Will the Commission de Surveillance du Secteur Financier accept Declan's request for out-of-court complaint resolution? He is continuing with his complaint against PayPal (Europe) because we do not believe that he has been treated fairly
I wish to sign on as an honorary associate of church and state.
An American Nobel Prize laureate
Our Church and State website has no less than 63 Nobel Laureates on it, 20 of whom are listed as Honorary Associates; for details, see paragraph 2 under "Church and State" on this blog's sidebar. And this despite the never-ending assault on our email.
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).
"In compliance with regulatory requirements, we need you to provide and verify your details. If we don't receive the information by 6 Aug 2021, you won't be able to send or transfer money. Confirm your identity." Declan is then blocked from providing and verifying details on the Network for Church Monitoring account. Only after PayPal (Europe) forced him to complain to the Commission de Surveillance du Secteur Financier was he informed that this alert that has been on the account for the past two weeks, since 7 June, is the result of a known glitch on the system and that he should ignore it.
Source Wikipedia: Daniel H. Schulman (born January 19, 1958) is an American business executive. He is president and CEO of PayPal, formerly serving as group president of enterprise growth at American Express. Schulman was responsible for American Express' global strategy to expand alternative mobile and online payment services, form new partnerships, and build revenue streams beyond the traditional card and travel businesses.
Exasperated, Declan complained on 15 June to Dan Schulman, the President and CEO of PayPal. He then added the email and its attachment to his chat in PayPal Assistant. He next asked the team: "Please can you explain why there is still an alert on my business PayPal dashboard when there is nothing I can do to get through the block that prevents me from providing and verifying my details?" He was then repeatedly told to ignore the email related to the alert but was never provided with an answer to the actual question he asked. The alert that threatens limitations as from 6 August still has not been removed from the Network for Church Monitoring account. Yesterday Declan received a final response from PayPal (Europe) dismissing his complaint and referring any appeal to the Commission de Surveillance du Secteur Financier. The CSSF is the authority responsible for the prudential supervision of companies in the financial sector in Luxembourg. Today Declan complained to the CSSF and no sooner had he emailed Schulman the complaint than he was informed that the alert on the account is the result of a known glitch on the system and that he should ignore it. He is continuing with his complaint because we do not believe that he has been treated fairly, especially taking into account the final response from PayPal (Europe); see his complaint to the CSSF below. This is that second email to Schulman:
On Fri, Jun 18, 2021 at 4:32 PM Declan Heavey wrote:
18 June 2021
Dear Mr Schulman,
I have been dealing with PayPal (Europe) about threatened limitations on my PayPal account called Network for Church Monitoring Limited.
An alert on the account makes clear that in compliance with regulatory requirements you need me to provide and verify my details. It states: "If we don't receive the information by 6 Aug 2021, you won't be able to send or transfer money." Every time I try to provide and verify my details, I am blocked half way through the process.
PayPal (Europe) would only confirm in a final response yesterday that there was no active limitation on my PayPal account. I know this to be the case but am concerned about the threatened limitations as from 6 August. I attach my request for out-of-court complaint resolution with the Commission de Surveillance du Secteur Financier in Luxembourg.
I once again respectfully request that you pass my case onto a customer support agent who can tell me in writing what is going wrong.
Yours sincerely,
Declan Heavey
Managing Director
Network for Church Monitoring
Will the CSSF accept Declan's request for out-of-court complaint resolution?
