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[Sunshine54]

hi Pompey

 

congratulations! I do hope he's well and not too shocked by his early entrance.

[pompeyfaith]

he is not mine lol but my cousins but i am chuft none the less

[fedup74]

Oh that's lovely news PF congratulations. Something to make you smile- 2.7lb bless him.

[pompeyfaith]

he is fine although gutty lol will be a while before he comes home though he is a fighter as u can guess my wife wanted to go shopping 4 him so thats where we have been all day

[citizenB]

oh sorry i not been on until now but something unexpected came up we got another little fella in the family born 2.5 mths early weighing 2.7llbs

 

he is fine although gutty lol will be a while before he comes home though he is a fighter as u can guess my wife wanted to go shopping 4 him so thats where we have been all day

 

Crikey, that is a bit early PF.. hope all is well with the little fellow.

 

Did you manage to find anything that would fit ?

[pompeyfaith]

No citizen we did not smallest we could find was for size tiny baby and even that was too big he really is so dainty but we did manage to find some nappies small enough.

 

He need to grow to 4lb before the first size will fit him.

 

We are told though by the nursing team he is doing well and at the rate he is taking milk though the tube it will not be lomg before he reaches 4lb

 

It is times like this you realize the good work the NHS does and if he was born in an underdeveloped country he would not survive.

 

I was truly bold over today at the lengths the NHS go to and the technology they have at there disposal.

[pompeyfaith]

With the impending change in the law that will allow commercial companies to offer legal services, Capita are now looking to get into this market with its formation of Optima Legal Services.

 

Blimey Soothy im impressed with the amount of infomation you bring this is quiet interesting.

 

PF

[pompeyfaith]

Did you ever get the apology from Optima as mentioned by the judge?

That is a BIG NO

 

Furthermore I was told by the pupil barrister that the account was not closed as i asked how do i go about making payment.

 

I tried to log in to MBNA last week to make the first payment and i could not login as the account was indeed closed.

 

On a statement i have it says charged off also says that on the comms log so if this is the case just where is that money going.

 

PF

Edited September 22, 2009 by pompeyfaith

[pompeyfaith]

Seriously. I would take some advice on commencing proceedings for contempt of court against both MBNA and Optima.

 

I could not agree more, if not for the benefit of myself certainly for the benefit of the folk on here going though similar issues.

 

PF

[pompeyfaith]

Also i offered MBNA £50 a mth before legal proceeding commenced i have never denied the debt but it was what i consider a non-priority debt so yes i did ok as my primary concern was avoiding a CCJ at all costs due to my elderly disabled mum in law living here this i did and they ended up with less each mth.

 

Bit now im thinking ive got them over my head for the next 26 yrs which is not a good prospect and now want them out of my life for good.

 

I believe with the help you have given already this can now be achived if i play my cards right.

 

Have you seen the two default notices the one they produced in court i now believe this was altered by optima.

 

PF

[pompeyfaith]

 

Note the account number is differant.

 

 

The original Default Notice

 

 

Default Notice i belive was altered by Optima note the date on both is the same

 

PF

[pompeyfaith]

 

Statement showing charge off.

[pompeyfaith]

Oh and just so we are in no doubt as to there incompetence here is a letter they sent me which was not for me.

 

 

They pay -rap money by the way

 

Strictly private and confidential lol data protection act 1998 breach i think

[soothy meldrum]

PF

 

You are dead right regarding the DPA being breached.

 

It beggars belief that theyd actually treat their own peoples personal data in such a way. No wonder they deliver such poor service. Wonder how many more £14k per annum slaves they have.

 

Wonder whether Giles knows what they did and whether they did this to anybody else. They will have a mutiny on their hands before long lol.

 

Re the Capita thing. To be fair that info is in the public domain although it is well hidden. It does help though if you happen to have a few contacts who used to work at Optima and one very good friend who actually still works in the very department who dealt with your defence who is royally ****ed off with things there and the way they treat people. I am sure that when she finds out about what they did to poor old Giles she will have a good old laugh.

 

The thing is though that Capita are one of the biggest UK PLCs and have invested millions in Optima. This sort of thing will not go down well in the corridors of power especially if the media were to get hold of the story.

