And it all starts with a simple template letter that has been changed from a previous version to this current version, which includes the words against a 'Natural Person'.
See (edited) illustration below:
Note: the above illustration is a part scan of an entire document where the bottom part labeled 'Payment Method' is omitted. Also as seen, the personal details of the potential customer have been blacked out.
According to current Commonwealth legislation from the
Corporations Act (2001) - Section 64B
Entities connected with a corporation
Natural person
(2) A natural person is connected with a corporation if, and only if, the corporation:
(a) is a trustee of a trust under which the person is capable of benefiting; or
(b) is engaged by the person under a contract for services; or
(c) acts as agent for the person in any transaction or dealing; or
(d) is an attorney of the person under a power of attorney; or
(e) has appointed the person as the corporation's attorney under a power of attorney; or
(f) is given financial, business or legal advice by the person in the performance of the functions attaching to the person's professional capacity.
Ref: http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s64b.html
Since NONE of the above pertains to you, the 'person', who has obtained this letter from the so called 'sheriff' then any attempt to contract or obtain any monies as a result, is fraud / extortion / coercion meaning a criminal offence.
Note: The actual validity of law in Victoria is put aside.
The question is, does the Sheriff's Office take a cut in the fine. That would make it a Corporate issue, else the Corporation is merely the service provider with powers.
ReplyDeleteI can tell you how it worked in the beginning, which must have been prior to 1993. I was at a mechanics in Bayswater when a Sheriff arrived and asked if he could see someone. The bloke he was asking said "He is my brother, and he is in Canada. See those 4 MG's there, that is what we buy and sell, anyway, how much does he owe you?" "$10" (No word of a lie) "Oh, is that all, I will pay for it." "No, only he can, and as he is not there I will take what I want." He used his mobile and soon after a moving van came and he started loading things, including the $5000 hot pressure wash. Then the tow trucks arrived and he took all 4 MG sports cars. I asked him. "What do you do with all this stuff?" He answered with his cold hearted eyes and said "I can sell everything I want, as long as I pay the Sheriffs Office the $10."
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