CLI/IRD Claimform - Australian Visa Fees relating to potential Employment

[Ginni1062]

What's the Notice of Assignment?

 

Also my defence is due next week 13/10/20

 

 

 

[AndyOrch]

From your post #19.......

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES.

 

[Ginni1062]

Yes iam presuming I had this as i have been ignoring most of the letters over the last 6-12 months and just binning them expecting them to just  be empty threats (like somebody coming to my door etc?) As nothing ever materialised.

 

So for this reason I am presuming I have received this but I do not have a copy of it as I have binned all of CLI letters. Do I need this? If so how do I get it

 

Cheers,

Ginni.

 

 

[AndyOrch]

Dont presume anything when defending a court claim...if you dont have it then you never received it and will put them to strict proof to disclose it within your defence and statement.

 

Their particulars clearly express....

 

 2.BY A DEED OF ASSIGNMENT DATED 21ST JULY 2020 THE CLAIM WAS ASSIGNED TO THE CLAIMANT

 

They do not state that a Notice of Assignment was ever served on you and dated xxxxxx.

[Ginni1062]

Appreciate that advice

 

Ahh ok, so I have never received it and I definitely have not signed and returned anything to them.

[AndyOrch]

Your defence is due next Tues 13th Oct by 4.00pm ...so we need to start preparing the basis.

 

Andy

[Ginni1062]

Ok.

 

How do we start this?

 

Cheers,

Ginni

[AndyOrch]

" We " probably means me.....

 

Watch this space......Ill get a draft up for your approval later this week.

 

 

 

[Ginni1062]

Ahhhh!!! WHAT A GUY! 

 

Really appreciate this!!!

[AndyOrch]

Particulars of claim for reference only

 

1.THE CLAIMANTS CLAIM IS FOR PROFESSIONAL CHARGES FOR A VISA APPLICATION CARRIED OUT BY THE FORMER CREDITOR DONGARA MARINE PTY LTD.

 

2.BY A DEED OF ASSIGNMENT DATED 21ST JULY 2020 THE CLAIM WAS ASSIGNED TO THE CLAIMANT

 

3.THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69 OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 26/03/2019 TO 10/09/2020 ON £8,046.45 AND ALSO INTEREST AT THE SAME RATE UP TO THE DATE OF JUDGEMENT OR EARLIER PAYMENT AT A DAILY RATE OF £1.76.

 

What is the total value of the claim? £9398.21

 

 

Defence

Defence for Australian Visa.pdf


 

 

[Ginni1062]

This is absolutely brilliant Andyorch!!

 

Really appreciate this, do I need to sign it and attach to the defence section or just attach as is?

 

I am more than happy with it

[AndyOrch]

Copy and paste into MCOL defence section....the claim was issued on line ?

[Ginni1062]

Brilliant. 

 

Yes it was issued online I recall seeing that

[Ginni1062]

it is asking if i wish to make a counterclaim? Yes or No?

 

I am presuming this is No as it's my initial defence?

[AndyOrch]

No...you have nothing to counter claim for.

[Ginni1062]

All done.

 

So what will the next steps from all this be?

[AndyOrch]

The court will issue acknowledgment of defence which explains the claimant has 28 days to respond....if they fail to respond the claim will become stayed.

 

Have a read of some of the threads here...and familiarise yourself with the process. 

 

All claims run the same.....

 

Claim issued

Defence submitted

Claim allocated to track and local court unless stayed.

Directions issued for hearing and hearing date.

Trial

[Ginni1062]

Thanks Andyorch

[Ginni1062]

Hi Andyorch,

 

I have received a letter through the post today for the notice of proposed allocation to the small claims track with a questionnaire to fill out and file it with the court office before 2/11/20.

 

Is this the normal procedure then?

[dx100uk]

yes N180

[Ginni1062]

Yes that's the one!!

 

Questions I am unsure about?

 

1) do I agree to this case being referred to the small claims mediation service?

 

2) do I agree it's the appropriate track?

 

3) Hearing venue? (Do I need to attend)?

 

4) Am I asking the courts permission to use the written evidence of an expert?

 

5) Witnesses?

 

6) Experts?

 

 

[AndyOrch]

 

1. No....nothing to mediate.

2. Yes

3. Your Local County Court (name)

4. No . N/A

5. 1 .(yourself)

6.  No  N/A

[Ginni1062]

cheers!!

[dx100uk]

i'd be inclined NOT to give their solicitors your phone/email/sig on their copy IMHO??

[Ginni1062]

Sounds good to me dx100uk, why should I provide them with that information

 

I was going to fully read and fill this form in over the weekend tbh and post Monday. 

 

So do I need to send a copy to their solicitor too?

 

Ahhh just read the link what Andyorch has put in. So I will do the 3 copies. 

1 for court, 1 for myself and is one to send to CLI (solicitor)?