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

[Ginni1062]

No I haven't received anything. Should I just ring my local county court and ask for an update?

[Andyorch]

It was around the end of October you filed your N180 DQ ...you received a Court Order from B County Court dated 13th Nov informing the claimant to file statements and original documents by 2nd Dec 2020 of the claim will be struck out.....that was the last correspondence.(you only uploaded 1 page..there wasn't a page 2 by chance ?)

 

So yes you must ring B CC and ask what's happening...you have not received anything since the Court Order dated 13/11/20.

 

 

 

.

[Ginni1062]

So the last thing I received was date on the 30/11/20 and it was the statement and all the exhibits attached that they had submitted to court.

 

The last bit states that 'I am  more than willing to enter into amicable conversations with the defendant to try to resolve this matter outside of court and so am happy for the court to pause proceedings for a month to allow discussions to take place if the defendant is willing to do so.'

 

Obviously this is the last thing I have heard.

 

 

[Ginni1062]

Spoke to the local county court and they are going to chase this up with the judge and some communication will be sent to me in a couple of weeks but I haven't missed anything and nothing has happened since the last communications in November.

 

Cheers,

Ginni.

[Andyorch]

[unclebulgaria67]

Any update ?

[dx100uk]

Open

[Ginni1062]

I know this has been a while and I haven't heard anything from CLI or the courts in all this time but I have received a letter from the court today with a court date. Anxious!

 

Please see letter attached. 

 

Thanks,

Ginni.

imgtopdf_24082021025740.pdf

[dx100uk]

so witness statement time, to be done by 14 days prior to 22nd sept

[Ginni1062]

Ok

 

Can I get help with this

 

I think @Andyorchhelped me with the last letter I needed to do

[unclebulgaria67]

@Andyorch  Don't understand how CLI can be the claimant in this case, if they don't own the debt ?

 

 

[dx100uk]

On 13/09/2020 at 08:35, Ginni1062 said:

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.

 

[dx100uk]

NewRegister

REGISTER.FCA.ORG.UK

 

they are not FCA registered in the uk so can't raise a court claim?

[unclebulgaria67]

Not a Consumer Credit debt, so CLI don't need to be FCA registered.

 

So CLI have bought the debt and taken over responsibility for the original contract. 

 

This is then essentially an argument about  whether there was contract between Ginni and Dongara Marine ? And if so that Ginni has broken the terms of the original contract ?

 

 Did Ginni agreed to repay the VISA application costs, if they did not start their job with Dongara Marine and serve a relevant period of employment with them ?

 

Clause 12 of the A&M fees document says that jurisdiction is exclusive to the Courts of Western Australia. 

 

Deed of assignment is suspect.  Look at the handwriting of the managing director who signed it and also the handwriting of the witness.  Looks like it was written by the same person.   Has one person signed the deed and also as the witness ?

 

 

 

 

 

[Ginni1062]

 Hi @unclebulgaria67

 

I didn't have a contract with the employer, we just discussed that they would pay for the costs upfront and when I started work they would take it out of my weekly salary.

 

I didn't start work for them as I flew out to work for them for 1 week free of charge (not paid work and all costs paid for by myself) to do a Recce as I thought this opportunity sounded to good to be true and the job wasn't the job describe to me so I told them I wasn't interested in the job. 

 

Also, the A&M fees document clearly states on that the sponsers is fully responsible for 100% of the costs which was the company Dongara.

 

Cheers,

Ginni

 

 

 

[Andyorch]

17 hours ago, Ginni1062 said:

Ok

 

Can I get help with this

 

I think @Andyorchhelped me with the last letter I needed to do

 

Plenty of time to draft your statement...bump your topic say in 2/3/weeks time.

 

Andy

[Ginni1062]

Cheers @Andyorch

[Ginni1062]

Hi,

 

Received this letter from CLI over the weekend, is it best just to carry on ignoring them?

 

Cheers,

Ginni.

imgtopdf_31082021021616.pdf

Edited September 2, 2021 by dx100uk
spelling

[Andyorch]

Lets wait for their intended witness statement and disclosures.

[Ginni1062]

Hi @Andyorch

 

Just wondering if it's time to do anything yet? The court date is 22/9/21 (2 weeks yesterday)

 

Cheers,

Ginni

[Andyorch]

Yes you have to file and serve today...yesterday in reality (14 days pre hearing 22nd Sept)...wish you had bumped me a little earlier Ginni.

 

Have you received anything from the claimant re statement /evidence.

[Andyorch]

Have you complied and informed the court of your contact details for the telephone hearing? 

Directions 3 a/b/c 

[Ginni1062]

Oh s***t.

 

Sorry!!! I haven't received anything from the claimant.

 

I haven't informed the court either. I'm currently on 12 hour shifts at work till the Friday night. But I will inform them ASAP (is this by telephone?)

 

Just looked over the letter and yes I will contact the courts today with my contact details

[Andyorch]

Yes ......It was supposed to be done by 28th August !!!!  Hope they have not already struck your defence out.

 

 

.

[Andyorch]

Let me know if they accept it and the claim is still on track......no point drafting a witness statement otherwise.