Wednesday, June 15, 2016

Heavey v St Mungo's: Declan makes one last move to try to avert filing for damages in the courts on Friday


County Court at Central London, Royal Courts of Justice

You have asked for nothing but fair play.

Donald A. Collins, President of ISAF, Washington, DC

Brief details of claim

The Claimant has a support agreement, dated 15 April 2016, which requires the Defendant to ensure that any notes recorded from meetings are action notes, and that these are brief notes recording any actions agreed by all parties in the meetings. The Defendant has produced case notes that are inaccurate and false. The Claimant believes that the Defendant has sought to undermine his Support Agreement 2016 by means of the serial abuse of data and misrepresentation (see Particulars of Claim, para. 3). The Defendant has not replied to the Claimant's Letter Before Claim, dated 31 May 2016, nor has the Defendant rectified data or addressed proposed Supplementary Provisions to the Claimant's Support Agreement 2016. The Claimant is therefore making an application to the Court for a declaration that the Defendant has acted unlawfully in holding or uploading information about the Claimant relating to his support, and an order pursuant to Section 14 of the Data Protection Act that the Defendant is to rectify any and all information that it has on the Claimant and provide him with agreement on supplementary provisions to his Support Agreement 2016 to prevent these violations from occurring again.

Value

The Claimant seeks an award of damages for distress amounting to a sum of not more than £1,000, including his costs in respect of this action.

We have been battling the serial abuse of data and misrepresentation by St Mungo's since last February. Twice the homeless charity's Clearing House took Declan to the brink of filing a claim in the Central London County Court. Now it's the St Mungo's Tenancy Sustainment Team (TST) that has been flaunting the Act week in week out since we met TST Service Development Manager Kathleen Sims at our home on 22 April. We are looking for an order from the court that will bring a stop to behaviour that is bordering on the criminal, including, among other things, the retention of damaging data that has been identified by Declan as completely false, a total fabrication that Sims refuses to remove from their Opal system. Declan has his paperwork ready to file with the court on Friday. This is his email to Global Mediation tonight:

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