The Queensland Government Office of Fair Trading (OFT) licence people like Warren Russ to go about Debt Collecting, Repossessing Property and Process Serving. BUT OH.... when it comes to investigating glaring breaches of the Debt Collectors (Field Agents and Collection Agents) Act QLD that control these individuals, the stories of how OFT turn a blind eye, are jaw dropping. An object of the Act (section 8) is to protect persons against particular undesirable practices associated with people like Warren Russ, who appears to be a person that divests his assets to members of his family (in case he gets sued), and goes about hiring mimself out to do the dirty work of unscupulous lawyers. His yearly license fee of $1,377 to OFT, could be seen as protection money. More about that later.....
There is evidence that Warren Russ has made false or misleading statements to the OFT regarding his conduct, which is an offence. But getting OFT to do anything about it is fraught with frustration, especially when OFT states there is no evidence while refusing to receive the evidence, and pisses around that much causing the statutory time for their prosecution to expire, and then OFT says..."well its out of time so we can't do anything".
And of course the Minister Yvette D'Ath is totally useless and does SFA.
Courtesy Courier Mail
Attorney-General Yvette D'Ath in Question Time.
Picture: Darren England/AAP
Consequently private citizens have to take their own civil action, however the benefit is, that a civil action is time limited to 6 years, unless there is personal injury where you have to file the claim in court within 3 years.
It's disturbing that one doesn't have to look far to find a culture of cover up being rampant within lazy government agencies and politicians in Australia, thus creating an ingrained problem for society. It's also ironic that Yvette D'Ath oversees the OFT cover up, but as Justice Minister also oversees the District Court, whose Judges I am sure would complain of the increase of litigants in person, like myself.
Consumer Protection Report
Warren Russ along with his company Commercial & Process Services Australia Pty Ltd thinks he can go about his business as a licensed (by the QLD Government Office of Fair Trading) process server with impunity by serial trespassing in climbing over gates with no entry notices attached multiple times, then unlawfully breaking and entering into private premises by cutting a lock on a gate and breaking a lock on the premises, evicting tenants in legal occupation, without first obtaining a mandatory Warrant of Possession. Warrant of Possession.
THE SHAM... Russ and his instructors, did not even try to contact the Age Pensioner tenants beforehand when they possessed multiple methods of contact. In fact there were multiple correspondences between the tenants and the instructors in the fortnight leading up to the breaking and entering, in which an alleged abandonment was never mentioned. Instead the persons instructing Russ (one being a lawyer) were secretly concocting a Sham, in order to facilitate a false allegation that the tenants had abandoned the premises, when they were merely temporarily absent.
"At no time can a tenant be removed from the premises without a warrant of possession from QCAT (section 353 RTRA Act)..... "Police enforce warrants of possession, and they will notify the tenant of the day they intend to execute the warrant of possession"
When Russ was confronted after breaking and entering, in the face of being told that he was trespassing and that the premises had not been abandoned and were legally tenanted, and while having access to the then current tenancy agreements, Warren Russ chose to ignore these facts in favour of executing the abandonment Sham. He also chose to ignore the fact that one tenant was the beneficial owner of the whole property.
As a result, a tenant (the Plaintiff) was taken by ambulance to hospital and Russ subsequently went about changing all the locks on the premises and the gates in the perimeter fence, thereby locking the tenants and beneficiary out of the property and their possessions. This then allowed the persons instructing Russ to go about selling the property and the tenant's possessions without dealing with the interests of the beneficiary and tenants.
In doing all this, idiot Russ has contravened a smorgasboard of legislations and offences together with multiple common law trespass. This unbelievable arrogance is being dealt with by the District Court Writ where this numb nuts henchman and his company are being sued for $300,000, which includes a claim for exemplary damages to provide a deterrent to Russ and others in the same industry that this sort of egregious conduct is not tolerated.
One wonders if the persons that instructed Russ, are going to throw him under the bus. This regulation should set a standard for Russ to verify the truth of instructions given to him. Russ clearly chose to rely on the fabricated Sham, instead of the law.
Stage 2 of the saga from:
Filed in the District Court Maroochydore Queensland
SEE THE PATHETIC DEFENCE
failing to plead to illegal conduct
pleading a defence unavailable in law
failing to plead according to the court rules