UMANG MALHOTRA

TEL: 0181 318 2246 FAX: 0181 318 5240                                3 COPPERFIELD COURT
EMAIL: 100531.2363@COMPUSERVE. COM                                   SHEARMAN ROAD
                                                                                                                       BLACKHEATH
                                                                                                               LONDON SE3 9HN
                                                                                                                                  08/03/99

Urgent Recorded Delivery and Fax

Attn:Justice Pumfrey
Room TM 4.02
Chancery Division
Royal Courts of Justice
Strand, London WC2A 2LL
Tel: 0171 936 7482; Fax: 0171 936 6593

Case ref: CH 1998 M 1307 Malhotra v Natwest Bank

Dear Justice Pumfrey,

You did tell me that you had an account/relationship with Coutts ( a subsidiary of Natwest Bank) and whether I had an objection to you hearing the case. I was bit reluctant and thought about it for about 15 seconds and agreed that you should continue. It is my nature to trust people and I did not have time to consult.

I was very disappointed at your decision/order. Before raising other matters about this case with you, I would like to point out that your associate Ms Keys sent me the wrong Order and then it cost me at least a day of my time and frustration with different departments within the court including Civil Appeals Office in order to obtain a correct Order. Experience of life teaches a person the reality, incompetence and negligence within different institutions rather than the theory projected by the people sitting at the top of the ladder.

I have been a victim of incompetence, negligence and deceitful acts committed by Natwest Bank amounting to fraud and how other institutions were also so incompetent in this matter.

Since I discovered so called deceitful Charge of Natwest Bank in Sept/Oct 1996,

  • I must have been to Citizens Advice Bureau/RCJ nearly 20 times and I know how it works in practical reality.

  • I must have seen or rang up nearly 15 solicitor firms regarding my case against Natwest Bank and National Home Loans (my mortgage company) which collaborated with the Bank in consenting for the Charge although NHL resisted this but gave in to the pressure from Natwest Bank. I was mainly residing in Poland at that time. All the solicitors I met -- were only interested in signing me some legal aid forms. My first Solicitor Harveys did point out that the Charge was unenforceable and so did Master Winegarten that it should not be struck out but you decided otherwise.

  • Finally I met Bray Walker Solicitors after spending time at the law Society. They warned me that that most of the solicitor firms will not take this case as they are mostly tied up with the Banks and I should check this that these firms have no conflict of interest. It was only the second time that I signed legal aid forms. All I was interested in was to particularise my 'Statement of Claim' for both cases and whether it should be presented in one writ. But I was lead into a path where solicitors have barristers and all they were interested in was how to create more conflicts and earn money from legal aid and not to solve my problem. In the end and after dealing with more than a year with Bray Walker, I got fed up with them as I was getting no where. I was also amazed at the level of incompetence, i.e., they almost never kept their time, word and sometimes even date of our meetings.

  • As I am litigant in person and I could not find a single solicitor who would take my case with 'no win, no fee' basis. I had no choice but to proceed and issue writs against Natwest Bank and National Home Loans (NHL) as 'statue of limitation' was expiring.

I shall brief you some of the behaviour of these solicitors/barristers from my personal experience:

1. Despite knowing that I am a litigant in person, they would use Latin and legal jargon language which is not understandable to me. I told them not to use this and quite correctly you pointed out to Mr McGarth acting on behalf of the Natwest Bank.

2. They lie and/or make untruthful statements, deliberating twisting facts in order to win the sympathy of white Masters/Judges. It reminds me of a real example. I was with my Manager Tallyn of Natwest Bank in 1992. He asked me that I should bring money from my family. I told him, NO. Then He asked me don't I know any body in this country. I said that I have a few friends here and they could give him reference about me. In the end I gave him name of Dr Graeme Michael Taylor with his office telephone number. He told me 'As he is English - he knows how to talk to an Englishman .........I could have given you so many examples from real life. You as a white person would have hardly experienced what is discrimination and have a feel for it.

3. Barristers introduce affidavits and papers of some precedents of cases on the morning of the hearing. Some of these papers are out dated by nearly 20 years. Each case is individualistic. I had even difficulty in understanding the English in these papers unless I spend a great deal of time reading it and still may not understand it.

4. Solicitors send long faxes on the last day before the hearing even though I told them not to send me a fax of more than 2-3 pages. Not only, they send faxes of 70 pages on the last day and then some faxes coming at 11 P.M. at your home line. This is a disgrace.

Some points about the case:

How come you don't question lies of the Manager, fiddling of the dates by the Bank , files regarding legal mortgage disappeared or can not be located by Natwest Bank, there was only telephone conversation yet I know we met. Why don't you question the credibility of that Manager. You know what was happening with the Banks those days in early 1990's. There are so many questions and yet you go on to strike my claim. I am certain that I would win in front of any jury white or black. Remember what happened to Jonathan Aitken case. He lied. I am sorry that you delivered a superficial judgement about my case while constantly looking at the clock and imposing your position.

Racial discrimination against minorities is not only in institutions like police but it is in cross section of every institution and it includes Courts too. How come there is not a single black Judge in the High Court - an institution which should be delivering Justice. The higher one goes in positions -- one finds more and more discriminatory practices. This applies to mostly all English institutions and the people who run these. One of the reason I had been unemployed in conventional sense for so long in this country despite having several university degrees, been to over 70 countries and lived in ten. Perhaps one day you will READ my work. Enclosed is topics of my book which had been in preparation for nearly 20 years. There is a Chapter on Universal Human Values which was read by the Chairman of Methodist Church in England apart from other notable people. He pointed out that I have not defined the value 'Justice'. Now I know the meaning how it is in practical reality in England. Would you kindly define to me What is the meaning of word JUSTICE as you call your self Justice ...!

Finally how can I get transcript and tapes of my hearing. I can't afford to pay and I can copy courts tapes on my tape recorder but I need your permission. I have been to the transcript department and I know the problems.

I would like to meet you ex-parte before I leave in about two weeks in order to resolve a few problems. I shall be filing all papers required for the appeal to the best of my ability within this week.

I am looking forward to hear from you urgently.

Yours sincerely,

Umang Malhotra (this fax is registered in date, time and is directly from the computer hence not signed). Recorded delivery letter follows which encloses contents of my book and only first page of the introduction and another personal letter.

ref: JP01fL.doc

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