Wednesday, August 12, 2020

This week St Mungo's wrote to Declan that the customer reference on his payment of £1,850 by court order could not be changed. Will the Financial Ombudsman Service uphold his complaint against NatWest for what happened and what it has cost him to resolve it?

10/08/20

I have sent email correspondence today addressed to St Mungo's Chief Executive, Steve Douglas CBE confirming that the error was entirely NatWest's fault ... I have therefore requested that St Mungo's confirm with you directly that the payment has been correctly allocated on their records in the customer name of Mr Declan * Heavey, in respect of the Court Order dated 30 June 2020.

Julie Whittaker, Complaint Specialist, NatWest Complaints 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).
DJ Ruth Fine orders Declan to pay £1,850 in costs

02/07/20

Looks like they could use a bit more money—another $300 would no doubt be a big lift.
There must be a large handling fee for the money transfer!
The poor apparently are still treated in London like Oliver Twist!
So glad you made the transfer so promptly.
These are remarkable people!

Donald A. Collins, Sr.
Founder, International Services Assistance Fund


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

Heavey v St Mungo's (2020)

Application hearing for strike out held by conference call before the Central London County Court on 30 June 2020.

What the issue in these court proceedings boiled down to was whether the Court would decide that Declan and I should live in a destabilised tenancy that inhibits our ability to exercise our rights and poses a threat to his life, simply because the Mayor of London-commissioned St Mungo's Tenancy Sustainment Team in North London (TST North) would not even take a phone call to confirm that we are clients of theirs. Declan argued that this was not proportionate and lawful. But District Judge Ruth Fine agreed with counsel for St Mungo's that TST North was not obliged to take such a phone call and ordered him to pay £1,850 in costs. Declan had asked the Judge to take into consideration that St Mungo's had clocked up exorbitant legal fees without mentioning this phone call in their application for strike out.[1] Less than a week later, TST North had agreed to take this phone call for us both. But our landlord Peabody Trust will not renew our tenancy like for like as twice before, thereby preventing us from engaging the Mayor's TST service due to the ongoing destabilisation of our tenancy (Housing Ombudsman ref: 202002510).

30 June: 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 12/08/20)

__________________________

[1] Bankruptcy averted! On 23 June Batchelors Solicitors sent Declan their costs amounting to £3,407.50. The counsel for St Mungo's asked the Judge to make him pay that exact amount even though, at the time of submitting these costs to the court, St Mungo's had never mentioned the phone call which was the essence of Declan's claim against this taxpayer-funded charity (who's turnover in 2017/18 came to £89.6 million). Declan's debt to St Mungo's was cleared by a publishing colleague within 24 hours of my blog post above.

On Monday NatWest Complaints wrote to St Mungo's CEO Steve Douglas CBE about the Bank's error in the electronic transfer on 30 July of Declan's payment of £1,850 to St Mungo's by court order - a cashier at NatWest Stratford Broadway branch manually changed his name from Mr Declan * Heavey to Mr D * Henry without his knowledge. Within possibly a couple of hours of NatWest's email to Steve Douglas, Declan was informed by St Mungo's that the customer reference on the payment could not be changed by them. Yesterday we were still waiting for St Mungo's to provide Declan with the confirmation NatWest sought at the highest level of this charity; namely, that "the payment has been correctly allocated on their records in the customer name of Mr Declan * Heavey", to quote from NatWest's subsequent email letter to him. So yesterday afternoon Declan referred his complaint against NatWest to the Financial Ombudsman Service (see further below), and then sent a copy of the complaint to all and sundry. Yesterday evening (at 6.31pm) he received an email from St Mungo's seemingly indicating that he now has an account with St Mungo's. That's new! But at least we have the equivalent of some sort of receipt. The question now is will the Financial Ombudsman Service uphold Declan's complaint against NatWest yesterday for what happened and what it has cost him in terms of time, effort and inconvenience (not to mention distress) to resolve it?

On Tue, 11 Aug 2020 at 18:31, Andrew Smith wrote:
Dear Mr Heavey, 

I acknowledge receipt of £1,850 from you and have allocated this against your account. 

