Pixsy have escalated their outrageous threat to our Church and State website (day 57). The Equality Advisory and Support Service distorts and dismisses Declan's case of discrimination. And the never-ending assault on our email has resulted in the sabotage of an offer of financial help to us personally
9/12/20
Until a license is purchased, this matter remains open and ongoing.
James (no surname), Pixsy Case Management Team
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).
Fourth Notice: Unauthorized Use of Mr. Hiltscher's Image - Case Reference: 002-110889
Yesterday Declan received the equivalent of Pixsy's fourth notice threatening him with court action (see their Third Notice here). For the second time they assure us that the next time we hear from them their case will have been escalated externally. They also misleadingly give the impression that Declan has not responded to their claim when he has repeatedly done so both in writing (twice acknowledged in writing by them) and by phone (four times). He has twice gotten to speak with someone in Pixsy about this case. As soon as they issue us a claim letter, I will be announcing the fact on Twitter, pointing out that this is for our past non-commercial use of one image on the site that I couldn't have possibly known was copyright-protected and needed a license. Declan will then make an open application to Advocate, the Law Society's pro bono unit for legal representation. I found the image here. Pixsy have been pursuing us for almost two months (57 days), but don't seem to care in the least about a website that is running a score of this client's images without authorisation. They are, of course, entitled to do this but it would make for an interesting question in a court of law in our view. Just what is motivating them when it comes to Network for Church Monitoring? They have been informed of our actions and the non-profit's limited financial condition, of which they seem to care not one iota. We actually live below the poverty line and are currently being threatened with eviction back to the streets for the third time through no fault of our own (see "Peabody's threat to Declan's life" below). We also do not consider it irrelevant to this case to mention the fact that the almost total blockade of our Church and State emails revealed in this blog post extended to the sabotage of an offer of financial help to us personally last month.
9/12/20
I would have no contact whatsoever with these Charlatans!!!!!!!!!
They offer installment payments--a sign of scam in my view.
10 December: We get two reactions from America to Pixsy's Second Notice yesterday. Both are spot-on in our view
Almost immediately after Declan received Pixsy's second notice on 9 December 2020, he received an email from the Financial Ombudsman acknowledging receipt of his response of 24 November 2020 to a provisional decision. There's still nothing on this ombudsman's website about NatWest's non-payment of his salary last February.
The Royal Bank of Scotland Group Headquarters in Gogarburn. The RBS owns National Westminster Bank (NatWest).
Declan has had RBS's NatWest before the Financial Ombudsman Service (FOS) since 25 February 2020 following the non-payment of his salary by standing order. The Financial Ombudsman has effectively found in a provisional decision that the Executive Case Manager at RBS wouldn't have been reasonably aware when she paid Declan compensation on 17 February 2020 - in recognition of issues he had experienced in setting up two replacement standing orders on the Network for Church Monitoring business account - that there had been some error previously made by NatWest in setting up the replacement standing order for the payment of his salary. Declan's 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 2020 was passed by the investigator to an ombudsman, who is the former Team Manager at FOS and has held roles at Alliance and Leicester (now Santander). His salary continues to be paid online by quick transfer from the business account to his personal account pending this ombudsman's final decision that will be published on their website. Below is a link to Declan's response to the ombudsman's provisional decision.
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."
24 November 2020: NatWest Bank: Declan responds to the Financial Ombudsman's provisional decision for their website. Pixsy had just chased for the fourth time in two weeks payment for the past use of one image on the Church and State website
The above is the first of three complaints Declan submitted last year to FOS for resolution. This image from online banking reveals the second time in two months that we discovered that NatWest had made an error with the spelling of his surname:
Bad as that was, it didn't come close to a cashier at NatWest Stratford Broadway branch manually changing Declan's surname from Heavey to Henry before transferring £1,850 to St Mungo's by court order. I covered all three of these complaints to FOS in one blog post on 8 November 2020. FOS's third investigation into the second name change hasn't started yet, although they've asked for further documents under a new case reference number (PNX-3922737-R0H9). Since NatWest referred him to FOS this third time, they've changed the goalposts in respect of the complaint. They now say that I need to raise the complaint with them, even though the change to the payee name in question relates to Declan's account. I'm just the one that discovered the name change when I attempted to send him a payment.
Peabody's threat to Declan's life
This is day 235 for us living under the threat to life of a no fault eviction by Peabody Trust. We live in a Mayor of London's Rough Sleepers Initiative (RSI) designated property. Peabody's new terms of tenancy are not only not fair or reasonable, but have forced us into a weekly periodic tenancy that poses a threat to Declan's life and inhibits our ability to exercise our rights. Peabody continue to insist that we have been offered a tenancy "like for like as requested", and that effectively there are no material differences between the two tenancy agreements. On 14 December 2020, Lyn Bown MP agreed to refer the case to the Housing Ombudsman. Declan's complaint for referral to the Equality and Human Rights Commission was distorted and dismissed by the Equality Advisory Support Service. It's currently with Ms Brown for referral to the Commission. We no longer have pro se access to the courts (see next block).
5 January: Peabody Trust (death threat): Declan has asked Lyn Brown MP for the referral of his complaint to the Equality and Human Rights Commission as well as the Housing Ombudsman. There may be nothing we can do about the Equality Advisory Support Service's distortion and dismissal of the complaint
Mayor of London Sadiq Khan
This is day 235 for us living under the threat to life of a no fault eviction by Peabody Trust. We live in a Mayor of London's Rough Sleepers Initiative (RSI) designated property. Peabody's new terms of tenancy are not only not fair or reasonable, but have forced us into a weekly periodic tenancy that poses a threat to Declan's life and inhibits our ability to exercise our rights. Peabody continue to insist that we have been offered a tenancy "like for like as requested", and that effectively there are no material differences between the two tenancy agreements. On 14 December 2020, Lyn Bown MP agreed to refer the case to the Housing Ombudsman. Declan's complaint for referral to the Equality and Human Rights Commission was distorted and dismissed by the Equality Advisory Support Service. It's currently with Ms Brown for referral to the Commission. We no longer have pro se access to the courts (see next block).
