was coming and thought it best to put them both in the picture as soon as possible.

 

As I say this was sent the 15th April as I was hoping to get there agreement before I informed the court this did not work hence why I sent a letter to the court on the 28th April 2009.

 

Regards

 

PF

 

Optima Legal Services

Arndale House

Charles Street

Bradford

BD1 1UN 15th April 2009

 

Dear Sir/Madam

 

Re: MBNA V MYSELF

 

I write this letter in the hope you will agree to the hearing on the 12th May 2009 being vacated for a period of 2 months for the following reasons.

 

During the present order made by DJ Elizabeth Manuel on the 3rd March 2009 I was admitted to Q.A Hospital via Ambulance because of a heart attack and subsequently I had a stent fitted to an artery in my heart.

 

I am now on a period of rest after this procedure which must be stress and anxiety free.

 

Since being discharged from hospital something more serious has happened which is why I send you this request.

 

My beloved Father has also been admitted to Hospital with liver cancer which has now proceeded to his blood. He has been given a very short time to live because of it being in his blood.

 

As you can imagine this court case has been put on the back burner as I have more important issues to deal with as I’m sure you will agree my families concerns are more important.

 

I trust you will agree to this case being vacated and re-instated for the first hearing after 2 months.

 

As the next hearing is the 12th May 2009 I look for to your reply as soon as possible.

Edited May 8, 2009 by pompeyfaith

[I've got no money]

At the end of the day you have demonstrably behaved properly and reasonably - I'd be amazed if it wasn't adjourned

[pompeyfaith]

sending this via mobile fone as no access to my pc at mo today i have received the case summary from optima what a load of bull aparently ive told them that i will not be attending at no time have i told them this mods can this thead be closed to guests please as im sure they are monitoring PF

Edited May 9, 2009 by pompeyfaith

[I've got no money]

Can you post a copy of the case summary

[pompeyfaith]

yup ill get it on soon as i can get to my pc as im out at the moment shopping PF

[pompeyfaith]

guys sorry 4 not posting the case summary yesterday i had a hectic day anyway having just read it again i am discusted that they can attempt to twist my legit request 4 adjounment in there fav it is unbelievable given the circumstances i will be writing a big complaint to the SRA im also trying to find out how to get them thrown of this case because the way they have handled it all the way though is a shame ill get the case summary posted soon as PF

[underdog13]

They are an absolute disgrace, PF - glad you are making a complaint to the SRA.

 

Hope you are keeping ok, take care of yourself PF - hope everything goes ok on Tuesday. {{ }}

[caro]

sending this via mobile fone as no access to my pc at mo today i have received the case summary from optima what a load of bull aparently ive told them that i will not be attending at no time have i told them this mods can this thead be closed to guests please as im sure they are monitoring PF

 

I'm sorry PF, but this isn't something that I'm aware can be done.

 

Don't let things get to you. Can you confirm that you asked for an adjournment? If so I suggest you simply fax or email a copy to Optima for information, and concentrate on your Dad's funeral. Optima will have to wait until you're available to deal with them.;-)

[pompeyfaith]

Letters ive Sent

 

 

Optima Legal Services

Arndale House

Charles Street

Bradford

BD1 1UN 15th April 2009

Dear Sir/Madam

Re: MBNA V MYSELF

I write this letter in the hope you will agree to the hearing on the 12th May 2009 being vacated for a period of 2 months for the following reasons.

During the present order made by DJ Elizabeth Manuel on the 3rd March 2009 I was admitted to Q.A Hospital via Ambulance because of a heart attack and subsequently I had a stent fitted to an artery in my heart.

I am now on a period of rest after this procedure which must be stress and anxiety free.

Since being discharged from hospital something more serious has happened which is why I send you this request.

My beloved Father has also been admitted to Hospital with liver cancer which has now proceeded to his blood. He has been given a very short time to live because of it being in his blood.

As you can imagine this court case has been put on the back burner as I have more important issues to deal with as I’m sure you will agree my families concerns are more important.

I trust you will agree to this case being vacated and re-instated for the first hearing after 2 months.

As the next hearing is the 12th May 2009 I look for to your reply as soon as possible.

Yours Sincerely

 

Litigation Department

MBNA Europe Bank Limited

PO BOX 1004

Chester Business Park

Chester

CH4 9WW 15th April 2009

Dear Sir/Madam

Re: MBNA V MYSELF

I write this letter in the hope you will agree to the hearing on the 12th May 2009 being vacated for a period of 2 months for the following reasons.

