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

[dx100uk]

sorry here is the invoice back up, there were several 3.45Mb single page uploads that had exceeded the 4.8MB limit for upload

 

 

Dongara marine pty invoice.pdf

[Ginni1062]

Here is the list of letters with dates & amounts. Hope it all makes sense;

 

1) Email Invoice 26/03/2019 - $14,725.00

 

2) Pre Protocol Letter 19/06/20 - £9426.41. the GBP rate in the letter is £1 = $1.667AUD so this amount is $15,713.83

 

3) Deed of Assignment 21/07/20 - $14,725.00

 

4) Claim Form 11/09/20 - Particulars Claim £8,046.45 <--- this says by deed of assignment. If I use the rate stated in the letter pre protocol £1= £1.667AUD this = $13,413.43

This bit states daily Interest rate up to the date of judgement or earlier payment at a daily rate of £1.76.

 

At the bottom of the page there is a box with the following:

Amount Claimed - £8988.21(if I change that to the AUS Dollar using the rate stated £1 = $1.667AUD the amount would be $14,983.34).

 

Court Fee - £410

Total Amount - £9398.21

 

Hope 

[Ginni1062]

Hi guys,

 

So just received a huge pack from CLI, I presume all this pack is from my request of information (CPR 31.14)

 

So the pack basically contains:

1) My visa application with all my supporting evidence. (It's a lot)

 

2) My successful trade recognition and the amount $1000 (I paid this myself)

 

3) The immigration agents contract. Which clearly states that - the entity responsible for the invoice is Sponser: 100% of the fees in this agreement, as requested by the Sponser. (The Sponser being DONGARA MARINE PTY LTD as it states on the same application)

 

3) Invoices that Dongara Marine have paid the immigration agent.

 

The front page to all this information is a letter from CLI dated 15/10/20 which states 'I trust that this provides you with the information that you require. If you need anything further from me, please let me know. It would be in both parties interest to try to come to an amicable resolution without having to resort to further action in court.'

 

 

[AndyOrch]

And is there anything within the documents that states you are liable...whether you take up the offer or not ?

[Ginni1062]

Nothing!

 

This is the thing I haven't signed anything about paying the money back to Dongara or the agent.

 

All they have provided is my visa application basically. (Step by step)

[AndyOrch]

No small print in the application ...." you will be liable for this debt even if you do not accept a position or take up immigration in connection to the fees charged " ?

[dx100uk]

20 minutes ago, Ginni1062 said:

It would be in both parties interest to try to come to an amicable resolution without having to resort to further action in court.'

which actually means..please pay us something as our kite is quickly falling out the sky as there is no wind blowing in this case and we will have to discontinue it to save more of our money by trying to blow harder......

 

dx

[Ginni1062]

@Andyorchnot what I have seen as all parties have signed for Sponser to be100% liable for fees.

 

@dx100ukthats what I thought it sounds like to be fair.

[Ginni1062]

Hi guys,

 

Just received Notice of Transfer of Proceedings from the county court.

 

Does this mean it's definitely going to court now?

 

Cheers,

Ginni.

[dx100uk]

no they can drop it at anytime

simply the natural course of any court claim.

 

 

[Ginni1062]

Ahhh ok. It does state that it's been referred to the allocated court and on receipt, the file will be referred to a procedural judge who will allocate the claim track and give case management directions. 

 

Does this mean on receipt from CLI do you think?

[dx100uk]

nothing to do with cli

from your local court..

[Ginni1062]

@dx100uk

[AndyOrch]

1 hour ago, Ginni1062 said:

Hi guys,

 

Just received Notice of Transfer of Proceedings from the county court.

 

Does this mean it's definitely going to court now?

 

Cheers,

Ginni.

 

Yes...once DQs are submitted the claim is allocated to track and transferred to your local county court...you will shortly receive  Notice of Allocation (N157) which will contain the courts directions on what steps each party must take by date before the hearing.This will involve paying the hearing fee (Claimant) and both parties submitting witness statements and evidence (documents) on which they wish to rely upon.

 

Andy

[Ginni1062]

Cheers @Andyorch

 

Will I need to pay any fees further down the line potentially?

[AndyOrch]

No fees as the defendant...just the judgment should you lose....

Come back when you receive your Notice of Allocation...as you will have to prepare and draft a statement in support of your defence.

[Ginni1062]

Brilliant cheers @Andyorch

[Ginni1062]

Hi guys,

 

I have a reminder in my calender for tomorrow that if CLI don't respond to my defence by tomorrow (28 days) the case becomes stayed. Is this still relevant as they responded with the N180 form?

 

Thanks in advance,

Ginni.

[AndyOrch]

No...it cant be stayed now as DQs have been filed....see my post #120 above.

 

Andy

[Ginni1062]

Thought so. Thanks @Andyorch

[syphont]

what's the outcome of this case?

[dx100uk]

awaiting court allocation

 

might be best to create your own topic by hitting create in the top red banner if you have a like issue

[Ginni1062]

Just received this from the county court.

imgtopdf_generated_1711202008055.pdf

[dx100uk]

smart cookie that judge...CLI you've been rumbled!!

 

i can see a discontinuance coming here.

 

dx

 

[Ginni1062]

@dx100ukHopefully!!