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
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).
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.
St Mungo's Head of Quality and Information Security Andrew McCarthy finally removed on 23 September slanderous and defamatory information about Declan from their database. However, he has not removed support plans that stand in flagrant breach of our support agreement (stating inter alia that there "will be no support plan"), that we never even knew existed, that are riddled with gross inaccuracies, and that add to the destabilisation of our tenancy. We are still waiting for the Information Commissioner's Office to engage with Declan about this; see my post of 6 October: Information Commissioner's Office tell Declan that they may make a decision without further information from him about the Mayor of London-commissioned St Mungo's. But the buck stops with the Parliamentary and Health Service Ombudsman. We no longer have pro se access to the courts. St Mungo's even allege in these documents that Declan is not working, which they know to be false. This latest battle with St Mungo's senior management to try to stabilise our tenancy follows after Declan resolved another matter with them involving NatWest Bank. On 10 August, NatWest Complaints wrote to St Mungo's CEO Steve Douglas CBE about the bank's error in the electronic transfer on 30 July of Declan's payment of £1,850 to St Mungo's by court order - a cashier at NatWest Stratford Broadway branch manually changed his name from Mr Declan * Heavey to Mr D * Henry without his knowledge. It was left up to Declan to resolve this matter himself after St Mungo's responded following the confirmation NatWest sought from them by confirming only that the customer reference on the payment could not be changed by them. Nonetheless, on 16 September, an investigator at Financial Ombudsman Service wrote: "I understand your worries in that NatWest keyed the reference for your payment incorrectly, but given the evidence I've reviewed, I'm satisfied NatWest acted fairly." This was Declan's reply to her initial contact with him:
27 August 2020
Dear Ms Smith,
Thank you for your email. Please find attached a copy of the payment instructions, which include the correct reference. You will find all the information you require in the one attachment, but if you would prefer better please let me know.
Please note that firstly I am unhappy that the cashier at NatWest Stratford Broadway branch manually changed my name from Mr Declan * Heavey to Mr D * Henry when sending a payment of £1,850 to St Mungo's by court order. I am also unhappy that NatWest referred me to the Financial Ombudsman Service (FOS) before my complaint was resolved. It was left up to me to resolve this matter after St Mungo's responded following the confirmation NatWest sought from them by confirming only that the customer reference on the payment could not be changed by them. It was only after I provided St Mungo's with a copy my FOS complaint that the matter was finally resolved by me (not NatWest).
NatWest have acknowledged their error in part. They have not acknowledged that I was left to resolve this matter myself. I do not believe that NatWest has adequately compensated me for the distress and inconvenience caused; the latter both in terms of my time and the effort it took from me to resolve this matter as quickly as possible. On 11 August 2020, St Mungo's wrote: "I acknowledge receipt of £1,850 from you and have allocated this against your account." I only received this effective receipt for the payment after I provided them with a copy my FOS complaint. But I do not need to hear back further from St Mungo's about whether they received the payment.
Yours sincerely,
Declan Heavey
Tell us about your complaint - what happened?
On 10 August 2020, NatWest Complaints wrote to St Mungo's CEO Steve Douglas about the Bank's error in the electronic transfer on 30 July 2020 of my payment of £1,850 to St Mungo's by court order - a cashier at NatWest Stratford Broadway branch manually changed my name from Mr Declan * Heavey to Mr D * Henry without my knowledge. Within possibly a couple of hours of NatWest's email to Mr Douglas, I was informed by St Mungo's that the customer reference on the payment cannot be changed by them. I am still seeking from St Mungo's the confirmation NatWest sought from Mr Douglas; namely, that "the payment has been correctly allocated on their records in the customer name of Mr Declan * Heavey", to quote from NatWest's subsequent email letter to me (attached).
How have you been affected - financially or otherwise?
This matter continues to cause me distress and inconvenience because I am still dealing with St Mungo's for the confirmation sought to put things right for me. I have been dealing with this particular matter continually since 30 July 2020 and still there has been no resolution of my complaint against NatWest because of the absence of this confirmation from St Mungo's. There can be no resolution of my complaint against NatWest without this confirmation because of the increased concern generated by the absence of it. The question is raised: why wouldn't St Mungo's provide the confirmation sought by the bank at the highest level of the charity?
How would you like the business to put things right for you?
I would like NatWest to re-open my complaint until such time as it has been resolved and I have received from St Mungo's the confirmation sought to put things right for me. It is not inconceivable that this may involve NatWest having to write to Mr Douglas again. I do not believe that the £30 compensation that I have received from NatWest adequately compensates me for what has happened. Once my case has been resolved (and I have received from St Mungo's the confirmation sought to put things right for me), I would hope for a better acknowledgement of the bank's failure to deliver the level of service I am entitled to expect.
Case closed 16/09/20
The Royal Bank of Scotland Group Headquarters in Gogarburn. The RBS owns National Westminster Bank (NatWest).
Declan still has NatWest (owned by RBS) before the Financial Ombudsman Service. Another 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
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.
This Mailtrack report relates to my email address.
It's not just our emails to a close colleague in Washington DC (see newer post). Since last March, the majority of my emails seeking permission to republish material on our Church and State website have not gotten through to people. Particularly targeted are my emails relating to space travel, and this month has been no exception in this regard. Declan has even tried using his mobile phone to get one of my emails through to a leading astronaut but could only get a business voice mail. Many times I have asked in this blog, "What's so special about space travel?"
9 October: Yesterday I received no Mailtrack alerts and this morning no Mailtrack report. Almost certainly my two permission emails yesterday to space advocates were blocked. Today Declan will email 20 distinguished scientists and experts. It wouldn't be the first time that not one of his 20 emails gets through
14/08/19
I have looked at the long correspondence regarding your tenancy and clearly you have made a powerful case for the unconscionable behavior of the agency in control of your tenancy [St Mungo's].
Donald A. Collins
Founder, International Services Assistance Fund
Declan taught PE in Glenstal Abbey, one of Ireland's top schools.
2 June: In the Matter of: Mr. and Mrs. Declan Heavey. Declan receives a character reference from America for the court and this blog that completely and utterly discredits the Mayor of London-commissioned St Mungo's smear documentation against him in particular. We are in a flat that falls under the Mayor's Rough Sleepers Initiative
St Mungos management were repeatedly warned by their staff via Unite that their actions weere unethical, damaged the work of front line staff and were likley to be unlawful. The same senior managers remain in place https://t.co/ZSXwq3Xd81 #homelessness #ukhousing @labhomeless_cam
— UniteHousingWorkers (@UniteHousing) November 5, 2019
Our list of 285 Honorary Associates includes 16 Nobel Prize laureates, 11 US National Medal of Science laureates and 12 knighted professors notwithstanding the excessive targeting of these three categories of emails in particular.
http://churchandstate.org.uk/honorary-associates/
"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 1: Housing Ombudsman Service. Declan has complained to Lyn Brown MP about this statutory service. Our flat door has been vandalised (crime reference no. 5330050/20). And ISAF's letter to Facebook's COO last month has gotten no results (newer post)