Edited August 21, 2009 by soothy meldrum

[pompeyfaith]

One other point which i think is relevant, when we where at court on the 15th june i was in the waiying room with many other people all waiting to be called in to various court rooms.

 

The pupil barrister approached me to do a deal would you say this was mediation and if so am i right in thinking this should of been done in a private room so it was for her and my ears only.

 

Because this was not the case it was done in the waiting room for all to hear this caused me embarrassment surely this is not on.

 

PF

[pompeyfaith]

Bang ? post 1338 ?

 

PF

[soothy meldrum]

Bang ? post 1338 ?

 

PF

 

Sorry PF. That was the sound of Giles committing hari kari.

 

I think hes left there now. Hope he sues their arses when he finds out that his salary review was sent out in the post to a complete stranger in Portsmouth.

 

Anyone else received anybody elses private and confidential mail?

 

Top class firm.

[pompeyfaith]

oh right well im sure the sra would be interested in that. am i right in that i have to submit any complaint via the LCS

[citizenB]

No citizen we did not smallest we could find was for size tiny baby and even that was too big he really is so dainty but we did manage to find some nappies small enough.

 

He need to grow to 4lb before the first size will fit him.

 

We are told though by the nursing team he is doing well and at the rate he is taking milk though the tube it will not be lomg before he reaches 4lb

 

It is times like this you realize the good work the NHS does and if he was born in an underdeveloped country he would not survive.

 

I was truly bold over today at the lengths the NHS go to and the technology they have at there disposal.

 

Yes, this is when the NHS comes into its own. You will have to look round the dolls shops for clothes:) That is good he is taking milk ok.. he will catch up very quickly, I'm sure.

 

oh right well im sure the sra would be interested in that. am i right in that i have to submit any complaint via the LCS

 

Yes, PF..

 

Here is the address for LCS

 

 

Legal Complaints Service

Victoria Court

8 Dormer Place

Leamington Spa

Warwickshire

CV32 5AE

[pompeyfaith]

thank you citizen i will get it written over the wk/end it will run into quite a few pages no doubt monday i will go get legal advice on this

[pompeyfaith]

Well after MBNA doing a land reg search this i have on the comms log and relising the value of house compared to mortgage they were going 4 a C/O im sure so just why did they cave in so easily and did not want to appear in court to fight there corner this is what i want to know i do asume one reason was the D/Ns but there must be more besides what soothy has said

[soothy meldrum]

PF

 

I take my hat off to you. You have a mine of information here to show how Optima and MBNA appear to have broken the rules of the CPR constantly and broken numerous terms of the solicitors code of conduct and the Data Protection Act.

 

On the DPA breach. This opens up yet another regulatory can of pythons. I think you need to be reporting them to the Information Commissioner - you are going to be busy. Optima are a Data Controller and sent personal data relating to their own staff members salary review to you. Their clients trust them to have procedures in place to protect their sensitive information but if they cant even guarantee the protection of their own employees very personal data how can anybody be sure that their systems are watertight? How can you be sure that Joe Bloggs living in the Outer Hebridees has not received personal correspondence intended for you? If you received Giles Whislecrafts salary review in the post there is plainly something not quite right in the provisions and procedures they have to guarantee the security of everybodies personal data.

 

Complaints about data protection policy - ICO

 

They have no excuses. Hopefully Mr Whistlecraft will be finding out about Optimas breach of his Data Protection in the next couple of days.

[soothy meldrum]

PF

 

Sorry about this m8. Just re-read some of this thread and noticed that Dianne Powell sent another statement to you in February here http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-23.html#post2003095

 

This just gets better and proves beyond doubt that they have not got a clue about proper procedure etc. Dianne Powell seems to have had another serious attack of amnesia in spelling her name as this statement is again in the name of Diane Powell.

 

As the statements bear two different names it is reasonable to assume that Dianne and Diane are two different people and therefore Dianne Powell has absolutely no right or reason or capacity to sign a statement of truth on behalf of Diane Powell. she seems to have done this consistently on three statements in your case.

