Part 1: Housing Ombudsman Service. Two days ago Declan complained to Lyn Brown MP about this statutory service. Yesterday our flat door was vandalised. And ISAF's letter to Facebook's COO last month has gotten no results
DAY 154 IN A WEEKLY PERIODIC TENANCY
SUBJECT TO A 'NO FAULT' SECTION 21 NOTICE
MAYOR OF LONDON RSI PROPERTY
14/04/20
With the background as provided above, the Heaveys now are facing an eviction notice from their landlord, Peabody Trust housing association. The tenancy is a flat, which falls under the Mayor of London's Rough Sleepers Initiative. Pardoning my intrusion into English law, but in fairness there does not appear to be any reason for the eviction, relying apparently entirely on the discretion of the landlord.
Joseph R. Carvalko, Esq., American lawyer (full letter here)
Our Church and State website has no less than 59 Nobel Laureates on it despite the never-ending assault on our email; see paragraph 2 under "Church and State" on this blog's sidebar (updated today).
Article 10 of the European Convention on Human Rights and Fundamental Freedoms formulates what is the core of free speech. "Everyone has the right to freedom of expression." In an important interpretation of this article, the European Court of Human Rights in Handyside v. UK (1976) indicated that this "freedom of expression" should be construed as follows. It "is applicable not only to 'information' or 'ideas' that are favourably received, or regarded as inoffensive, or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population". Such are the demands of that pluralism, tolerance and broadmindedness without which there is no "democratic society" (see Cliteur, 2010).
DJ Ruth Fine orders Declan to pay £1,850 in costs
The Central London County Court is based at the Royal Courts of Justice.
Heavey v St Mungo's (2020)
Application hearing for strike out held by conference call before the Central London County Court on 30 June 2020.
What the issue in these court proceedings boiled down to was whether the Court would decide that Declan and I should live in a destabilised tenancy that inhibits our ability to exercise our rights and poses a threat to his life, simply because the Mayor of London-commissioned St Mungo's Tenancy Sustainment Team in North London (TST North) would not even take a phone call to confirm that we are clients of theirs. Declan argued that this was not proportionate and lawful. But District Judge Ruth Fine agreed with counsel for St Mungo's that TST North was not obliged to take such a phone call and ordered him to pay £1,850 in costs. Declan had asked the Judge to take into consideration that St Mungo's had clocked up exorbitant legal fees without mentioning this phone call in their application for strike out.[1] Less than a week later, TST North had agreed to take the phone call for us both. But our landlord Peabody Trust will not renew our tenancy like for like as twice before, thereby preventing us from engaging the Mayor's TST service due to the ongoing destabilisation of our tenancy (Housing Ombudsman ref: 202002510).
30 June: District Judge Ruth Fine orders Declan to pay £1,850 in costs. St Mungo's are under no obligation to even vouch over the phone that we are clients of the Mayor of London-commissioned St Mungo's TST programme (WITH UPDATE 17/10/20)
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[1] On 23 June Batchelors Solicitors sent Declan a £3,407.50 bill of costs. St Mungo's counsel asked the Judge for this exact amount even though, at the time of submitting these costs to the court before the hearing for strike out, St Mungo's had never once mentioned the phone call that was the essence of Declan's claim against this taxpayer-funded charity. In 2017/18, St Mungo's turnover was £89.6 million. Declan's debt to them was cleared by a publishing colleague within 24 hours of my blog post above. Having averted bankruptcy, we now consider that to seek pro se (in person) access to justice in the courts has become far too dangerous for us.
02/07/20
Looks like they could use a bit more money—another $300 would no doubt be a big lift.
There must be a large handling fee for the money transfer!
The poor apparently are still treated in London like Oliver Twist!
So glad you made the transfer so promptly.
These are remarkable people!
Donald A. Collins, Sr.
Founder, International Services Assistance Fund
The Central London County Court is based at the Royal Courts of Justice.
Heavey v St Mungo's (2020)
Application hearing for strike out held by conference call before the Central London County Court on 30 June 2020.
