Order for Examination.

[Keys]

Some of us may have been to court trying to extract the debt which absconding tenants leave us with.

Some of us may have seen the disgracefull ineptitude shown by the court staff when they are examining the debtor.

In another thread http://www.propertytalk.com/forum/sh...ad.php?t=10758 there was some discussion between xris and myself regarding the training given to these people.

I will, in the next week or so, be writing to the Department of Courts a request, under the OIA 1982, of the powers, duties and responsibilities which a court appointed officer has when dealing with an OFE, together with the requirements the debtor has when being examined.

If anybody has any suggestions to put into this request then please let me know. Preferably here so others can read.

I expect a flowery responce, which I will put here word for word.

Then I would hope we can tear it apart and question the responce. Going to the Ombudsman if needed.

If the responce is informative and helpfull.

We can go to the next OFE and hopefully get better results.

Many thanks.


Keys

[essence]

Oe

What is meant to happen is that when an ex-tenant shows up for the OE, they SHOULD have proof of all their cashflows (income/rent/TTs/Court debts etc/living expenses, yadda yadda).

What actually happens, ex-tenant turns up at Court and says "I have debt to WINZ of $X's and debt to Courts for $X's". All true. Therefore, I can only pay $X's per week, fortnight, year to ex-landlord.

There is meant to be onus on the ex-tenant to PROVE that they are actually paying the debts. This is not happening.

Case in point - ex-tenant of mine has used the above reasoning and I KNOW (and don't ask where I get my information from!!!) that she is NOT paying any Court fines yet the supposed money she is meant to be paying is being included in her weekly calculations.

Court staff need to be more vigilant and stop being PC when these OE's get to hearing.

I would suggest that if Court staff are not provided with ACTUAL proof that the debt is being paid, then the ex-tenant has to pay extra money.

The ex-tenants obviously wouldn't be getting an OE if they had being paying their rent/court debts/WINZ debts. Stop the PC b******t of believing these ex-tenants.

[cantthinkofanickname]

I agree totally with essence. The tenants are not taking this seriously it would be easier if the court staff automatically took $100 per week off the offender then said you prove you need this money That way they would need to bring the info required to the court. but we live in a PC world.

[xris]

I agree totally with essence. The tenants are not taking this seriously it would be easier if the court staff automatically took $100 per week off the offender then said you prove you need this money That way they would need to bring the info required to the court. but we live in a PC world.

This subject is a good example of the twisted , ignorant nonsense we get from the dept for courts collections unit. (Not a company or person so I believe I can say that?)

In my opinion the CU is at best erring in law, and at worse abusing its judicial authority.

xris