The above video was posted to YouTube on 16 June. This is Declan's complaint today to the Commission de Surveillance du Secteur Financier following his receipt from PayPal (Europe) of its copyrighted final response to his complaint:
On 17 June 2021, PayPal (Europe) would only confirm in a final response that there was no active limitation on my PayPal account called Network for Church Monitoring Limited. I already knew this to be the case. My complaint referred to an alert showing on my account that threatens limitations as from 6 August 2021 and a block that prevents me from doing anything about this threat. The alert states: "In compliance with regulatory requirements, we need you to provide and verify your details. If we don't receive the information by 6 Aug 2021, you won't be able to send or transfer money. Confirm your identity." There is a video on YouTube that shows that I cannot get past a block that prevents me from adding information about my chairman. The video makes clear that I do not encounter a problem entering information up until this point. On 16 June 2021, I was referred to the Product and Site Support (PSS) department by PayPal Assistant, the company's chat service. The PSS will not deal with me in writing. PayPal (Europe) only provides me with an email address to report limitations when they occur. I do not believe that it is reasonable that I should be expected to deal with this matter over the phone in light of the clear obfuscation of my complaint by PayPal (Europe). I fail to comprehend why this matter cannot be easily resolved in writing when there is a YouTube video that shows the block that prevents me from completing the verification process. I therefore contend that I am being needlessly threatened with limitations as from 6 August 2021, and that I have not been treated fairly by PayPal (Europe), given the company's obfuscation of my complaint.
Submitted on 18 June 2021
__________________________
I can view this PDF on two laptops that are logged into Scribd. On two other laptops that are not logged into Scribd there is a notice that states: "This document has been removed from Scribd." I have never encountered this before. The title of the PDF is "PayPal Assistant". The description reads: "This is a long chat with PayPal Assistant regarding an alert on the Network for Church Monitoring account. It was declared a known glitch on the sixth day of this chat." What Declan was forced to write for six days in row in this chat is highlighted in yellow.
The above video was posted to YouTube on 16 June. This is Declan's complaint today to the Commission de Surveillance du Secteur Financier following his receipt from PayPal (Europe) of its copyrighted final response to his complaint:
On 17 June 2021, PayPal (Europe) would only confirm in a final response that there was no active limitation on my PayPal account called Network for Church Monitoring Limited. I already knew this to be the case. My complaint referred to an alert showing on my account that threatens limitations as from 6 August 2021 and a block that prevents me from doing anything about this threat. The alert states: "In compliance with regulatory requirements, we need you to provide and verify your details. If we don't receive the information by 6 Aug 2021, you won't be able to send or transfer money. Confirm your identity." There is a video on YouTube that shows that I cannot get past a block that prevents me from adding information about my chairman. The video makes clear that I do not encounter a problem entering information up until this point. On 16 June 2021, I was referred to the Product and Site Support (PSS) department by PayPal Assistant, the company's chat service. The PSS will not deal with me in writing. PayPal (Europe) only provides me with an email address to report limitations when they occur. I do not believe that it is reasonable that I should be expected to deal with this matter over the phone in light of the clear obfuscation of my complaint by PayPal (Europe). I fail to comprehend why this matter cannot be easily resolved in writing when there is a YouTube video that shows the block that prevents me from completing the verification process. I therefore contend that I am being needlessly threatened with limitations as from 6 August 2021, and that I have not been treated fairly by PayPal (Europe), given the company's obfuscation of my complaint.
Submitted on 18 June 2021
__________________________
I can view this PDF on two laptops that are logged into Scribd. On two other laptops that are not logged into Scribd there is a notice that states: "This document has been removed from Scribd." I have never encountered this before. The title of the PDF is "PayPal Assistant". The description reads: "This is a long chat with PayPal Assistant regarding an alert on the Network for Church Monitoring account. It was declared a known glitch on the sixth day of this chat." What Declan was forced to write for six days in row in this chat is highlighted in yellow.
New backup Church and State blog
This Church and State blog was temporarily blocked on 14 May 2021. The following categories in my (paid for) backup blog at WordPress are up and running:
British Telecom
Commission de Surveillance du Secteur Financier
Email Interception
Equality and Human Rights Commission
Facebook[1]
Financial Ombudsman
Housing Ombudsman
Investigatory Powers Tribunal
Parliamentary and Health Service Ombudsman[2]
Peabody Trust[3]
Pixsy
St Mungo's
Vandalisation of property
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[1] The lead post in this category reveals that we have had 10.7 million hits in the past three years on Facebook and despite the company's unfair practices.
