Saturday, May 27, 2017

British Telecom: Will BT Executive Level Complaints provide us with a copy of the engineer's report dated 24 May without a Subject Access Request under the jurisdiction of the Telecommunications Ombudsman? (WITH UPDATE - DAY 8 29/5/2017)

From my earlier blog post's Update 29 May (12.06pm):

"I have just updated my blog post of 16 January with this morning's 456th block on public access to our Church and State website since 26 July 2016. The blog post also not only reveals a record-breaking 52 such blocks in one week at the end of last month (an unprecedented escalation that kicked off with our focus on Denmark's cartoon crisis; 87 blocks so far this month), but it reveals the daily targeting to fluctuating degrees of category pages throughout the site which continues to this day."

An unprecedented ten blocks in one day on 7 May with our publication of Atheist Ireland republishes 25 blasphemous quotes in solidarity with Stephen Fry. Nineteen blocks last week; two blocks this morning.

The War on Free Expression



The following two Internet cuts* have occurred since our contract with British Telecom (BT) commenced on 28 May 2014:

1st Internet cut: 26 May 2017
2nd Internet cut: 27 May 2017 (graphic above)

* We have filed these first two internet cuts since May 2014 in a folder we have created called "BT Internet Cuts", with the date and time part of the graphic for each cut. We pay BT £65.53 per month (£786.36 per year) for BT Infinity fibre optic broadband.

Within hours of Declan's complaint to BT CEO Gavin Patterson on 24 May about the handling of the bad TV reception we had been accustomed to getting of late through our BT YouView box, the engineer Alexander Boyce confirmed in a double-signed handwritten note that there would be no charge for his visit because he could not say that we had damaged any BT equipment or that the fault (viz. intermittent TV reception through our BT YouView box) was the result of our home wiring.



24 May: British Telecom: Declan's complaint to the CEO of BT about the handling of the bad TV reception we have been accustomed to getting of late through our BT YouView box (WITH TREBLE UPDATE - Day 5 26/5/2017)

We are still waiting for BT Executive Level Complaints (Consumer) to confirm whether any charges have been raised on Declan's account by Boyce. Nor have we been provided with a copy of his report dated 24 May. Will BT Executive Level Complaints provide us with a copy of this report without a Subject Access Request (SAR) under the jurisdiction of the Telecommunications Ombudsman?

DAY 8 UPDATE 29 May (11.04am): Yesterday Declan copied BT CEO Gavin Patterson into the complaint below to BT Executive Level Complaints (Consumer). We can't understand what is so special about a supposedly run-of-the-mill report by a regular BT engineer, and what it is about Declan's straightforward request for same that BT Executive Level Complaints are finding so difficult to handle.

For the attention of Gavin Patterson, Chief Executive, British Telecom

Miranda Bracey
Executive Level Complaints (Consumer)
British Telecom

Address removed for email


28 May 2017

Dear Ms Bracey,

Thank you for your email. Please could you confirm what charges, if any, have been raised by your engineer Alexander Boyce following his visit to my property on 24 May. Please could you also provide me with a copy of his report without the fee my Subject Access Request (SAR) dated 25 May would likely incur.

I can confirm that I am currently watching TV with a signal strength that remains stable at 92% and quality that remains stable at 100%. Mr Boyce told me that any signal strength above 50% is acceptable when it comes to home wiring. I therefore fail to understand how any charges could have been raised by him in his report.



Yours sincerely,

Declan Heavey

M: 07880437681

Internet cut updates:

None since 27 May.

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From My Picks:

20 February: The Central London County Court: District Judge Avent dismisses Declan's claim against the Greater London Authority-commissioned St Mungo's that alleged the falsification and fabrication of data against us (WITH UPDATE 16/3/2017)

'Let me recommend an important web site churchandstate.org.uk. Operating out of London this well-designed and exciting web site covers church-state, population, climate change and other issues. Check it out.' - Edd Doerr, President, Americans for Religious Liberty

The Central London County Court: We still have not received help with our court hearing fee and this after receiving District Judge Avent's order two days after the expiration of our statutory 21 days to apply for permission to appeal (WITH UPDATE 27/5/2017)

From my earlier blog post's Update 27 May (7.15pm):

"I have just updated my blog post of 16 January with the 452nd block on public access to our Church and State website since 26 July 2016. The blog post also not only reveals a record-breaking 52 such blocks in one week at the end of last month (an unprecedented escalation that kicked off with our focus on Denmark's cartoon crisis; 83 blocks so far this month), but it reveals the daily targeting to fluctuating degrees of category pages throughout the site which continues to this day."