 

If my name is Paul and somebody adds a letter to it to make it Paula for example and I then make a statement introducing myself as being "Paula Meldrum" and sign it as Paul people have every right to raise questions as to the identity and veracity of the witness and if necessary to get me into court and put me in the witness box and give evidence under oath as to firstly whether or not it is my signature on the document (Paul) and secondly why I appear to have taken it upon myself to sign a document bearing a statement of truth in the name of somebody else entirely (Paula). I would also expect to have my evidence trashed and be prosecuted for contempt of court and very possibly perjury if I had blindly stated on oath that I was the author of the statement.

 

As solicitors acting for the party giving the statement Optima should also be subjected to the same penalties as MBNAs witness as they should have spotted the discrepancy and allowed the situation to arise in the first place. As solicitors they should in fact have the book thrown at them. I dont think that your case PF is an isolated incident either.

 

It would be funny if it wasnt so blatant and so serious.

 

Can I also point out that the statements should be numbered in sequence. Powells first statement should have been labelled in the top right corner as being her first statement. The statements of 31st March should have been clearly numbered and designated as statements 2 and 3.

 

It really does look like they have not got a clue at what they are supposed to be doing. This is supposed to be a top class law firm with obligations to their clients and the public and bound by this

 

Solicitors Regulation Authority - Code of Conduct: contents

 

Have a look at Rule 1 and the guidance notes to it and ask yourself as to whether they have behaved anywhere near to the standards expected.

 

Top class law firm indeed!

[pompeyfaith]

Wow you certainly know your stuff, This i believe is such a case that does not warrant using email to make complaints so i will spend this evening and tomorrow getting my paperwork in order and composing letters ready to post SD on monday.

 

I will also search the web for a solicitor in my area.

 

Can you tell me what area of law does the solicitor need to specialize in ?

 

PF

[pompeyfaith]

Rule

 

11.01 Deceiving or misleading the court

 

 

• (1) You must never deceive or knowingly or recklessly mislead the court.
  
• (2) You must draw to the court's attention:
   
  
  • (a) relevant cases and statutory provisions;
    
  • (b) the contents of any document that has been filed in the proceedings where failure to draw it to the court's attention might result in the court being misled; and
    
  • © any procedural irregularity.
    

  [*](3) You must not construct facts supporting your client's case or draft any documents relating to any proceedings containing:

   

  • (a) any contention which you do not consider to be properly arguable; or
    
  • (b) any allegation of fraud unless you are instructed to do so and you have material which you reasonably believe establishes, on the face of it, a case of fraud.
    

 

11.02 Obeying court orders

 

You must comply with any court order requiring you or your firm to take, or refrain from taking, a particular course of action.

 

11.03 Contempt of court

 

You must not become in contempt of court.

 

11.04 Refusing instructions to act as advocate

 

 

• (1) You must not refuse to act as an advocate for any person on any of the following grounds:
   
  
  • (a) that the nature of the case is objectionable to you or to any section of the public;
    
  • (b) that the conduct, opinions or beliefs of the prospective client are unacceptable to you or to any section of the public; or
    
  • © that the source of any financial support which may properly be given to the prospective client for the proceedings is unacceptable to you.
    

  [*](2) You are not required to act as an advocate:

   

  • (a) under a conditional fee agreement; or
    
  • (b) if you reasonably consider that you are not being offered a proper fee having regard to:
     
    
    • (i) the circumstances of the case;
      
    • (ii) the nature of your practice; or
      
    • (iii) your experience and standing.
      

 

11.05 Appearing as an advocate

 

If you are appearing as an advocate:

 

• 
  
  • (a) you must not say anything which is merely scandalous or intended only to insult a witness or any other person;
    
  • (b) you must avoid naming in open court any third party whose character would thereby be called into question, unless it is necessary for the proper conduct of the case;
    
  • © you must not call into question the character of a witness you have cross-examined unless the witness has had the opportunity to answer the allegations during cross-examination; and
    
  • (d) you must not suggest that any person is guilty of a crime, fraud or misconduct unless such allegations:
     
    
    • (i) go to a matter in issue which is material to your client's case; and
      
    • (ii) appear to you to be supported by reasonable grounds.
      

   

 

11.06 Appearing as a witness

 

You must not appear as an advocate at a trial or act in the litigation if it is clear that you, or anyone within your firm, will be called as a witness, unless you are satisfied that this will not prejudice your independence as an advocate, or litigator, or the interests of your client or the interests of justice.

 

 

Yup and this

 

 

PF