What the issue in these court proceedings boiled down to was whether the Court would decide that Declan and I should live in a destabilised tenancy that inhibits our ability to exercise our rights and poses a threat to his life, simply because the Mayor of London-commissioned St Mungo's Tenancy Sustainment Team in North London (TST North) would not even take a phone call to confirm that we are clients of theirs. Declan argued that this was not proportionate and lawful. But District Judge Ruth Fine agreed with counsel for St Mungo's that TST North was not obliged to take such a phone call and ordered him to pay £1,850 in costs. Declan had asked the Judge to take into consideration that St Mungo's had clocked up exorbitant legal fees without mentioning this phone call in their application for strike out.[1] Less than a week later, TST North had agreed to take the phone call for us both. But our landlord Peabody Trust will not renew our tenancy like for like as twice before, thereby preventing us from engaging the Mayor's TST service due to the ongoing destabilisation of our tenancy (Housing Ombudsman ref: 202002510).
30 June: District Judge Ruth Fine orders Declan to pay £1,850 in costs. St Mungo's are under no obligation to even vouch over the phone that we are clients of the Mayor of London-commissioned St Mungo's TST programme (WITH UPDATE 17/10/20)
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[1] On 23 June Batchelors Solicitors sent Declan a £3,407.50 bill of costs. St Mungo's counsel asked the Judge for this exact amount even though, at the time of submitting these costs to the court before the hearing for strike out, St Mungo's had never once mentioned the phone call that was the essence of Declan's claim against this taxpayer-funded charity. In 2017/18, St Mungo's turnover was £89.6 million. Declan's debt to them was cleared by a publishing colleague within 24 hours of my blog post above. Having averted bankruptcy, we now consider that to seek pro se (in person) access to justice in the courts has become far too dangerous for us.
Declan and I are housed in a flat, owned by Peabody Trust, that is part of the Mayor of London's Rough Sleepers Initiative programme. Alongside our tenancy is access to the Mayor's Tenancy Sustainment Team (TST) at St Mungo's. On 28 July we received District Judge Ruth Fine's Order from the hearing on 30 June (see above). It has come at a cost, but two things are now indisputable: (1) Neither Declan nor I have "the vulnerabilities of those presenting with addictions or mental illness" (Skeleton Argument, Counsel for St Mungo's, para. 5). (2) It is presented as a statement of fact by St Mungo's that our support needs are "solely related to the belief-related harassment, discrimination, intimidation and victimisation" that we routinely face (Skeleton Argument, Counsel for St Mungo's, para. 19(a)). This is day 154 for us in a weekly periodic tenancy under the threat to life of a 'no fault' Section 21 eviction notice. Less than a week after the hearing on 30 June, St Mungo's TST North had agreed to take the phone call that was the essence of Declan's claim. They are now willing to vouch over the phone that we are both clients of this Mayor of London TST service. But Peabody will not renew our tenancy like for like as twice before, thereby preventing us from engaging TST North due to the ongoing destabilisation of our tenancy.
Metropolitan Police Crime Reference No. 5330050/20. Yesterday evening our flat door was vandalised by two thugs with a crowbar. We were in the flat at the time and our double locked door held firm against this forceful attempt to gain entry. See my blog post about this crime incident here.
Last night, after the vandalisation of our flat door, Declan received through the Housing Ombudsman Service (HOS) Peabody's response to him dated 7 September 2020 about new tenancy terms. A couple of days ago, he copied Ombudsman Richard Blakeway into this email to Lyn Brown MP about HOS:
On Thu, 15 Oct 2020 at 16:29, Declan Heavey
For the attention of Richard Blakeway, Housing Ombudsman
Rt Hon Lyn Brown MP
Member of Parliament for West Ham
Address removed for email
15 October 2020
Dear Ms. Brown,
Housing Ombudsman Service
I am writing to you in my capacity as a tenant living in a Mayor of London's Rough Sleepers Initiative designated property in your constituency to make you aware of my serious concerns about the Housing Ombudsman Service (HOS). My landlord, Peabody Trust housing association, has missed three HOS deadlines since 15 June to respond to my Stage 1 complaint about tenancy terms.
Last August I had written to the Rt Hon Robert Jenrick MP, Secretary of State for Housing, Communities and Local Government, before HOS delivered on a commitment to write to Peabody a second time five weeks after their first deadline. On 30 September, no one in HOS would speak to me about my service complaint a week earlier below that should have elicited a response from them within three working days. (Their Complaints Procedure states: "We will let you know within three working days that we have received your service complaint and if we are considering it.") I was then told the following Friday to wait until the close of the day for their response.
This is the 16th working day since my service complaint and I have still heard nothing back from HOS.