Yours sincerely, 

Andrew Smith ACA
Financial Controller
St Mungo's



Tell us about your complaint - what happened?
On 10 August 2020, NatWest Complaints wrote to St Mungo's CEO Steve Douglas about the Bank's error in the electronic transfer on 30 July 2020 of my payment of £1,850 to St Mungo's by court order - a cashier at NatWest Stratford Broadway branch manually changed my name from Mr Declan * Heavey to Mr D * Henry without my knowledge. Within possibly a couple of hours of NatWest's email to Mr Douglas, I was informed by St Mungo's that the customer reference on the payment cannot be changed by them. I am still seeking from St Mungo's the confirmation NatWest sought from Mr Douglas; namely, that "the payment has been correctly allocated on their records in the customer name of Mr Declan * Heavey", to quote from NatWest's subsequent email letter to me (attached).

How have you been affected - financially or otherwise?
This matter continues to cause me distress and inconvenience because I am still dealing with St Mungo's for the confirmation sought to put things right for me. I have been dealing with this particular matter continually since 30 July 2020 and still there has been no resolution of my complaint against NatWest because of the absence of this confirmation from St Mungo's. There can be no resolution of my complaint against NatWest without this confirmation because of the increased concern generated by the absence of it. The question is raised: why wouldn't St Mungo's provide the confirmation sought by the bank at the highest level of the charity?

How would you like the business to put things right for you?
I would like NatWest to re-open my complaint until such time as it has been resolved and I have received from St Mungo's the confirmation sought to put things right for me. It is not inconceivable that this may involve NatWest having to write to Mr Douglas again. I do not believe that the £30 compensation that I have received from NatWest adequately compensates me for what has happened. Once my case has been resolved (and I have received from St Mungo's the confirmation sought to put things right for me), I would hope for a better acknowledgement of the bank's failure to deliver the level of service I am entitled to expect.

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


Declan also currently has NatWest (owned by The Royal Bank of Scotland) before the Financial Ombudsman Service for the cancellation of a replacement standing order on the Network for Church Monitoring business account without his knowledge or consent. And this after he received an email from RBS on 17 February confirming that this standing order was active, as well as £100 compensation in recognition of his "time, travel costs and inconvenience" in setting up this and another replacement standing order on 12 February. He has been waiting since 25 February for NatWest Complaints to confirm who cancelled the standing order between this email on 17 February and the non-payment of his salary on 24 February. His salary continues to be paid online by quick transfer from the business account to his personal account pending this explanation.

12 August: Facebook's first quadruple block (day 9). Declan may have to ask an ombudsman to look at his complaint against NatWest afresh. It seems that the bank are still saying, in effect, that there was no active Standing order payable to himself on 17 February despite RBS's email to the contrary


The vast majority of my emails seeking permission to republish material on Church and State have been blocked since last March. This applies in particular to material relating to space travel, including all three of my permission emails to America yesterday.

24 May: Excessively targeted category: One of these 24 emails Declan sent to knighted professors yesterday has been read this morning. The only one read! Today Declan will try getting through to 21 Nobel Prize laureates (WITH UPDATE 27/05/20)



"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

Friday, August 07, 2020

The Information Security Manager at St Mungo’s refuses to remove any smear documents this Mayor of London-commissioned charity is holding against Declan (and me). This case is now before the Information Commissioner's Office for a ruling on whether support plans without Declan's signature, knowledge or consent are indeed valid under the Data Protection Act 2018

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).

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

02/07/20

Looks like they could use a bit more money—another $300 would no doubt be a big lift.
There must be a large handling fee for the money transfer!
The poor apparently are still treated in London like Oliver Twist!
So glad you made the transfer so promptly.
These are remarkable people!

Donald A. Collins, Sr.
Founder, International Services Assistance Fund


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

Heavey v St Mungo's (2020)

Application hearing for strike out held by conference call before the Central London County Court on 30 June 2020.