5 January: Peabody Trust (death threat): Declan has asked Lyn Brown MP for the referral of his complaint to the Equality and Human Rights Commission as well as the Housing Ombudsman. There may be nothing we can do about the Equality Advisory Support Service's distortion and dismissal of the complaint
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)
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 2020, 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 the 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.
30 June 2020: 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 06/01/21)
The Central London County Court is based at the Royal Courts of Justice.
Heavey v St Mungo's (2020)
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 2020, 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 the 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.
30 June 2020: 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 06/01/21)
Metropolitan Police Crime Reference No. 5330050/20. On 16 October 2020, our flat door on the 2nd floor was vandalised by two thugs with a crowbar. Declan and I were in the flat at the time and fortunately our double locked door held firm. It's my opinion that they just wanted to break the door lock but didn't have enough time. The communal door lock downstairs wasn't broken, and on 11 November 2020 that lock was changed. Our flat door was repaired by a security contractor on 1 December 2020 with silicone sealant and glue gun. The police closed the case within two days of the crime due to a lack of evidence.
Offer of financial help sabotaged
For months we have been dealing with an almost total blockade of our emails to prominent space advocates anywhere in the world (only the latest targeted group). That blockade extended to the sabotage of an offer of financial help to us personally last month. We continue to have major problems getting our emails through to a close colleague in Washington, DC. Declan's use of his mobile phone to try to get my permission emails through to prominent space advocates has also proven unsuccessful. On both recent occasions the leading expert could only be reached through voice mail because, we assume, of the pandemic that is still raging in America. Most recently, we have had the honour of listing a Hall of Famer astronaut among our Honorary Associates. It was one of the few emails that we have gotten through to prominent space advocates since last September. (A distinction is made here between a prominent space advocate and someone who has written an article about space travel. I do get some permission emails through to space writers, but regrettably not very many and only occasionally.)
23 December 2020: The blockade of Church and State emails extends to the sabotage of an offer of financial help to us personally. Pixsy with their outrageous Third Notice threaten our Church and State website. And Declan's primary laptop targeted this afternoon
For months we have been dealing with an almost total blockade of our emails to prominent space advocates anywhere in the world (only the latest targeted group). That blockade extended to the sabotage of an offer of financial help to us personally last month. We continue to have major problems getting our emails through to a close colleague in Washington, DC. Declan's use of his mobile phone to try to get my permission emails through to prominent space advocates has also proven unsuccessful. On both recent occasions the leading expert could only be reached through voice mail because, we assume, of the pandemic that is still raging in America. Most recently, we have had the honour of listing a Hall of Famer astronaut among our Honorary Associates. It was one of the few emails that we have gotten through to prominent space advocates since last September. (A distinction is made here between a prominent space advocate and someone who has written an article about space travel. I do get some permission emails through to space writers, but regrettably not very many and only occasionally.)
23 December 2020: The blockade of Church and State emails extends to the sabotage of an offer of financial help to us personally. Pixsy with their outrageous Third Notice threaten our Church and State website. And Declan's primary laptop targeted this afternoon
I am truly appalled by the unlawful violation of the Heavey's basic right to send and receive email without interference. I would be most grateful for anything you may be able to do by way of taking measures to correct this gross abuse.
An American professor to then Home Office Minister Lynne Featherstone in 2010
UK Government Communications Headquarters (GCHQ)
Facebook's suppression tactics with us
The following information was last updated on 1 January. It will be updated again on 1 February and thereafter on the 1st day of every month this year.
On 4 September 2020, which also happened to be Declan's 60th birthday, the Housing Ombudsman Service set our landlord Peabody Trust a third and final deadline to respond to his Stage 1 complaint. Almost immediately that same day we were unreasonably threatened by Facebook that our Page would be unpublished by them. For the rest of the year, the distribution of the page was dramatically reduced from 120-400K to an average 5-10K post reach for the previous seven days. The New Year has kicked off with a suprising 22k post reach for the previous week. Not once in the last third of last year did we surpass 20K in this post reach. What, when or how often I post continues to have little or no effect on the suppression of the post reach on any one given day.
17 October 2020: 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
The following information was last updated on 1 January. It will be updated again on 1 February and thereafter on the 1st day of every month this year.
On 4 September 2020, which also happened to be Declan's 60th birthday, the Housing Ombudsman Service set our landlord Peabody Trust a third and final deadline to respond to his Stage 1 complaint. Almost immediately that same day we were unreasonably threatened by Facebook that our Page would be unpublished by them. For the rest of the year, the distribution of the page was dramatically reduced from 120-400K to an average 5-10K post reach for the previous seven days. The New Year has kicked off with a suprising 22k post reach for the previous week. Not once in the last third of last year did we surpass 20K in this post reach. What, when or how often I post continues to have little or no effect on the suppression of the post reach on any one given day.
17 October 2020: 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
From My Picks:
6 January 2021: Equality Advisory Support Service: Targeted blindness? We were told yesterday that Lyn Brown MP will let us know by the end of next week whether she will refer Declan's complaint of discrimination against Peabody Trust to the Equality and Human Rights Commission (newer post)
Our list of 287 Honorary Associates includes 17 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
