Wednesday, June 23, 2021

NatWest Bank: We're still waiting to know whether a standing order instruction will be retained on the Bank's systems next February following final payment. We're also waiting for the Financial Ombudsman to rule on the second time last year we discovered the misspelling of Declan's surname on his account

DAY 403 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 63 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).



Last February, 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 that month (highlighted in yellow above). He was subsequently informed by NatWest that this could only have happened because they were upholding a request in this regard (no longer available on their systems), but Declan retains proof that he did not request that the details of one of those earlier standing order instructions be retained on their systems following the final payment. His email to NatWest Customer Service and Operations almost four months ago on this issue has been acknowledged but not responded to:

On Mon, 1 Mar 2021 at 17:28, Declan Heavey wrote:
1 March 2021

Dear Mr Rhymes,

Thank you for your email.

When the standing order to which you refer was set up on 11 February 2020, I did not request that the details of that standing order instruction be retained on your systems following the final payment. Although that standing order was cancelled on 10 February 2021, I do still have the two-page print out of the details of this for me to advise you of the specific details regarding this instruction.

Please can you advise me whether or not the details of the two standing orders currently on this account will be retained on your systems following the final payment, and if so, why? I again respectfully request that you deal only in writing with me about this.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

Declan lost this Financial Ombudsman case

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


Declan dealt with the Financial Ombudsman Service (FOS) about the RBS's NatWest for over a year following the non-payment of his salary by standing order. The Financial Ombudsman 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 published decision not to uphold his complaint.

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

The above complaint concerning the non-payment by standing order of Declan's salary was only the first of three complaints about NatWest that he submitted to the FOS last year for resolution. The first of the other two complaints involved the wayward transfer in branch of £1,850 to St Mungo's by court order, after the cashier manually changed Declan's surname from Heavey to Henry. This was another complaint not upheld by the FOS, notwithstanding that Declan received £30 compensation with a final decision letter before the error was resolved with St Mungo's.



The FOS's third investigation is ongoing and relates to the second time, on 7 October 2020, we discovered that NatWest had made an error with the spelling of Declan's surname (Haeavey). I made the discovery when I attempted to make a payment to him online:



20 March: No quick fix from the Financial Ombudsman again this year. We're still waiting to be made public this Ombudsman's decision about the non-payment by standing order of Declan's salary last year. Laptop interference continues unabated

DJ Ruth Fine orders Declan to pay £1,850 in costs


The Central London County Court is based at the Royal Courts of Justice.

The following is the full content of paragraph 4 under "Church and State" on this blog's sidebar that has been updated today.

4. This eviction matter came before District Judge Ruth 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. Declan currently has before the Parliamentary and Health Service Ombudsman the decision of the Information Commissioner that allows St Mungo's to continue processing coercive support plans without our knowledge or consent and that also poses a threat to his life.

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 19/06/21)[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.


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



It has gotten to the stage where if I want to increase my chances of getting through to new people an email seeking permission to republish an article on Church and State, I must wait until I have at least three high quality permission emails to send. That was exactly the case for me twice last week. A success rate of one in five Church and State emails has become the norm for Declan. That was exactly the case for him twice last week too.




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

8 June: Pixsy (day 210): 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




From My Picks:

22 June: Eviction back to the streets a third time from a Mayor of London Rough Sleepers Initiative property is a death sentence for Declan and I am likely to be left physically crippled for life. The never-ending assault on our email continues unabated (regularly updated)

Mayor of London Sadiq Khan


Our list of 305 Honorary Associates includes 20 Nobel Prize laureates, 18 US National Medal laureates and 13 knighted professors notwithstanding the excessive targeting of these categories of emails in particular. (In April Declan had the honour of adding the 20th Nobel laureate to the list, having had an average of 85% of his emails blocked for over a week.)

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

at 11:26 am