During the present order made by DJ Elizabeth Manuel on the 3rd March 2009 I was admitted to Q.A Hospital via Ambulance because of a heart attack and subsequently I had a stent fitted to an artery in my heart.

I am now on a period of rest after this procedure which must be stress and anxiety free.

Since being discharged from hospital something more serious has happened which is why I send you this request.

My beloved Father has also been admitted to Hospital with liver cancer which has now proceeded to his blood. He has been given a very short time to live because of it being in his blood.

As you can imagine this court case has been put on the back burner as I have more important issues to deal with as I’m sure you will agree my families concerns are more important.

I trust you will agree to this case being vacated and re-instated for the first hearing after 2 months.

As the next hearing is he 12th May 2009 I look for to your reply as soon as possible.

Yours Sincerely

 

The Court Office

Portsmouth County Court

Courts of Justice

Winston Churchill Avenue

Portsmouth

Hampshire

PO1 2EB 28th April 2009

For the urgent attn of: DJ Elizabeth Manuel

Dear Sir/Madam,

Re: MBNA Europe Bank Ltd V

Case No

I write with urgent matters that are out of my control, and being Litigant in person I’m not sure what the protocol would be in this instance so I write in the hope a letter would be sufficient.

As you are aware the next hearing for this case is on the 12th May 2009 at 10:30hrs.

Since your last order of the 3rd march 2009 there have been events in my life that have impacted on this case.

On the 22nd March 2009 I was admitted to hospital due to a heart attack and was discharged on the 26th March 2009 with considerable medication and told to rest, since this happened my father has passed away on the 25th April 2009 due to stomach and liver cancer brought on by stomach ulcers.

My Fathers Funeral is also on the 12th May 2009 at 10:00 hrs it is unfortunate that it is on the same date but I’m sure you will understand that this is out of my control.

I therefore ask the court to vacate the listing to the next available date after the 12th May 2009.

I have written to MBNA Europe Bank Ltd and their Solicitors Optima Legal Services some 2 weeks ago but to date I have not heard from them.

I enclose copies of those letters for your reference I also enclose a copy of my hospital discharge note.

I would also like to ask the court given the circumstances to allow some time for me to grieve for my father as he was a very much loved dad to me and my family.

I am current very confused, stressed and dazed by these recent events and I feel it would be unfair to put me though a court hearing in my current state.

I look forward to hearing from you at your earliest opportunity so I can put this case behind me for the time being.

I state the above facts in this letter are true and accurate.

Yours Sincerely

[pompeyfaith]

This is going of to the court tomorrow morning with the death certificate just scanning case summary now

 

 

The Court Office

Portsmouth County Court

Courts of Justice

Winston Churchill Avenue

Portsmouth

Hampshire

PO1 2EB 10th May 2009

 

 

 

Re: MBNA Europe Bank Ltd V

Case No

 

 

Dear ,

 

I enclose as requested from you, a copy of my late fathers death certificate for the attention of a Judge as I’m seeking to have my trial on the 12th May 2009 adjourned because of my late fathers funeral at Portchester Crematorium on the same date at 10am.

 

I would be grateful if you could had this letter to the Judge with the death certificate because as you can see there are issued that the judge needs to be aware of regarding this request.

 

I also enclose copies of the letters I sent to MBNA and Optima Legal.

 

I have since received on the 9th May 2009 the case summary this I need to bring to the Judges attention as soon as possible as Optima Legal are attempting to twist the adjournment to their advantage which given the circumstances is just not on in fact I will say with truth it made me cry how low can they go?

 

 

• They apologise for the late case summary this is purely enacted to get the upper hand
  
• They are unsure of the present position of the case this is not true as the order from DJ Elizabeth Manuel was issued on the 3rd March and my letter to seek there approval of adjournment for the above reason was sent to them on the 15th April 2009 which they would have received on the 16th April 2009. They also say that they did not hear from me until the 27th April 2009 this is a blatant lie as I sent letter to them on the 15th April 2009.
  
• They say that they contacted the court to approve of the adjournment but the court had not heard from me. This is the case as I did not send letter to court until the 28th April 2009 as I was seeking Optima Legal’s approval first and as I had not heard from them regarding my letter sent on the 15th April 2009 I them decided I could not wait for them anymore so I sent letter to court on the 28th April.
  
• They say they contacted the court again on the 7th May 2009 to clarify if the trial was going ahead to which they say the court has not received any letter from me again this is a blatant lie as my letter to court was received by you on the 28th April 2009 as I hand delivered it to counter.
  