What the issue in these court proceedings boiled down to was whether the Court would decide that Declan and I should live in a destabilised tenancy that inhibits our ability to exercise our rights and poses a threat to his life, simply because the Mayor of London-commissioned St Mungo's Tenancy Sustainment Team in North London (TST North) would not even take a phone call to confirm that we are clients of theirs. Declan argued that this was not proportionate and lawful. But District Judge Ruth Fine agreed with counsel for St Mungo's that TST North was not obliged to take such a phone call and ordered him to pay £1,850 in costs. Declan had asked the Judge to take into consideration that St Mungo's had clocked up exorbitant legal fees without mentioning this phone call in their application for strike out.[1] Less than a week later, TST North had agreed to take this phone call for us both. But our landlord Peabody Trust will not renew our tenancy like for like as twice before, thereby preventing us from engaging the Mayor's TST service due to the ongoing destabilisation of our tenancy (Housing Ombudsman ref: 202002510).

30 June: 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 07/08/20)

__________________________

[1] Bankruptcy averted! On 23 June Batchelors Solicitors sent Declan their costs amounting to £3,407.50. The counsel for St Mungo's asked the Judge to make him pay that exact amount even though, at the time of submitting these costs to the court, St Mungo's had never mentioned the phone call which was the essence of Declan's claim against this taxpayer-funded charity (who's turnover in 2017/18 came to £89.6 million). Declan's debt to St Mungo's was cleared by a publishing colleague within 24 hours of my blog post above.

Declan and I are housed in a flat owned by Peabody Trust that is part of the Mayor of London's Rough Sleepers Initiative (RSI) programme. Alongside our tenancy is access to the Mayor's Tenancy Sustainment Team (TST) at St Mungo's (the charity in effective control of our tenancy). On 28 July we received District Judge Ruth Fine's Order from the hearing on 30 June (see above). It has come at a cost, but two things are now indisputable: (1) Neither Declan nor I have "the vulnerabilities of those presenting with addictions or mental illness" (Skeleton Argument, Counsel for St Mungo's, para. 5). (2) It is presented as a statement of fact by St Mungo's that our support needs are "solely related to the belief-related harassment, discrimination, intimidation and victimisation" we routinely face (Skeleton Argument, Counsel for St Mungo's, para. 19(a)). This is day 83 for us in a weekly periodic tenancy under the threat to life of a 'no fault' Section 21 eviction notice. Less than a week after the hearing on 30 June, St Mungo's TST North had agreed to take the phone call that was the essence of Declan's claim. They are now willing to vouch over the phone that we are both clients of this Mayor of London TST service. But Peabody will not renew our tenancy like for like as twice before, thereby preventing us from engaging TST North due to the ongoing destabilisation of our tenancy (see here). Also, the Information Security Manager at St Mungo's refuses to remove any of the smear documents she is currently holding against Declan (and me). This case is now before the Information Commissioner's Office for a ruling on whether support plans without Declan's signature, knowledge or consent are indeed valid under the Data Protection Act 2018. The only two things this manager has done is properly re-date a letter and retract a statement she made on 24 July that we are no longer clients of TST North (see her reply email further below).

On Mon, 27 Jul 2020 at 11:01, Declan Heavey wrote:
For the attention of Steve Douglas CBE, Chief Executive, St Mungo's

Maya Kotecha
Information Security Manager
St Mungo's

Address removed for email

27 July 2020

Dear Ms Kotecha,

Please can you provide me with a properly dated DH STEN response letter? Your erroneously dated letter is attached. The correct date for this letter would have to be 24 July 2020 or earlier. It certainly cannot be 24 August 2020 (as dated) and it also cannot be after 24 July because I received it from you by email on 24 July. 

Please also find attached my Information Commissioner's Office (ICO) complaint dated 25 July 2020. I note that you state in your letter that I am no longer a TST client. I can only assume the same applies to my wife. I was not previously made aware of this situation but, for the reason presented in my email earlier this month to TST North Service Manager Ilyas Hussein (i.e., the stabilisation of my tenancy), I am not in a position to re-engage the Mayor of London's TST service at this time. Please see that email of 2 July below.

