Tribunal applications


#1

Hi,

I am wondering if anyone has anyone received a Disputes Tribunal Application from any bank for outstanding debt. I did.

The tribunal application against me was substantially falsified by the bank’s collection agent. I was able to prove with evidence that the items contained therein were false. But the Tribunal referee dismissed my counterclaim entirely.

I do have outstanding debt with this bank which I am now paying back, because after 2 years of trying to reach a settlement the bank will not agree to any repayment arrangment. but I am wondering if it is standard business practise for banks  here in NZ to submit falsified tribunal applications to try and collect debt, in order to obtain a court backed judgement when no enforceable contract existed before.

I did agree to an amount outstanding at the hearing along with the bank and the tribunal made the order.  I though the order would at least mean the debt would not increase but a few weeks later the bank’s collection agent sent me a statement and the debt had increased substantially. I appealed the tribunal decision to the district court but the judge dismissed it.

If anyone has had an experience like this or can advise on the collection practises of the banks would be appreciated.


#2

I have never heard of that. It does sound unusual.

Two things anyone should keep in mind about banks:

  1. They are manic/depressive.

  2. They are large organisations with a whole bunch of employees who have different and sometimes seemingly contradictory incentives. The person at the branch or at customer services gets a bonus for convincing you to take credit (ie: debt), but the person you are hearing from is incentiveised to recover this any way they legally can. While you may have been led to believe by their marketing that takling credit was a desirable and happy choice, the truth is it’s really your responsibility at the end of the day.

With this in mind, you probably don’t have a lot of options beyond the obvious ones, sorry. Either pay the debt or if you can’t, apply for insolvency.


#3

Hello
Thanks for replying to my post.
Insolvency is not an option because other creditors will miss out, and I do have the means to pay but not as a lump sum and the bank won’t accept any payment arrangment but there is still the matter of the missing money. I have contacted the Minister of Justice Amy Adams and have had a reply from the Private Secretary. I am asking the Minister to put a temporary ban on Banks using the tribunals to collect debt.
Thanks for your suggestions anyway.