Application to the Court to vary judgment

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description

Application of Declan and Lola Heavey to have an order for the accelerated possession of their flat varied.

Transcript of Application to the Court to vary judgment

Declan Heavey <[email protected]>

Extraordinary series of circumstances

Declan Heavey <[email protected]> Fri, Oct 19, 2012 at 5:54 PMTo: [email protected]: [email protected], [email protected], [email protected]

FAO: Rt Hon Iain Duncan Smith MP, Secretary of State for Work and Pensions; Terry Moran, ChiefOperating Officer, Department for Work and Pensions

Mr James ReedChairmanReed Group Address removed for email

BY EMAIL AND POST

19 October 2012

Dear Mr Reed

I am writing to you as the director of the Network for Church Monitoring (N4CM). Please treat this letter as mywife's and my attempt to convey to you an extraordinary series of circumstances that may affect ourparticipation in the Work Programme as delivered by Reed in Partnership (of Reed Group) for the Departmentfor Work and Pensions (DWP).

As a result of a series of written threats last January made by our live-in landlady, human rights activist BelindaMcKenzie, we have had to take measures such as requesting from the DWP separate times to sign on forJobseeker's Allowance (JSA) so that one of us is always in the flat to prevent the dismantling of our kitchenand/or bathroom, etc. The Secretary of State for Work and Pensions, the Rt Hon Iain Duncan Smith, hasdecided only to agree to allocate us separate signing times if possible, meaning my wife's JSA has been andremains under constant threat of termination. This matter is currently with the Independent Case Examiner. SinceMs McKenzie's builder's removal of our flat door on 27 July 2012 - while we were in the flat! - I have had tolodge a non-recording appeal with the Independent Police Complaints Commission (IPCC) following the police'sfailure to record my complaint against the patrol sergeant who turned up at the scene (see IPCC email below).

MI5 whistleblower David Shayler lived for a couple of years in one of the rooms below us until 2007. It isunfortunate Mr Shayler then declared that he was the Messiah, became a squatter, and was subsequentlyridiculed in the press for changing his name to Delores Kane. A New Statesman article dated 11 September2006 featuring Mr Shayler and Ms McKenzie gives no indication that Mr Shayler believed he was the Messiah atthat time; whilst a Daily Mail interview with Mr Shayler explicitly shows he believed himself to be Jesus by June2007. The Prime Minister has asked that an enquiry of mine relating to a warrant for our address be forwardedto the Home Office (see letter attached). Since the incorporation of N4CM as a non-profit company limited by guarantee last year, we have repeatedlytried to raise the money we need to move accommodation. Firstly, in September 2011, we created an N4CMSurvival Appeal Pledge Scheme. However, lack of home internet access devastated this scheme and we wereforced to abandon our efforts. Secondly, from 27 February to 8 May 2012, we ran a funding campaign for N4CMon Indiegogo at www.indiegogo.com/N4CM (the promotional video can still be viewed there). I had sought toopen an account for N4CM with the National Westminster Bank (of Royal Bank of Scotland Group) on 21February 2012 in order to be able to promote this campaign, but the account was not opened until 14 May, sixdays after the campaign had expired; on 16 March, RBS CEO Stephen Hester's Office requested "a full briefing”from NatWest. Thirdly, since 19 April 2012, the day Ms McKenzie had to withdraw her claim for possession ofour flat due to the "wrong information" she provided the Court (to quote from an email of hers later that day), wehave been cut off the internet an unprecedented total of 172 recorded times, twice already today, and haveotherwise had exceptionally slow and irregular internet connection speed.

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Moreover, last May the N4CM website was removed from the internet for the fifth recorded time after Just Host,the domain’s then registrar, changed the domain name server (DNS) records without permission or authorisationand disabled my wife’s facility to correct these records herself. No sooner had we transferred our domain nameto SiteGround’s registrar in June than the site was vandalised to such an extent that my wife was advised by thewordpress theme designers that she had no option but to scratch the theme she had been working with for overtwo years and start over with the theme she has now. Our chairman has been funding the N4CM website sinceDecember 2010, and the domain since June 2012.