Since 17 May 2020, my wife and I have been living in a weekly periodic tenancy under the threat to life of a 'no fault' Section 21 eviction notice. I contend before HOS that the fixed-term tenancy offered is not remotely a like-for-like agreement and inhibits our ability to exercise our rights. I further contend that since Peabody have insisted that they have offered a tenancy "like for like as requested", it is only fair and reasonable that they produce such a document. Instead, Peabody has falsely accused us of not signing a like-for-like agreement, and I have been provided by them with assurances that are not reflected in their new tenancy agreement.
Our legal position in respect to Section 21 possession poses a direct threat to my life. I am a 60-year-old asthmatic with a long history of serious respiratory illness, thus placing me in the high-risk group for COVID-19 and other viral respiratory infections. The new tenancy agreement also has a destabilising effect on our tenancy and inhibits our ability to exercise our rights. For example, my wife cannot resume a volunteer position she held in the community for four years. I am also forced to maintain a suspension on my voluntary work in the community. The level of pressure and uncertainty connected with our tenancy is not only unfair to us but also to the community centre my wife has been volunteering in since June 2016. The centre obviously wants someone who is reliable and able to commit to set days and times.
I would very much like you to raise these issues with the Secretary of State. You can contact me at dheavey@gmail.com or by phone on 0788 043 7681.
Thank you for your help with this matter and I look forward to your response.
Best wishes,
Declan Heavey
Managing Director
Network for Church Monitoring
17 October: Declan asks Peabody to escalate his Stage 1 complaint about new terms of tenancy. Last night we received their response from the Housing Ombudsman Service after our flat door had been vandalised earlier in the evening (crime reference no. 5304416/20)
Comparative screenshots
Peabody has insisted that we have been offered like-for-like terms. Really? Their new clause 24 from section D, by no means our only concern, could force any RSI tenant into declaring bankruptcy in any number of scenarios. Never mind the fact that Peabody missed at least two HOS deadlines since 15 June to respond to Declan's Stage 1 complaint about new tenancy terms.
Like for like? More comparative screenshots:
3 May: Peabody Trust: The appalling terms of tenancy on offer. Declan will seek from the Housing Ombudsman a declaration of incompatibility pursuant to the Human Rights Act 1998 (WITH UPDATE 17/10/20)
Peabody has insisted that we have been offered like-for-like terms. Really? Their new clause 24 from section D, by no means our only concern, could force any RSI tenant into declaring bankruptcy in any number of scenarios. Never mind the fact that Peabody missed at least two HOS deadlines since 15 June to respond to Declan's Stage 1 complaint about new tenancy terms.
Our existing tenancy specifies one month's notice or four weeks' rent when we want to end the tenancy:
The tenancy on offer states that if we do not give Peabody one month's notice before we want to move out, or they do not explicitly accept a surrender of our tenancy in writing after we have given them a month's notice, we will remain liable for rent and service charges until the end of the fixed term:
The tenancy on offer states that if we do not give Peabody one month's notice before we want to move out, or they do not explicitly accept a surrender of our tenancy in writing after we have given them a month's notice, we will remain liable for rent and service charges until the end of the fixed term:
Like for like? More comparative screenshots:
3 May: Peabody Trust: The appalling terms of tenancy on offer. Declan will seek from the Housing Ombudsman a declaration of incompatibility pursuant to the Human Rights Act 1998 (WITH UPDATE 17/10/20)
We no longer have pro se access to the courts
The following is the full content of paragraph 4 under "Church and State" on this blog's sidebar.
4. This eviction matter previously came before District Judge Fine at the Central London County Court on 30 June, when both counsel for St. Mungo's (the charity in effective control of our tenancy) and Declan presented their positions. Declan lost the case and was ordered to pay £1,850 in costs. A publishing colleague in America cleared these costs within 24 hours of my blog post about this hearing for strike out on a related issue that was the essence of Declan's claim, i.e., that St Mungo's would take a phone call to confirm that we are clients of the Mayor of London's RSI programme. Within a week of the hearing, St. Mungo's had agreed to take this phone call for us both, the Court having ruled that they were not obliged to do so despite our circumstances. This time we escaped bankruptcy (counsel for St. Mungo's asked for £3,407.50 in costs), but consider that to seek pro se access to justice in the courts has become far too dangerous for us.
Mayor of London Sadiq Khan
The following is the full content of paragraph 4 under "Church and State" on this blog's sidebar.
