Hi, I have sent everything to the courts, just checking what I need to send to CLI, do I just send them my third witness statement along with exhibits or shall I also send them the index of exhibits and my none attendance cover letter? TIA

Yes that's fine, thanks Andy

I will go over it tonight to make sure, but some paragraphs have reference to multiple Exhibits so is it ok to put see Exhibit * at the end of the sentence?

Brilliant, Thanks Andy. I will submit everything to court and CLI tonight

Here is my Absence letter: Hearing Absence Please accept my apologises but I will be unable attend the planned court hearing on the 16th February 2022. Unfortunately, I will be out of the country on that date due to a pre-booked family holiday. This was already planned prior to the scheduled hearing.

Hi @Andyorch I am just finalising everything, do I need to put all my witness statements together as a pack now or just submit my third witness statement and the following: - Cover letter with a list of Exhibits (only for third witness statement) - Cover letter for my absence TIA

Thanks Andy, My statement is finalised so just need to do the cover letter with a list of Exhibits and a cover letter explaining my absence. I will do this tonight/tomorrow. As soon as I have wrote the cover letter for absence I will post on here for you to view and tell me what to add in terms of legal spiel I'm thinking I will forward all this on to courts & CLI Monday in time for the cut off period. Thanks again.

I have just received the final evidence bundle from CLI before the final court hearing. The letter that is attached states that if I have anything evidence to add to the bundle I should send it to CLI before the 25th January so they can add it to the ir bundle? I thought I just need to submit my final witness statement to the courts and CLI within the timeframe? Not so they can add it to their bundle? TIA Ginni CLI.pdf

For some reason I didn't get a notification for this post I will get the cover letter knocked up over the weekend and attach, is this cover letter just a paragraph stating that I won't be attending court and the reason why? Thanks for that @Andyorch

Thanks Andy, il do that tonight Hi @Andyorchplease see my summary around how i am entering any form of credit agreement and how i am liable for the money. Any feedback would be appreciated. TIA. Finally, I’d like to challenge that I am liable for the supposed debt that Dongara Marine have passed on to CLI as this was one email from Dongara Marine with a suggestion of me paying them back at $200 a week. There were no other options or affordability mentions or checks, there were no start dates, duration times this wasn’t an agreement it wasn’t even a discussion as when I replied with my potential option of ‘When I sell my house to pay the visa back’ I didn’t even get a response or reply to agree or confirm either option so, them suggesting an option and me suggesting an option on how it could potentially be repaid is difficult to understand or accept this as myself entering any type of credit agreement or owing money to Dongara Marine. Also, there has been no credit agreement between me and Dongara Marine about this money, I haven’t even signed anything to say I owe this money. I just don’t understand how one email with a suggestion on is me entering a credit agreement. I would like to challenge CLI to prove that I have entered any agreement and provide evidence of me entering the agreement with a signature on or how I have potentially entered an agreement for the credit owed as there has never been an agreement or acknowledgement on how or when this were going to be paid. As I also visited Dongara Marine in Australia and met HR and the managing Director nobody mentioned any agreement about money or got me to sign anything. When researching the minimum criteria of entering any credit agreement I found that these were the following: · Information provided before entering a credit agreement – I were given nothing about any credit agreement apart from an email with a sentence stating $200 a week to which I replied to with my option, and I got no acknowledgement. How I can enter any agreement without an acknowledgement difficult to understand. · The nature of the agreement – again there has never been an agreement as stated above. · The content and form of credit – I don’t understand what form of credit this is or how I have ended up into any type of credit debt without signing any agreement or getting acknowledgment from Dongara Marine. · Procedures relating to events of default, termination, and early settlement – none of this has ever been provided or communicated in any form. If CLI could provide any evidence of the minimum criteria of myself entering a credit agreement with Dongara Marine I would understand but by an email with no acknowledgements or agreements does not accept me entering into any agreement even agreeing credit at a distance I can’t, see how this would even stand as being liable. Also, as I mentioned I did visit the employer in Australia so really when I was with the employer, they had every opportunity to put together and a credit agreement in a hard copy form and give it to me in person and get me to sign it along with all the other things that should be provided when entering any credit agreement. This never happened so unfortunately, I find it difficult to accept I have entered any credit agreement with Dongara Marine at a distance or in person.

Yes I have done and git it all I'm just putting into the witness statement referencing them as the exhibits. Il hopefully get it to you tonight Hi @Andyorch Please find attached my 3rd witness statement, please let me know if i need to make any changes. Also, is the first paragraph acceptable that states i wont be attending court (think you said i needed to attached a cover letter too) TIA EDITED OUT 3RD WITNESS STATEMENT.docx

I am trying to reference all this to attach as evidence so bare with me as it all seems suspicious to me that CLI are saying that Dongara haven't agreed to pay it so when I questioned that I don't owe anybody money then they have now sent all this evidence that Dongara have actually paid it now it all doesn't match up?

