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

[Ginni1062]

Hi any advice would be much appreciated.

 

I got offered a job in Australia from the UK.

the deal was they paid for my visa upfront and when I got to Australia and started work I would pay them back out of my salary weekly.

I didn't even sign any contract regarding this.

 

I went to visit the company in Australia on a recce before I packed up my belongings and family consisting of 3 children all under 5.

When I got there the job wasn't the job that I was told and the manager was an idiot. 

 

When I returned home I emailed the company explaining I won't be taking the job offer or the visa.

They have told me I owe them £8500. 

 have ignored them as I didn't sign anything regarding paying this back. 

 

The Australian company have now passed on my details onto a debt collector in the UK called Credits Limits International (CLI) Is this not breaching GDPR?

They keep sending me letters that I keep ignoring, now I am on my final notice with interest adding each time?

 

Today 10/08/19 I have received a letter stating that as they haven't heard from me they are going to carry out a doorstep visit!!

 

Any of you advice would be much appreciated. 

 

Regards,

Ginni

[unclebulgaria67]

CLI are not proper debt collectors, as I don't think they have any FCA licence to conduct debt collection.

 

All CLI offer is a suite of letters, which creditors can use to chase debts. CLI simply post out the letters and pass on any monies received.

 

Safe to ignore them, as they cannot do anything. Any doorstep enquiry agents they probably won't be sending, have no powers. They simply ask if Miss Xxxx lives at the address and would they like to pay a debt.  You simply say nothing and close the door. They would not bother to return.

 

 If the Aussie company want to pursue this, they can instruct UK Solicitors to issue a UK Court claim, as you are resident in the UK. Before the alleged creditor can issue a UK Court claim, their UK Solicitors would need to send a letter to you, advising you they would issue a Court claim.

 

If you never agreed to any terms regarding the costs of the Visa, then there does not appear to be any basis to a Court claim.

[Ginni1062]

Hi unclebulgaria,

 

Thanks for the response,

 

I will continue to ignore CLI, the only agreement I had with the company was that I would pay the money back when I started work and it would come out from my weekly salary. Obviously I never started work for the employer in Australia and I never signed any agreement regarding paying the visa money back.

[dx100uk]

plenty of threads here about the fleecers

 

moved you to the overseas forum

just type CLI in our search top right

 

 

[Ginni1062]

Hi dx100uk,

 

Thanks for reply, I have had a look at the other links regarding CLI. I will just keep ignoring.

 

Hopefully nobody comes knocking on my door.

 

[slick132]

Hi Ginni,

 

Glad to see you started the thread and have useful input.

 

If no contract signed between you and the potential employer, they and CLI have little or no chance of pursuing any claim against you so safe to ignore for now.

 

However, I'd be inclined to write to CLI saying you require sight of any contract signed by you that confirms you owe anything to the alleged creditor. ........

 

...... and in the absence of such contract, you will pursue CLI for harassment.

 

But if others think totally ignoring CLI is the best course of action, do that !

 

[unclebulgaria67]

I can see why someone might write asking to prove a contract existed, but I have a feeling that CLI will just pass on to the Aussie company.

 

It might then lead to letters being received including copies of emails, letters etc, where the Visa application, plus the costs of the application was being discussed and how the costs would be repaid.  

 

Although a written contract may not exist in one document, the communications about the Visa application costs and repayment, plus the OP's acceptance could be considered a contract.  As the OP does not reside in Australia, there is nothing stopping the Aussie company instructing UK Solicitors to issue a UK Court claim to attempt to recover the alleged debt.

 

It is whether the Aussie company are willing to incur a lot in legal costs and risk losing in Court.  The CLI process is a cheap way of trying to recover a debt, simply by paying costs of sending letters. If the CLI process does gain any response, the decision is with the Aussie company, whether they spend any more money to try to recover the alleged debt.  Replying at this stage might encourage the Aussie company to continue, by sending copies of communications which they will state do form a contract.

[Ginni1062]

Thanks for the advice unclebulgaria,

 

The thread of emails only states that I will pay the visa money once I start work and that it would come out of my weekly salary. How does that stand in court as I didn't start the job?

 

 

[unclebulgaria67]

That would be a question answered in a Court.

 

it would be difficult to argue that you had not agreed to repay the Visa costs . You would point to the fact that the Visa was subject to you actually starting work and repaying the Visa cost via a wage deduction. 

 

If there are no terms stated in any communications about repaying the Visa, if you did not start work, then I would think that the Aussie company would fail with any Court claim.  