• As to what issues remain im sure the judge would agree I stopped complying with the order dated 3rd march after I submitted my full defence due to the reasons above i.e. my late father was gravely ill at the time with painful cancer and I was practically living at the Q.A Hospital until his death on the 25th April 2009,
  

 

Given the above you can see what there motive is all I asked for was a legitimate adjournment for very good reasons I knew my late father was dying so I took it upon myself to inform Optima Legal before he passed away some 4 weeks ago to get there mutual agreement before informing the court of this.

 

I choose to do it this way to save costs and the courts time but I heard nothing from them until the 8th May 2009 4 days before my late fathers funeral this I’m sure you can imagine coursed me and my wife untold distress.

 

I hope by sending this letter you will see I took all the steps necessary to get this case adjourned with the least fuss.

 

I do apologise for this late adjournment request but it was out of my control and I am disgusted at the manner that Optima Legal has handled this request.

 

I will of course be making a complaint to the SRA.

 

 

Yours Sincerely

[WelshMam2009]

Ok, at the risk of getting shot down here, I think it may be a little emotional PF??

 

I completely understand that this is how you are feeling right now, but I think you can still get your point across by being assertive and slightly less emotional??

 

I really hope this doesn't offend you PF as that's honestly the last thing I'd want to do right now

[pompeyfaith]

 

 

 

There you go what a pack of lies

 

Regards

 

PF

[WelshMam2009]

If you do run with this, a few typo's and suggested amendments for you PF...

 

The Court Office

Portsmouth County Court

Courts of Justice

Winston Churchill Avenue

Portsmouth

Hampshire

PO1 2EB 10th May 2009

 

 

 

Re: MBNA Europe Bank Ltd V

Case No

 

 

Dear ,

 

As requested, I enclose a copy of my late Father's death certificate for the attention of a Judge as I am seeking to have my trial on the 12th May 2009 adjourned because of his funeral at Portchester Crematorium on the same date at 10am.

 

I would be grateful if you could hand this letter to the Judge, together with with the death certificate, because as you can see there are issues that the Judge needs to be aware of regarding this request.

 

I also enclose copies of the letters I have sent to both MBNA and Optima Legal.

 

On the 9th May 2009 I subsequently received the case summary and need to bring this to the Judge's attention as soon as possible. I believe that Optima Legal are attempting to use the adjournment to their advantage which, given the circumstances, is just not on. In fact I will say with truth it made me cry. How low can they stoop?

 

 

• They apologise for the late case summary this is purely enacted to get the upper hand
  
• They are unsure of the present position of the case this is not true as the order from DJ Elizabeth Manuel was issued on the 3rd March and my letter to seek their approval of adjournment for the above reason was sent to them on the 15th April 2009 which they would have received on the 16th April 2009. They also say that they did not hear from me until the 27th April 2009 this is a blatant lie as I sent letter to them on the 15th April 2009.
  
• They say that they contacted the court to approve of the adjournment but the court had not heard from me. This is the case as I did not send letter to court until the 28th April 2009 as I was seeking Optima Legal’s approval first and as I had not heard from them regarding my letter sent on the 15th April 2009 I them decided I could not wait for them anymore so I sent letter to court on the 28th April.
  
• They say they contacted the court again on the 7th May 2009 to clarify if the trial was going ahead to which they say the court has not received any letter from me again this is a blatant lie as my letter to court was received by you on the 28th April 2009 as I hand delivered it to the counter.
  
• As to what issues remain im sure the Judge would agree I was unable to fully comply with the Order of 3rd March after I submitted my full defence due to the reasons above i.e. my late Father was gravely ill at the time with painful cancer and I was practically living at the Q.A Hospital until his death on the 25th April 2009.
  

 

Given the above you can see what their motive is. All I asked for was a legitimate adjournment for very good reasons. I knew my late father was dying so I took it upon myself to inform Optima Legal, before he passed away some 4 weeks ago, to obtain their mutual agreement prior to informing the court.

 

I chose to do it this way to save costs and the courts time but I heard nothing from them until the 8th May 2009 4 days before my late fathers funeral this I’m sure you can imagine caused my wife and I untold distress.

 

I hope by sending this letter you will see that I took all the steps necessary in order to get this case adjourned with the minimum of fuss.

 

I do apologise for this late adjournment request but it was out of my control and I am dismayed by the manner in which Optima Legal has handled my compassionate request.

 

I will of course be making a complaint to the SRA in due course.