[2] Posted on 14 May, the lead blog post in this category includes a section on internet cuts and individual laptop interference and a section on TV interference.
[3] Peabody Trust's appalling new terms of tenancy have been added to this category. We live in a Mayor of London Rough Sleepers Initiative designated property.
This Church and State blog was temporarily blocked on 14 May 2021. The following categories in my (paid for) backup blog at WordPress are up and running:
British Telecom
Commission de Surveillance du Secteur Financier
Email Interception
Equality and Human Rights Commission
Facebook[1]
Financial Ombudsman
Housing Ombudsman
Investigatory Powers Tribunal
Parliamentary and Health Service Ombudsman[2]
Peabody Trust[3]
Pixsy
St Mungo's
Vandalisation of property
__________________________
[1] The lead post in this category reveals that we have had 10.7 million hits in the past three years on Facebook and despite the company's unfair practices.
[2] Posted on 14 May, the lead blog post in this category includes a section on internet cuts and individual laptop interference and a section on TV interference.
[3] Peabody Trust's appalling new terms of tenancy have been added to this category. We live in a Mayor of London Rough Sleepers Initiative designated property.
Declan lost this Financial Ombudsman case
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.
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 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 18/06/21)[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.
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 18/06/21)[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.
Six internet cuts this week.
Declan and I pay British Telecom £900 a year for broadband and TV. We have had three BT engineers in our flat to date. No personal equipment, phone line or aerial fault detected. As well as frequent cuts from the internet, individual laptop and TV interference continues unabated. Individual laptop speeds of a fraction of 1 Mbps have not been uncommon since last December. No let up either on the signal quality we get from our second BT TV YouView box. We have always had perfect TV reception on free view channels when we switch to our aerial, and today is no exception in this regard.
12 June: Twenty internet cuts this week, one today. No let up either on individual laptop and TV interference. Will the Parliamentary and Health Service Ombudsman investigate the Information Commissioner's decision that poses a threat to Declan's life? Our Church and State emails virtually obliterated this week too
One of six of my emails this week has been read
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. Only one of my six permission emails this week has been read. Almost certainly, five of these emails were blocked. A success rate of one in five Church and State emails has become the norm for Declan. That was the case again for him earlier this week (above).
15 May: The Investigatory Powers Tribunal considered Declan's complaint and Human Rights Act claim, and concluded that it is obviously unsustainable. It has gotten to the point where sending and receiving emails is like playing in a casino
"The Investigatory Powers Tribunal has carefully considered your complaint and Human Rights Act claim, and has concluded that it is obviously unsustainable, and thus falls within the provisions of Rule 13(3)(a) of the Investigatory Powers Tribunal Rules 2000, such that, pursuant to s67(4) of the Regulation of Investigatory Powers Act 2000, the Tribunal has resolved to dismiss the claim."
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. Only one of my six permission emails this week has been read. Almost certainly, five of these emails were blocked. A success rate of one in five Church and State emails has become the norm for Declan. That was the case again for him earlier this week (above).
15 May: The Investigatory Powers Tribunal considered Declan's complaint and Human Rights Act claim, and concluded that it is obviously unsustainable. It has gotten to the point where sending and receiving emails is like playing in a casino
"The Investigatory Powers Tribunal has carefully considered your complaint and Human Rights Act claim, and has concluded that it is obviously unsustainable, and thus falls within the provisions of Rule 13(3)(a) of the Investigatory Powers Tribunal Rules 2000, such that, pursuant to s67(4) of the Regulation of Investigatory Powers Act 2000, the Tribunal has resolved to dismiss the claim."
"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
Beware the use of "free" photos off the internet - they may not be as free as you think, thanks to automated image recognition tools and dubious use of Creative Commons licensing- as targets of one German photographer found out to their cost: https://t.co/64ryecBz1v
— ComputerWeekly (@ComputerWeekly) November 18, 2020
From My Picks:
18 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