 

I don't think you want to get into any communications through CLI. You could simply respond directly to the Aussie company, just confirming that you reside at the UK address and if they feel the need to communicate with you, that they can write to your UK address. Don't say anything else about Visa or work issues. The letter is simply confirming your UK address for any communications. This just records that you have confirmed your UK address and can receive correspondence at the address. That you are happy to receive their communications and are not ignoring them. You just don't get into any discussions regarding any alleged debt.

 

 

[Ginni1062]

Hi unclebulgaria,

 

Thanks for this information and advice.

 

Maybe I will email the company stating what you have said, that way I haven't been ignoring them. Thanks again for the info and advice.

[dx100uk]

Just give your uk address

and advise your email is not to be used for any further communications letter only and they will all be blocked

[Ginni1062]

Hi dx100uk,

 

Thanks for the advice.

[Ginni1062]

Hi guys,

 

Just received another letter today from CLI stating that the client has instructed CLI to proceed through the courts in order to collect the debt unless I pay them within 7 days (even thought I haven't signed for this outstanding money and the agreement was I would pay it back once I started working for the company).

 

What are my next steps : /

 

 

[AndyOrch]

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

[dx100uk]

open

[Ginni1062]

Hi guys,

 

First if all, thanks to slick & dx100uk for reopening this thread. 

 

So CLI have been sending letters out consistently for over a year now but I have just been ignoring these threats and nothing has materialised just like you guys said originally when I posted on here. 

 

Yesterday I received a pack that states a claim form for the county court business centre?

 

I have attached an image of this pack.

 

I am not sure if it's legit as CLI have sent so much through the post saying they are coming to my door etc etc and nothing has actually materialised so just checking what my next steps are please guys.

Thanks in advance.

 

[unclebulgaria67]

Have removed image in last post as court claim number showing.

[unclebulgaria67]

Please read the linked to thread and provide the basic details of the Court claim received.

 

 

[Ginni1062]

Name of the Claimant ? CREDIT LIMITS INTERNATIONAL

 

Date of issue – 11 SEPTEMBER 2020 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

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
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes think we received something through the post regarding a pre notice.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO
 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? NO
 

When did you enter into the original agreement before or after April 2007 ? AFTER - BUT NOT AGREEMENT THIS WAS JUST EMAILS BETWEEN EACH OTHER.
 

Do you recall how you entered into the agreement...On line /In branch/By post ? VIA EMAIL - BUT THEY WAS NOTHING SIGNED ON MY BEHALF.
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? NO.
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. THE DEBT PURCHASER.
 

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

Did you receive a Default Notice from the original creditor? I RECEIVED INVOICES VIA EMAIL FOR OUTSTANDING BALANCE.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? JUST LETTERS FROM CLI STATING OUTSTANDING BALANCE THAT NEEDS TO BE PAID.

 

Why did you cease payments?I HAVE NEVER MADE PAYMENTS AND THE AGREEMENT VIA EMAIL WAS WHEN I STARTED WORK IN AUSTRALIA THAT I WOULD HAVE THE MONEY TAKEN STRAIGHT OUT OF MY WEEKLY SALARY. I HAVE NOT STARTED WORKING FOR THE COMPANY AND DIDN'T PURSUE THE VISA AS I WENT YO VISIT THE COMPANY AND THE JOB WASN'T WHAT IT WAS MADE UP TO BE.
 

What was the date of your last payment? NEVER PAID
 

Was there a dispute with the original creditor that remains unresolved? YES I SUPPOSE SO AS THEY HAVE PASSED THIS ONTO CLI.
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A
 

 

I hope this is all that is needed. I will now send a CCA request to CLI.

 

I am just filling in the CCA request and for the ref:

77 - Fixed Loans

78 - Credit Cards & Catalogues

79 - HP Agreements.

 

Mine are neither of these, any suggestions what to put here please?

 

Thanks in advance.

[dx100uk]

it was not UK credit so will not be covered by the CCA

 

just send CPR to solicitors.

[dx100uk]

interesting

 

on the fca register .... they are not..

 

 

[Ginni1062]

Hi dx100uk,

 

Thanks for your post, I haven't got a solicitor yet shall I approach one? And what is the CPR to send solicitor?

 

Also what is FCA? Does this stand me in good stead if they are not on this?

 

Cheers!!

[dx100uk]

they must be registered with the financial conduct authority in the UK and hold an appropriate licence to carry out financial matters inc court.

 

are you SURE the claimant is stated as CLI on the claimform?

there should also be a solicitor who raised the claim listed on the claimform

 

thats who the CPR31:14 goes too ...which is the last one in the link posted earlier asking for details of the claim.

no you don't ever need a solicitor.

 

dx

 

 

[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

[Ginni1062]

Great news!

 

Yes CLI are definitely the claimant on the claim form. 

 

So what do you think I should do in this situation? Is they anything I need to do?

 

I really appreciate this information!