An unprecedented ten blocks in one day on 7 May with our publication of Atheist Ireland republishes 25 blasphemous quotes in solidarity with Stephen Fry. Sixteen blocks last week; seventeen blocks so far this week; two blocks today.

The War on Free Expression


County Court at Central London, Royal Courts of Justice

On 20 February District Judge Avent ruled in Declan's claim against the Greater London Authority-commissioned St Mungo's, a homeless charity, that data we alleged to be false, fabricated and nonsensical (and left us vulnerable to eviction for non-cooperation with the support provider) constituted no more than "a difference of opinion as to wording" and that no breach of the Data Protection Act 1998 had occurred. Although originally listed for a one-day hearing, the trial only lasted two hours, i.e. one hour short of the preliminary hearing last October. Declan says it was the most hostile atmosphere that he has ever experienced in a courtroom. It left him reeling, he says, after no more than five minutes. At the end of the judge's summation, Declan asked for leave to appeal. "What for?" the judge asked. "Because this is just 'a difference of opinion as to wording,'" Declan responded, quoting him verbatim. "No," the judge replied, and that was that.

We are in a supported tenancy because of Declan's physical health condition. We were forced to sleep rough on the streets of London for almost 4 years in total - from 4 November 2006 to 13 July 2009, and again from 14 April 2013 to 17 May 2014. Before we came off the street the second time, Declan was diagnosed with asthma and a chest infection; in fact, he became so weak that on 15 April 2014 the Royal London Hospital wrote: "If possible should try to find accommodation off the street." So when in May 2014 a supported housing tenancy came through (under a programme commissioned by the Greater London Authority for entrenched rough sleepers), we took it. Because the flat only came with a fridge and cooker, we had to sink the deposit we had for a flat into making it habitable. And that was only the beginning...

Our statutory 21 days to apply for permission to appeal DJ Avent's order below expired on 13 March. We only received his order in a late post two days later on 15 March; and this despite the fact that the Information Commissioner's Office found the Ministry of Justice in breach of the Data Protection Act in respect of an application to contest the court's jurisdiction that we did not receive in a timely manner in a previous case (see my blog post of 15 March, Complaint to the Secretary of State for Justice. We still do not have District Judge Avent's order and today is the 2nd day after the expiration of our statutory 21 days to apply for permission to appeal). Now, according to the Court's telephone service on 9 May, Declan's application for a full refund of the £80 hearing fee was approved on 26 April but the cheque has yet to be cleared by the Court's finance section. "That's up to their working time, sir," he was told. So, for the time being, I will keep posting variants on this blog post every so often until they get around to refunding us the money.

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A difference of opinion as to wording?

Paragraph 23 of Declan's Witness Statement dated 14 November 2016.

23. Still to this day, I do not know the service to which the staff action/intervention "Signposted to another service" referred. No mention was made of the action note in St Mungo's Defence, notwithstanding the extraordinary lengths I had gone before the defence was filed to highlight the seriousness of blatantly retaining data that was false, fabricated and without meaning (vague to the point of having almost any kind of interpretation).



UPDATE 27 May (9.47pm): We are now not just dealing with blocks on public access to our Church and State website, the daily targeting to fluctuating degrees of category pages throughout the site, but as from yesterday, Internet cuts. See my previous blog post this afternoon, We lose our Internet connection for the second time in two days, having not previously been disconnected from the Internet since our contract with British Telecom commenced on 28 May 2014 (WITH UPDATE 27/5/2017).

Click to enlarge

From My Picks:

20 February: The Central London County Court: District Judge Avent dismisses Declan's claim against the Greater London Authority-commissioned St Mungo's that alleged the falsification and fabrication of data against us (WITH UPDATE 16/3/2017)

'Let me recommend an important web site churchandstate.org.uk. Operating out of London this well-designed and exciting web site covers church-state, population, climate change and other issues. Check it out.' - Edd Doerr, President, Americans for Religious Liberty