Also presented below is Mr Hussein's email to me earlier that day in response to my request for confirmation that he would be willing to vouch over the phone that I am a client of TST North. "I would ask that you send me a written confirmation/letter that you want me/TST to speak to 3rd party to confirm that you are a TST Client," Mr Hussein wrote. "I would also like for you to email me beforehand so I know whom I am expecting to call me. I wouldn't want any random person to call me asking me to confirm you are a TST Client."  

The Housing Ombudsman Service (HOS) has asked Peabody to respond to my Stage 1 complaint about the appalling new terms of tenancy on offer. It is my hope that HOS, the Equality and Human Rights Commission or some other national representative organisation will help with my tenancy case. Certainly, my pleadings in this regard will include the fact that my wife and I cannot re-engage the Mayor's TST service due to the ongoing destabilisation of our tenancy.

Yours sincerely,

Declan Heavey
Managing Director
Network for Church Monitoring

https://www.mungos.org/team/steve-douglas/

On Mon, 27 Jul 2020 at 11:11, Information Security wrote:
Dear Mr Heavey, 

Please accept my sincere apologies for the errors in my initial letter. 

I have attached the corrected letter to this email, with the correct date and I have removed the part which states you are no longer a client of TST. Again, I apologise for any distress caused by this. 

Thank you for notifying me that you have complained to the ICO, as is your right. We will wait to hear from them and of course respond to any queries or concerns they may have. I will respond to your other email separately. 

Best wishes, 

Maya Kotecha
Information Security Manager
St Mungo’s

Information Commissioner's Office complaint

About your complaint

What is your complaint about?
Ticked: The way an organisation is handling/processing my personal information

What is your complaint? The organisation...
Ticked: won't delete or remove information it holds about me

Please give details
I have asked St Mungo's Information Security Manager Maya Kotecha to remove all support plans that have been processed without my signature, knowledge or consent. Ms Kotecha has not done this and yesterday wrote, "you can contact the ICO: https://ico.org.uk/make-a-complaint/" (see supporting document).

Supporting document type
Response from organisation

Supporting evidence summary
This supporting evidence shows that support plans have been processed without my signature, knowledge or consent. It also reveals that these support plans are being used to undermine my tenancy and me personally (smear documents).

What more could the organisation you're complaining about do to resolve your complaint?
Ms Kotecha could start by removing all support plans that have been processed without my signature, knowledge or consent. This would be done in accordance with: (a) my support agreement which states that there "will be no support plan"; and (b) a written assurance that St Mungo's gave the county court in 2016 that "the records our staff keep are agreed by him". I would then seek the re-closure of the offending support-related categories and the rectification of all other information that is inaccurate and potentially harmful.

Organisation your complaint is about

St Mungo's

Submitted 25/07/20

Who can say that Declan does not have opposition?

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


Declan currently has NatWest Bank (owned by The Royal Bank of Scotland) before the Financial Ombudsman Service for the cancellation of a replacement standing order on the Network for Church Monitoring business account without his knowledge or consent. And this after he received an email from RBS on 17 February confirming that this standing order was active, as well as £100 compensation in recognition of his "time, travel costs and inconvenience" in setting up this and another replacement standing order on 12 February. He has been waiting since 25 February for NatWest Complaints to confirm who cancelled the standing order between this email on 17 February and the non-payment of his salary on 24 February. His salary continues to be paid online by quick transfer from the business account to his personal account pending this explanation.

12 August: Facebook's first quadruple block (day 9). Declan may have to ask an ombudsman to look at his complaint against NatWest afresh. It seems that the bank are still saying, in effect, that there was no active Standing order payable to himself on 17 February despite RBS's email to the contrary


One of C's roles is as managing director of Network for Church Monitoring. Neither C nor his wife have the vulnerabilities of those presenting with addictions or mental illness.

Skeleton Argument, Counsel for St Mungo's


Declan taught PE in Glenstal Abbey, one of Ireland's top schools.

2 June: In the Matter of: Mr. and Mrs. Declan Heavey. Declan receives a character reference from America for the court and this blog that completely and utterly discredits the Mayor of London-commissioned St Mungo's smear documentation against him in particular. We are in a flat that falls under the Mayor's Rough Sleepers Initiative


"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