Hi Andy, I have been through all the evidence they have sent in regards to making the payments to the immigration agent as in the last hearing CLI stated that the sponser (Dongara) haven't signed the immigration agents agreement to pay the fees. So now they have sent evident that they have actually paid the fees so when I have reviewed all the evidence it stands out that the letters they have been sending me with the amount I owe $14,275 is different to what's on the immigration agents contract (fees table) and different to other letters. There seems to be 3 different figures. Also, on the immigration agents contract where it states who is responsible for the fees I have signed it date 17/04/2018 Dongara haven't signed it and then the immigration agent has supposingly signed it 2 years later at 17/04/2020?????

Hi guys, I hope you all had a good Christmas and New Year? @Andyorchi am 90% way through my 3rd witness statement i will finish it off tomorrow and attach a copy to this chat for you to support if that is ok? I have to submit it 21 days before court which gives me till around the 26th of this month. TIA.

Yes I will, I have the points and reasons but no good at putting it into words professionally like you. I will do this and send you a copy nearer the time

You always make me feel at ease @Andyorch Ok I will put a note in my diary now for say 2 weeks before the hearing to give you a nudge as I'm away the week of the hearing so if I can sort before I go it would be much appreciated. Thanks so much

Thanks @Andyorch Also, I'm panicking now that if I lose this case what happens with costs etc? Am I better off just contacting CLI and trying to organise a way of paying this back as I'm worried I'm going to get extra court cost etc. Is there anyway you can help with a statement that will help me in professional way as I'm not 100% what to write in this to defend myself on the best possible way

The notes section of the hearing letter states that 'if you cannot, or choose not to, attend the hearing, you must write and tell the court at least 7 days before the date of the hearing. The District judge will hear the case in your absence, but will take account of your statement of case and any other documents you have filed". So, I suppose I'm going to have to put this in writing and try and put a really good third Witness statement together. I'm gutted that after all this and the final hearing I can't attend but with the sounds of it I can't change this one like CLI could with the resolution hearing as he were away for one of the hearings.

Oh yes this was right at the beginning wasn't it over a year ago now. That's states within 6 months?

What was this? This date has only been sent out Saturday and I booked the holiday a couple of months ago?

Also, I'm away on the 16th February on holiday abroad (subject to COVID). Looking at the bottom of the letter in the notes section it says that the court will still go ahead in my absence Obviously I need to send in a letter at least 7 days before but I will do that this week. Also I will need to do a third Witness statement in due course to try and stress my points the best I can .

There is no where in writing where it states I would pay them back when I started work but this is what Dongara said to me in person as I met the HR women in the UK when she visited and we discussed this. That's why I mentioned the option of when I sell my house so I could potentially pay them from the sale of my house when I start work as we discussed in person. If we apparently agreed $200 a week why hadn't I started paying this back straight away and why did they wait for me to say I'm not starting work untill they asked for the money. (Because we discussed I person when I started work they wanted to take $200 a week from my salary). Also, the question has never been raised as to why I didn't start work? Maybe I should put this in my next witness statement? So I flew out to Australia and worked for Dongara for a week (all paid for by myself) the health and safety were non existent and I worked with no safety wear (boots or mask bare in mind this were fibreglass) I were told climb on top of boat roofs with no harness and just a step ladder that wasn't attached to anything. The manager didn't once come to see me and see how I were getting on for the full week so I didn't feel welcome at all. The job was not carbon fibre which I were told and it was fibreglass. It was mostly wood work which wasnt my skillset so I were kind of worried this wasn't the job for me, so I asked a couple of the employees who were not Australian residents and they told me of you couldn't do the job when I arrived in Australia that the manager would shout at me and dock my wage like he had with them in the past and they adviced me to not leave my job in the UK for the one in Australia. This were a big shock to me and they were no way I was going to sell up and take my family of 3 children to the other side of the world for a job opportunity like this. So when I arrived back to the UK I emailed Dongara telling them about my decision to not follow the job opportunity through.

This is it, they was only 1 email stating that if I didn't have the funds then they would pay it for me and then I could pay it backat $200 a week. I replied with potentially this could come from the sale of my house. I then got no reply as to confirm anything I just received an email from the visa agent with an agreement that stated the sponser is 100% liable for the funds. Ok the funds were probably between the visa agent and Dongara but what I don't get is they were no agreement between me and Dongara in regards to oweing them money etc. They have said in there previous witness statement for CLI that we discussed that even if the visa didn't go through I would still owe them the money. (There isn't any evidence of this) Seriously do you think I would of gone ahead with it if this was the case? (I wouldn't of risked that) I just don't get how no agreement has been agreed or signed and 1 email that slightly discussed it to which I replied and didn't get a response from is me entering an agreement for the money?

Received this letter off the courts for the final hearing in person for the 16/02/2022 Also, I'm just checking but I thought at the beginning it were discussed on here that CLI weren't eligible to take claims to court? I'm so nervous now as the judge on the resolution hearing stated at the end "she finds it difficult how this case is going to be defend but it won't be me being the judge on the day" was that aimed at me? TIA Ginni. imgtopdf_2811211845004.pdf.pdf

Please find attached my second witness statement. Witness Statement 2.pdf