4. This eviction matter previously came before District Judge Fine at the Central London County Court on 30 June, when both counsel for St. Mungo's (the charity in effective control of our tenancy) and Declan presented their positions. Declan lost the case and was ordered to pay £1,850 in costs. A publishing colleague in America cleared these costs within 24 hours of my blog post about this hearing for strike out on a related issue that was the essence of Declan's claim, i.e., that St Mungo's would take a phone call to confirm that we are clients of the Mayor of London's RSI programme. Within a week of the hearing, St. Mungo's had agreed to take this phone call for us both, the Court having ruled that they were not obliged to do so despite our circumstances. This time we escaped bankruptcy (counsel for St. Mungo's asked for £3,407.50 in costs), but consider that to seek pro se access to justice in the courts has become far too dangerous for us.
Who can say that Declan does not have opposition?
Declan currently has NatWest Bank (owned by RBS) before the Financial Ombudsman Service (FOS). An investigator at FOS has found that the RBS Executive Case Manager wouldn't have been reasonably aware when she paid Declan compensation on 17 February that there had been some error previously made by NatWest in setting up a replacement standing order on the Network for Church Monitoring business account for the payment of his salary. His complaint about the subsequent cancellation of the standing order without his knowledge or consent that resulted in the non-payment of his salary on 24 February has been passed to the Ombudsman. His salary continues to be paid online by quick transfer from the business account to his personal account pending an ombudsman's final decision. FOS is required to publish final decisions by their ombudsmen on their website.
14 October: NatWest Bank: Declan's complaint about the non-payment of his salary on 24 February has been passed to the Financial Ombudsman for a decision to be published on their website. The never-ending assault on our email continues unabated
The Royal Bank of Scotland Group Headquarters in Gogarburn. The RBS owns National Westminster Bank (NatWest).
Declan currently has NatWest Bank (owned by RBS) before the Financial Ombudsman Service (FOS). An investigator at FOS has found that the RBS Executive Case Manager wouldn't have been reasonably aware when she paid Declan compensation on 17 February that there had been some error previously made by NatWest in setting up a replacement standing order on the Network for Church Monitoring business account for the payment of his salary. His complaint about the subsequent cancellation of the standing order without his knowledge or consent that resulted in the non-payment of his salary on 24 February has been passed to the Ombudsman. His salary continues to be paid online by quick transfer from the business account to his personal account pending an ombudsman's final decision. FOS is required to publish final decisions by their ombudsmen on their website.
FOS investigator: "NatWest have said although the cancellation was processed on the 12th February 2020, it wasn't uploaded for processing until later – so it didn't actually cancel until the 19 February 2020."
14 October: NatWest Bank: Declan's complaint about the non-payment of his salary on 24 February has been passed to the Financial Ombudsman for a decision to be published on their website. The never-ending assault on our email continues unabated
This Mailtrack report relates to Declan's email address.
It's not just my permission emails on space travel (see previous post). This year we have also had major problems getting through by email to a close colleague in Washington DC. This particularly applies to the past three months. One email only got through this week after eight resends. We also know of emails from him and at least two of his op-eds that have also been blocked in the past few months. We were actually surprised that another close colleague in America received Declan's email in relation to his return for Corporation Tax this year, after all the trouble he had filing the return online with HM Revenue and Customs free of prosecution.
26 August: HM Revenue and Customs (day 11): Declan has written to the Financial Secretary to the Treasury. Will he be able today to submit his return online without facing prosecution, when he could have done so last February (WITH UPDATE 28/08/20)
From sidebar (see "Church and State", para. 5):
On 4 September, which also happened to be Declan's 60th birthday, HOS set Peabody their third and final deadline to respond to his complaint. Almost immediately that same day we were unreasonably threatened by Facebook that our Page would be unpublished by them. For the six weeks since 4 September, Facebook have dramatically restricted the distribution of the page from 120-400K a week for years to an unprecedented low 7-8K post reach a week. It hasn't mattered what, when or how often I post. Our Church and State website has been deriving little or no traffic from the page.
17 October (newer post): We have permission to publish this ISAF letter of 30 September to Facebook COO Sheryl Samberg. Facebook has so severely restricted our Page's distribution since 4 September that it's almost as good as an unpublished page
"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 (1930-2020), (then) President, Americans for Religious Liberty
17 October: Part 2: Information Commissioner's Office. We are still waiting for the ICO to engage with Declan about support documents held by the Mayor of London-commissioned St Mungo's that stand in flagrant breach of our written agreement for support and add to the destabilisation of our tenancy (previous post)
