Thursday, February 18, 2021

NatWest: Will I receive a proper salary later this month? Pixsy's threat of court action remains open and ongoing. Copyright trolling is a pernicious litigation strategy that has become popular with a certain sort of lawyer

WE'VE BEEN FORCED TO LEAVE FACEBOOK FOR TWO MONTHS

9/12/20

Dears

This reminds me of what President Trump has done with the suckers (voters for him) who sent him money because he claimed the Biden election was fraudulent. He collected over $200 million.

These con men can do a lot electronically but enforcing their claim will require bringing a suit. Paying [Pixsy] $249 is just a dispute=a small claim. Which has not been proven.

I would ignore and if the matter requires legal help we will help you but until then I would not send them a dime.

file:///C:/Users/Don/Downloads/002-110889_Unauthorised%20Use%20of%20Image.pdf\

Keep us posted.

Don

Our Church and State website has no less than 60 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).



This year no sooner had Declan set up online two new standing orders on the Network for Church Monitoring account than he discovered that a standing order had been "Retained" by National Westminster Bank (NatWest) after final payment earlier this month, see yellow highlighting above. He was then told by the bank that there was "no explanation" for the retention of the standing order. Last February Declan did not receive his salary by standing order. Will I receive a proper salary later this month? Declan's email over a week ago on this issue has been acknowledged but not responded to:

On Wed, 10 Feb 2021 at 16:57, Declan Heavey wrote:
10 February 2021

Dear NatWest Complaints Team,

This afternoon a member of your team cancelled a standing order on the Network for Church Monitoring account that was payable to my wife. It had been retained by NatWest after final payment on 8 February 2021. I had just set up online two new standing orders, one payable to myself and one payable to my wife, for the amount of £144 fortnightly.

It appears that although the cancellation was processed today, it may not have been uploaded for processing until later. In February 2020, my salary wasn't paid by standing order due to late processing. A Financial Ombudsman investigator wrote to me that: "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."

Please can you assure me that my wife will receive a proper salary on ** February 2021?
 
Yours faithfully,

Declan Heavey
Managing Director
Network for Church Monitoring

The Financial Ombudsman's final decision to be published on their website next month?

The Royal Bank of Scotland Group Headquarters in Gogarburn. The RBS owns National Westminster Plc (NatWest).


Declan has been dealing with the Financial Ombudsman Service (FOS) about the RBS's NatWest since February 2020 following the non-payment of his salary by standing order. The Financial Ombudsman has effectively found in a final decision in this case 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 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). Below is a link to Declan's response to the ombudsman's decision not to uphold his complaint. FOS has told him that he can expect the decision to be published on their website next month.

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."


26 January: NatWest Bank: Declan responds to the Financial Ombudsman's final decision for their website. Pixsy continues to chase payment for the past non-commercial use of one image on the Church and State website

With reference to the non-payment of Declan's salary by standing order last February, the Financial Ombudsman investigator (not the ombudsman) wrote that "when the executive team wrote to you, they wouldn't have been reasonably aware a cancellation was in the system and would've seen two standing orders set up - one for your [sic] and one for your wife". This is that email from RBS Executive Case Manager Mandy Durkin:

On Mon, 17 Feb 2020 at 17:02, Durkin, Mandy (Executive Response Team) wrote:
Our Ref: PHO-0264121920
17 February 2020

Dear Mr Heavey

Re: Network for Church Monitoring Ltd.

Thank you for your recent emails addressed to Alison Rose, our Chief Executive. Alison has passed your correspondence to me and asked that I contact you on her behalf.

Please accept my apologies for the recent issues and poor service you have described in connection with setting up replacement standing orders. You have outlined that the instructions were taken incorrectly by Tom McKeon on your initial visit to NatWest Stratford Broadway Branch on 11 February 2020 and that you have had need to duplicate the request and visited another branch as a result.

I have discussed your concerns with Tom, who conveyed his apologies and confirmed that he had set up the instruction incorrectly and not verified the payment frequency. Regrettably, this failure has initiated your subsequent follow up contacts to the bank in order to seek correcting actions. I am sorry for the administration errors and lack of support you've described receiving. From my review of bank records I can confirm that the correcting actions are now completed in full.

All previous lapsed and incorrect standing orders have been cancelled. There are now two remaining active standing orders that have been set up as you requested, one payable to yourself and one payable to Mrs Heavey, for the amount of £140 fortnightly. The instructions are set up with an initial payment date of 24 February 2020 and a final payment date of 8 February 2021, against the reference *****400.

