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

[unclebulgaria67]

I doubt they would let it go unpaid.  They would pay the enforcement fee for HCEO officers to visit you  and they could go back to the Court if you continued to refuse to pay the amount.

 

Is the £150 the final decision or can you go back to make a further proposal with more information on your fianances ?

 

You need to leave yourself room financially to deal with increasing costs such as energy bills which are due to significantly increase this year.  Or you start off paying the £150 and if you cannot afford it, then you apply to vary the amount later in the year.

 

Has the CCJ already been recorded on your record ?If it is not yet recorded,  Is there a  way, you could pay the judgement amount in full ? 

[Ginni1062]

Ok maybe I could go back to revisit the payment as my bills have now had a letter saying our energy bills have doubled since putting this notice in, plus CT has gone up so really I need to re asses this and just pay it. 
 

Yes the CCJ has already registered on my file which I still find bizarre as I thought I were in court to see if I actually owed the money as nobody were 100% sure I had actually entered an agreement. Its not as if I knew I entered an agreement and that I haven’t been paying it such as a loan or a CC etc etc.

[unclebulgaria67]

I guess the way it looked was that you had engaged in the process of securing an Australian VISA, decided in the end for understandable reasons you would not make the move and then decided that you did not want to pay towards those VISA costs. 

 

The process of moving to somewhere like Australia, is to go through the VISA process in advance of any possible move to see if you could gain the permission to work and reside there, plus what terms/conditions would apply.

 

The whole recruitment process from what you have said appears to have been a set of misunderstandings. e.g. the type of work, employment  terms and conditions include VISA application costs.

 

UK and Australia operate under very similar legal processes.  All of the communications you had with the employers could be seen as an agreement process. 

 

As I said earlier, a bit late in the day.  The CCJ is there and you will have to see what you can do to reach agreement on a payment amount you can afford. 

 

 

 

 

[Andyorch]

Pay something even if its only £30 pm that would starve off any attempt to execute the judgment although not make it impossible.

The judgment claimant has various options to execute a judgment...you will find that they are if not already placed a Restriction Charge on your property to secure the judgment..which is normal process. Other options of execution are as stated Bailiffs (Control of Goods Warrant) Third Party Debt Order to freeze your bank account or Attachment of Earnings to get the monthly payment direct from your employment.

It is also possible to make you Bankrupt by serving a Stat Demand.

 

So unless you rent property or are unemployed or have little in savings and no assets ...tread carefully

[Ginni1062]

Evening guys, 

 

I’ve been speaking to my accountant today about things and mentioned all this to him. He can’t believe that I have been found guilty for this etc etc. 

 

He seems to think that he has a solicitor that could appeal this case and potentially get my CCJ and the found guilty removed?

 

Is appealing an option at this stage? He has obviously said that I need to get all my paper work together fast (which I have stored thanks to you guys) as the first payment is due 4th May. 
 

He also said that it would cost me max around £2k which I don’t mind paying it all this could be over turned, it’s just can this case now be appealed and over turned if I hired the correct solicitor etc?

 

TIA.

Ginni

[Andyorch]

Why are you referring to a civil court claim for debt as being Guilty and found Guilty.......its not criminal proceedings Ginni.

 

Also be wary of an accountant with a solicitor friend who believes he can successfully appeal for 2K without knowing the finer details of judgment or expressing any valid reasons on what basis and /or error in law could be construed as grounds of appeal.

 

If ever a builder gives you a price before looking at the job...well you obviously walk away.

[Ginni1062]

Well it’s like I have been found guilty as I’ve being made to pay the

money back and issued with a CCJ.

 

Could I potentially appeal this case at this stage and get it over turned?

 

Thanks,

ginni

[unclebulgaria67]

Practice Direction 52B - appeals in the County Court and high court

WWW.JUSTICE.GOV.UK

 

(d) grounds of appeal, which must be set out on a separate sheet attached to the appellant's notice and must set out, in simple language, clearly and concisely, why the order of the lower court was wrong or unjust because of a serious procedural or other irregularity (Rule 52.21(3)).

 

Wrong or unjust because of a serious procedural or other irregularity.   

 

Appealing is not very straightforward, as you need to find either a process error or legal error, which enables a different Judge to hear an appeal.  So you could end up spending thousands more and not winning any appeal.

 

Up to you really.  You could contact a Solicitors to gain their opinion on an appeal, but make sure you understand the costs involved if you proceed.

 

[Ginni1062]

Thanks for this, this is the question that I need to confirm before they take it any further. Obviously I don’t want to take this further and gain the extra cost and not get any further.