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

[Andyorch]

Await a court claim...see if it actually materialises. 

[Andyorch]

What is the total value of the claim? £9398.21

 

Australia Work Visa Costs

Skilled Regional (Provisional) visa (extended stay pathway) – 360 AUD (254 USD) (£204.93) Temporary Work visas – 310 AUD (218 USD) (£176.47) except in limited circumstances. Distinguished Talent visa – 4,110 AUD (2,895 USD)(£2,239.60)21 Apr 2020

[Andyorch]

Why ...was your wife and children also applying for work visas ?

 

You need to acknowledge service of the claim form by Tues 29th Sept  4.00pm ...defend all. You then have 33 days from and including the date of the claim to submit a defence.

[Andyorch]

https://www.fca.org.uk/firms/authorisation/process/debt-collectors

[Andyorch]

Not really sure until we get to disclosure...but for any moneyclaim.....CPR 16 PD 16.

 

7.3 Where a claim is based upon a written agreement:

(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16

So looks like they will struggle once a defence is submitted stating same.

[Andyorch]

You will have to submit a defence by Tues 13th Oct 4.00pm ...dont worry about this yet we can draft a defence...lets see what response you get to your CPR 31.14 request...and in the meantime.....if you could redact scan and upload all the relevant emails you have and any other documents in connection...which will assist in formulating a proposed defence.

 

Topic title updated and moved to Financial Legal Issues forum 

[Andyorch]

Here.....you must upload  in PDF format...then only members  can view.

[Andyorch]

Can you expand and open the unpaid invoice....take a screen shot and redact and upload a copy here.

Can you also upload a copy of the Notice of Assignment.

 

 

.

 

Andy

 

[Andyorch]

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

 

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

 

[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.

[Andyorch]

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

 

Andy

[Andyorch]

" We " probably means me.....

 

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

 

 

 

[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


 

 

[Andyorch]

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

[Andyorch]

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

[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

[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

[Andyorch]

No signature on their copy ...its not required.

[Andyorch]

Yes because you have nothing to mediate ...its not your debt.

[Andyorch]

No other surprises are there on their DQ....?  They have not made or intend to make any Applications ?

[Andyorch]

 

Still referring to " Our Clients " Dongara ...is there no date on page 2 ?

 

Can you scan redact and upload a copy of the Deed...Letter and DQ  also may be useful.

 

Andy

[Andyorch]

Quote

A letter, details of debt with 2 bank accounts to pay to, one in UK and one in Ireland. This also states the daily interest rate that I am being charged. (I can attach if needs be).

 

Does this letter contain balances and dates  ? If so please redact and upload

 

Ginni if you could check the balances outstanding from the initial statements (the last one  you uploaded) the LBC to the Deed of Assignment to the claim form...just check that the figures all correspond ....in particular the amount on the Deed, check it to the amount claimed.

 

Im thinking that Deed may of been recreated since issuance of the claim form. Given that the Deed is dated 21st Aug...why did Dongara email their statement .

 

Andy

[Andyorch]

And can you re upload a copy of the email invoice from Dongara that you posted on page 3......for some reason DX has removed it and edited my previous post referring to it. ???

 

[Andyorch]

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

[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 " ?