Saturday, June 26, 2021

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. PayPal (Europe) remains an issue for the European regulator

DAY 406 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, 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).

Mayor of London Sadiq Khan


Declan and I are living in a Mayor of London's Rough Sleepers Initiative (RSI) designated property. We expect that any time now, we will have lost our almost two-year battle to stabilise our tenancy. What started off bad has gotten a lot worse. We have been offered an appalling new tenancy by our landlord Peabody Trust, and we are currently waiting to hear whether or not the Parliamentary and Health Service Ombudsman will investigate Lyn Brown MP's two referrals - the second over six weeks ago - about the Information Commissioner's decision that allows our support provider St Mungo's to continue processing coercive support plans without our knowledge or consent. The Housing Ombudsman has already refused to investigate Ms Brown's referral about Peabody's appalling new terms of tenancy.

Although Peabody is our landlord, we are tenants of the Clearing House, which is part of St Mungo's on behalf of the Greater London Authority (the properties are provided by housing associations such as Peabody). Four months into our tenancy, when a Housing First pilot ended, our support was transferred from the Single Homeless Project to the Tenancy Sustainment Team (TST) at St Mungo's. The Greater London Authority explained: "In other words, at the end of the Housing First pilot, the tenants would revert to being Clearing House tenants and as such would fall to be referred to the TST like all other Clearing House tenants." According to Peabody, there is "an agreed decision by Peabody, St Mungo's TST and Clearing House about the ongoing tenancy".

There is more about the double threat our tenancy poses to Declan's life in the block below titled "We have no pro se (in person) access to the courts". He is a 60-year-old asthmatic with a long history of serious respiratory illness, thus placing him in the high-risk group for COVID-19 and other viral respiratory infections. I can't disagree when he tells me that eviction back to the streets a third time is a massive assault on me. Not only am I likely to lose him to his health condition in no time at all, but I am also likely to be left crippled following a torn meniscus that has had me using a crutch for the best part of a year. Of course, it is self-evident that anyone who is looking at a 'no fault' eviction from a Mayor of London RSI property is in no position to move on. It's a nightmare situation, really. Who would have thought it?

I first tore the meniscus in my right knee last May and tore it again more severely last September. I still need a crutch to get around, even without a backpack for my shopping. Knee supports, crutches and creams... I have tried the lot. Having been referred by my GP to NHS Musculoskeletal Services last month, the earliest I can speak with a physiotherapist is next month over the phone.

We have no pro se (in person) access to the courts


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]

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[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.



From 7-25 June, Declan was subjected to the above alert from PayPal seeking verification of the Network for Church Monitoring account. On 17 June, PayPal (Europe) referred him to the Commission de Surveillance du Secteur Financier (CSSF) in Luxembourg following his complaint that he was being blocked from verifying the account. The next day he complained to the CSSF about unfair treatment. Later that day PayPal Assistant wrote: "[Y]our account has been affected by a known issue or glitch on our system.... Right now, what we can assure you is that the account is perfectly fine, and there's no need for you to worry anymore". On 23 June, PayPal (Europe) instructed Declan to complete the verification, but the exact same block prevented him from doing so. Yesterday the alert was removed. We have received no message from PayPal confirming this removal.

18 June: 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

Third week of June 2021

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



19 June: 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 the exactly the case again this week. Two of my six permission emails this week have been read. Almost certainly, the other four of these emails have been blocked. 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 this week. His Mailtrack report this morning 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





Facebook's suppression tactics with us



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. What, when or how often I posted had little or no effect on the suppression of the post reach on any one given day. This year we had an average 15K-20K in this post reach before I was forced to leave Facebook on 4 February for two months. On 9 March I switched off Facebook 'likes' for more freedom from the platform and any eviction back to the streets for the third time. Later that week I decided to leave the platform for the period of one year rather than risk being banned for life.

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

We have had 10.7 million hits in the past three years on Facebook and despite their unfair practices (10,712,672 million hits as at 13 March to be exact). Our five most popular articles had 6.6 million Facebook likes/shares before I switched off the button for more freedom from the platform (6,585,640 likes/shares as at 9 March to be exact). We expect to have a massively improved site this time next year, and hopefully we will have found someone interested in us who has insiders at Facebook.



From My Picks:

An American perspective: "I read your powerful case against your weird landlord." In reference to the following blog post:

14 May: Threat to life: Will the Parliamentary and Health Service Ombudsman investigate Lyn Brown MP's second referral about the Information Commissioner's decision that allows St Mungo's to continue processing coercive support plans without our knowledge or consent and that poses a direct threat to Declan's life?


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 12:05 am