 

 

Yours Sincerely

Edited May 10, 2009 by WelshMam2009

[pompeyfaith]

Yup maybe you right i should take the crying bit out but im only telling the truth the judge needs to know how this is affecting me.

 

Regards

 

PF

[pompeyfaith]

Thank You WM

[pompeyfaith]

Ok edited thank you WM that will go to court by hand tomorrow morning along with copies of my letters to MBNA and Optima Legal and the death certificate.

 

Regards

 

PF

[GamekeeperToPoacher]

PF

 

A few more comments in green - I hope that you are not offended. Good luck and God bless

 

GK

 

Dear ,

 

As requested, I enclose a copy of my late Father's death certificate for the attention of a Judge as I’m seeking to have my trial on the 12th May 2009 adjourned because of his funeral at Portchester Crematorium on the same date at 10am.

 

I would be grateful if you could hand this letter to the Judge, together with with the death certificate, because as you can see there are issues that the Judge needs to be aware of regarding this request.

 

I also enclose copies of the letters I have sent to both MBNA and Optima Legal.

 

On the 9th May 2009 I subsequently received the case summary and need to bring to the Judge's attention as soon as possible. I believe that Optima Legal are attempting to use the adjournment to their advantage which given the circumstances is just not acceptable in fact I will say, with truth, it made me cry. How low can they go?

 

 

• They apologise for the late case summary this is purely enacted to get the upper hand
  
• They are unsure of the present position of the case this is not true as the order from DJ Elizabeth Manuel was issued on the 3rd March and my letter to seek their approval of adjournment for the above reason was sent to them on the 15th April 2009 which they would have received on the 16th April 2009. They also say that they did not hear from me until the 27th April 2009 this is not factually correct as I sent a letter to them on the 15th April 2009.
  
• They say that they contacted the court to approvef the adjournment but the court had not heard from me. This is the case as I did not send letter to court until the 28th April 2009 as I was seeking Optima Legal’s approval first and as I had not heard from them regarding my letter sent on the 15th April 2009 I them decided I could not wait for them any longer so I sent a letter to court on the 28th April.
  
• They say that they contacted the court again on the 7th May 2009 to clarify whether the trial was still going ahead to which they say the court has not received any letter from me again this is a further error of fact as my letter to the court was received by you on the 28th April 2009 as I hand delivered it to the counter.
  
• As to what issues remain I am sure that the Judge will agree I was unable to fully comply with the Order of 3rd March after I submitted my full defence due to the reasons above i.e. my late father was gravely ill at the time with painful cancer and I was practically living at the Q.A Hospital until his death on the 25th April 2009,
  

 

Given the above you can see what their motive is. All I asked for was a legitimate adjournment for very good reasons. I knew my late father was dying so I took it upon myself to inform Optima Legal, before he passed away some 4 weeks ago, to obtain their mutual agreement prior to informing the court.

 

I chose to do it this way to save costs and the courts time but I heard nothing from them until the 8th May 2009 4 days before my late fathers funeral this I’m sure you can imagine caused my wife and I untold distress.

 

I hope by sending this letter you will see I took all the steps necessary to get this case adjourned with the least fuss.

 

I do apologise for this late adjournment request but it was out of my control and I am dismayed by the manner in which Optima Legal has handled my compassionate request.

 

I will of course be making a complaint to the SRA in due course.

 

 

Yours Sincerely

[pompeyfaith]

Not Offended at all in fact im very grateful as it puts it across better

 

PF

[pompeyfaith]

Edited May 10, 2009 by pompeyfaith

[cashins]

Hi PF

 

Looking at their case summary point 6.1

 

'Whether D accrued the alleged debt".

 

Seems to me, that as they will struggle on a number of serious matters regarding the CCA & DN, they will make a big issue of this in an attempt to sway the judge.

 

'Yes but he's had the money, had a good time spending it, but now is just trying to avoid his responsibilities'.

 

Or words to that effect.

 

You need to be ready for a lot of that, but what else would you expect from MBNA.

 

David

 

PS You have my sympathy for your loss.

[pt2537]

yes, but if they try that nonsense

 

Politely draw the courts attention to the judgment of Lord Nicholls of Birkenheads judgment in wilson and first county trust

 

para 46-49 , which confirms that there can be no unjust enrichment where the lender gets the agreement wrong and its rendered unenforceable as a result

[citizenB]

PF, do you have recorded delivery slips or proof of posting for the letters to Optima ?. At the very least you can then prove you posted them.

[pompeyfaith]

afraid not as i did not believe it would come to this it is all with the court now and i await a phone call