On 20 July 2012, I lodged a complaint with the United Nations against the UK concerning unlawful directedsurveillance and interception of our communications by the Security Service (MI5) and/or GovernmentCommunications Headquarters (GCHQ) over a period dating back to September 2003. As well as the compellingevidence we provided the UN concerning the interception of our communications (including, inter alia, referenceto a letter from the Home Office Equalities Minister Lynne Featherstone to the Home Secretary in June 2010which has yet to prompt a response from the Home Office into why our emails have been and continue to beintercepted), I have amassed additional compelling evidence relating to both the manipulation of our email andthe sabotage of registered mail (available on request). Throughout my complaint to the UN, there are referencesto interception. For example, see paragraph 27 for the opinion of a distinguished American professor on thesubject.

Click here: N4CM About: UN complaint

Paragraphs 37-43 outline why the Vatican and the hierarchy of the Catholic Church should be monitored.

My complaint to the UN makes the point at paragraph 23(4) that, by order of 24 January 2012, Mr JusticeMitting of the High Court rendered it lawful for Haringey Council to have left me with a shortfall of £76.92 in rentto pay each month during the preceding six months because the Council intended covering my annual rent (seeAnnex 14, Order by Mitting J, p 34). The shortfalls arise from the difference between my housing benefitpayments of £230.77 per week, paid fortnightly at the rate of £461.54 (£923.08 per four week period) and mymonthly rent liability of £1000. Mr Justice Mitting’s ruling notwithstanding, the Council are knowinglydiscriminating against me in the manner they are paying my rent by effectively reimbursing shortfalls at the endof the rental year, which this year ends on 26 July 2013. We are only able to meet these shortfalls out of ourJSA (for us both) of £111.45 per week because we pay rent inclusive of all extraneous charges save telephoneline.

Despite, or perhaps because of, such trying circumstances, we have been successful in moving our fundraisingcampaign to America, with a very real prospect of a grant being awarded to us in the New Year. We have alsobeen nominated for an international media award for "the most important cutting edge population website evercreated". I am copying this e-letter to the Secretary of State for Work and Pensions and DWP Chief OperatingOfficer, Terry Moran, for their information. We have to hand the form we need to fill in to have my joint claim JSA re-assessed, notwithstanding ourdifficulties paying rent.

Yours sincerely

Declan and Maria (Lola) Heavey

Declan HeaveyDirector

83 Priory Gardens • London, N6 5QUmob 0779 284 [email protected] • churchandstate.org.uk

Network for Church Monitoring (N4CM)

On Sat, Sep 29, 2012 at 9:32 AM, !NorthCasework <[email protected]> wrote:

Our Reference No: 2012/013066

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Police Reference No: PC/04451/12

29 September 2012

Dear Mr Heavey

Thank you for your appeal of 26 September 2012. You asked us to review the failure to record your complaintby the Metropolitan Police Service.

This letter acknowledges receipt of your appeal. However, none of the issues have yet been considered.

As part of the appeals process the IPCC will contact the relevant Police Force or Police Authority, by email, toget all the information available to them about your complaint, we will use this in the assessment process.

We are currently experiencing a significant volume of work and therefore it may take up to 26 weeks for yourappeal to be allocated to a casework manager. The IPCC would like to apologise for any inconveniencecaused. Appeals may be allocated and dealt with more quickly than this and therefore you should not assumethat you have any additional period of time to submit documents. You should send us any information you wishus to consider immediately. Please see our website for any further updates.

Our role is not to investigate your complaint but to review whether or not the police are the appropriateauthority to consider your complaint and whether or not they should have recorded the matter you raised as acomplaint under the Police Reform Act 2002. If you have not been given a recording decision we can directthe force to provide you with a recording decision. Once we have completed the review, the decision we makeabout your appeal is final. Any direction made about recording your complaint is not an indication from theIPCC about the merit of your complaint.

Yours sincerely

Philip Harrison

Casework Administrator

Independent Police Complaints Commission (IPCC)

Phone :0161 246 8631

E-mail: [email protected]

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The original of this email was scanned for viruses by the Government Secure Intranet virus scanning servicesupplied by Cable&Wireless Worldwide in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free.Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.

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