I am genuinely sorry for the trouble and frustration we have caused you. While there is no substitute for getting things right first time, I have credited £100 compensation to account number ending *400 in recognition of your time, travel costs and inconvenience in this case.

Once again, thank you for taking the time to bring this matter to our attention and allowing me the opportunity to address your concerns. I trust that these actions have resolved matters for you. Please don't hesitate to contact me should you have any further questions or queries in this regard.

Although I hope it won't be necessary, I am obliged to advise you that you have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this email. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances (for example, if the Ombudsman believes that the delay was as a result of exceptional circumstances). Further information about the service is available in their leaflet http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm and on their website www.financial-ombudsman.org.uk

Yours sincerely

Mandy

Mandy Durkin | Executive Case Manager| Customer Service & Operations | Commercial Banking

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 11/02/21)[1]

__________________________

[1] Part of the Mayor of London's RSI programme in our case is access to the Mayor's Tenancy Sustainment Team (TST) at St Mungo's.


The non-payment of Declan's salary by standing order last February is the first of three complaints he submitted to FOS for resolution before the year's end. Bad as was the non-payment of his salary by standing order (he then chose to pay his salary manually for an entire year), it didn't come close to what he encountered later in the year when a cashier at NatWest Stratford Broadway branch manually changed his surname from Heavey to Henry before transferring £1,850 to St Mungo's by court order. This was another complaint not upheld by FOS, notwithstanding that Declan received £30 compensation with a final decision letter before the error was resolved with St Mungo's.



A couple of months later I then discovered online that NatWest had made another (unsolicited) error with the spelling of the payee's surname from Heavey to Haeavey.



I covered both of these additional complaints in my blog post of 8 November 2020. FOS's third investigation into the second name change started today under a new case number. After Declan pursued NatWest's third referral to FOS (and for the second time for an explanation), the bank shifted the goalposts in respect of the complaint. They wrote that I needed to raise the complaint with them, even though the change to the payee name relates to Declan's account. I'm just the one that discovered the name change when I attempted to send him a payment. It remains to be seen how FOS will rule on this and whether Declan will have to again appeal the investigator to the ombudsman for another decision to be published on their website.

The never-ending assault against our basic right to send and receive email without interference

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

We do not have a figure for the number of blocked emails to a close colleague in Washington, DC, but taking all the 5-8 resends into account, it certainly runs into hundreds. It has been weeks since we have been able to send an email directly to him.


For months we experienced an almost total blockade of our emails to prominent space advocates anywhere in the world (only the latest targeted group). That blockade extended to an offer of financial help to us personally the week before Christmas 2020. We continue to have problems sending and receiving emails and op-eds when it comes 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. When it comes to space travel, we most recently 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


TV interference: Eleven days this month it's been 0% Signal Quality and that includes the last three days in row (three days in a row last week also)



2 January: We have once again lost all free view channels using our second BT TV YouView box (day 4). This time it's on an on-off basis and by far more off than on. Four cuts during this period on what's left on HDMI input without these channels. We have had three BT engineers in our flat to date to no avail. No equipment, phone line or aerial fault detected. When we switch from HDMI to Antenna, we have always had and continue to have perfect reception on free view channels using our aerial.

6 January: British Telecom: No let up on inference on individual TV channels using our second BT YouView box. The blockade of Church and State emails has extended to the sabotage of an offer of financial help to us personally. Pixsy's threat to Church and State remains open and ongoing

Laptop interference: This month it's been cut the targeted laptop from the internet and Download speed as low as 0.16 Mbps (0.33 Mbps last week)



The targeting of one or more of our four operational laptops kicked off again in December 2020. It's either cut the targeted laptop(s) from the internet or slow down speeds. Seldom, if ever, are two laptops treated the same way at any one time, unless we have been cut off the internet altogether for anything up to 7 days to date.

7 February 2019: The targeting of our two primary laptops runs into a record-breaking third month. My primary laptop has been targeted for over three months (WITH UPDATE 23/12/20)




UK Government Communications Headquarters (GCHQ)

From My Picks:

More about Facebook in this post.

18 February: Pixsy (day 100): I have found Declan's Motion to Dismiss to fight their threatened court action in an article titled "Defense Against the Dark Arts of Copyright Trolling". No sooner had we heard from them than they were named and shamed by Computer Weekly and it's a truly sickening read (updated daily)



Our list of 289 Honorary Associates includes 18 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