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

[Ginni1062]

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

[Ginni1062]

Here is my Absence letter:

 

Hearing Absence

Please accept my apologises but I will be unable attend the planned court hearing on the 16^th 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.

[Andyorch]

On 21/01/2022 at 17:26, Ginni1062 said:

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

Just your third and final statement

 

With regards to none attendance your attached cover letter should read as follows.....

 

Use headers as per your WS claim number etc

 

None attendance at the hearing dated 16^th February 2022

 

Pursuant to CPR 27.9 a I hereby give notice that I will not be in attendance for the the above final hearing. Notice has been served on the Claimant pursuant to CPR 27.9 b. It is respectfully requested the court decide the outcome in my absence.

 

Sign/ date

 

You must give notice to the court and the claimant not less than 7 days.

 

Andy

[Ginni1062]

Brilliant,

 

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

[Andyorch]

Without actually seeing your final draft you have marked it with " see exhibit x " etc were required ?

[Ginni1062]

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?

[Andyorch]

Yes as long as the exhibit is numbered and indexed on your cover index page

[Ginni1062]

Yes that's fine, thanks Andy

[Ginni1062]

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

 

 

[Andyorch]

Quote

Pursuant to CPR 27.9 a I hereby give notice that I will not be in attendance for the the above final hearing. Notice has been served on the Claimant pursuant to CPR 27.9 b. It is respectfully requested the court decide the outcome in my absence.

 

Everything to claimants solicitor also.

[Ginni1062]

Hi guys,

 

so the court date was yesterday and I returned home from my holiday late last night. I’m not sure of the outcome, so just checking how I go about finding out? Will I receive something in the post?

 

TIA

Ginni

[Andyorch]

Yes or ring your local county court.

[Ginni1062]

I have spoke to the county court and they have a back log to get through so it will be at least another 3-4 weeks till I hear something through the post

[Ginni1062]

Hi guys,

 

I have just had my outcome letter and it is ordered that I pay the total sum of £9339.94 to the claimant but next week. 
 

how the hell do I do this

 

Obviously I don’t have this kind of money so what do I do? What’s my options etc

[Andyorch]

Oh dear wasn't expecting that...and we wont know why because you didn't attend.

 

Now submit an N245 (< click) to vary the forthwith payment (it is forthwith payment I assume?)  complete the I & E and make an affordable offer of monthly payment..the fee for the N245 is £14.

 

Andy

 

 

.

[Ginni1062]

Hi Andy, 

 

I know, I’m gutted to be honest. Also I’ve had another look at the figures and they have included a fee of £1000 for my skills assessment which I paid for myself and I have proof of this from my bank statements and emails etc. What can I do about this?

 

Ginni

[Andyorch]

Are you sure the judgment amount can only be what's on the claim form + Issuance fee + sol fee + interest (if charged 8%)

 

Scan redact and upload a copy of the Notice of Judgment please.

[Ginni1062]

The court have ordered the amount CLI have claimed for plus 3% plus court cost but the amount that CLI have claimed they have included the cost of my skills assessment along with my visa application but I paid separately for the skills assessment etc which were like £1000

[Andyorch]

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

 

Quote

it is ordered that I pay the total sum of £9339.94 

 

If you could scan redact and upload a copy of the Notice of Judgment please.

[Ginni1062]

This is the final letter received.

Final.pdf

[Ginni1062]

The $14,725.00 (£7,795.34) that they say I owe includes a skills assessment fee of $1,010.00 which I paid for myself and I have proof off.

Skill Assesment Fee.pdf

[Andyorch]

Thanks Ginni...well I always tend to get a bit twitchy when I keep seeing the words of " on the balance of probabilities " an easy get out when matters are not considered thoroughly and is easier to side with one argument rather than question the opposing.

 

With regards to the skills assessment if you are sure and I don't really have time to check that that amount has been charged within the judgment amount then obviously you need to  address this.

 

Addressing a judgment amount and wishing to challenge can be tricky but there is set process by way of CPR 40.12 this will involve an application n244 without notice (fee £108.00) and must be submitted within 7 days of the date of judgment.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40#40.12

 

Andy

[Ginni1062]

I thought exactly the same when I read that bit. I needed to be there to stand a chance and fight my corner but I suppose there is nothing I can do now. I will just fill out the N245 and take it from there

 

Thanks Andy.

[Andyorch]

Notice of Judgment is dated 16th Feb...Payment by 16th Mar.....hope you have only just received this ? Any application must be filed by 7 days of Notice of Judgment.

[Ginni1062]

I received this yesterday Andy