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

[Ginni1062]

Hi Andyorch 

I think the total cost for me and Family was around £8000 and they have been adding extra costs.

[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.

[unclebulgaria67]

Can CLI issue court claims acting as a debt collector, when they don't hold an FCA registration to conduct debt collection activity ?

 

I saw the image the OP added earlier and it showed that CLI had issued the court claim, saying they were assigned the debt on 20/7/20 ( think this was the date) 

 

If they are taking on debts under assignment, surely they need to hold FCA registrations ?

[AndyOrch]

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

[unclebulgaria67]

Could it be argued that the foreign company providing the Visa service were providing a type of credit facility, as they were going to collect fees for their services via a future payment arrangement ?

 

This is what the OP stated in first post

 

"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."

[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.

[Ginni1062]

Thanks for all this info guys.

 

This is all way out of my depth, but I will try and follow

 

No my wife wasn't going on a work visa it was all just add ons on to my visa so they adviced. 

 

So my first thing is to:

You need to acknowledge service of the claim form by Tues 29th Sept  4.00pm ...defend all - HOW DO I DO THIS?

 

You then have 33 days from and including the date of the claim to submit a defence - HOW DO I DO THIS?

 

Again, really appreciate all this information!!

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time

[you MUST file a defence regardless by day 33 ]
 click thru to the end
 confirm and exit MCOL.
..

..
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
..

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

[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 

[Ginni1062]

Brilliant guys!

 

I will get the MCOL sorted straight away and crack on with the CPR letter.

 

As soon as I have done these I will get all the emails I can find and where shall I upload these?

 

 

[AndyOrch]

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

[dx100uk]

read upload carefully please

one multipage pdf ONLY

 

dx

[Ginni1062]

Hi guys,

 

I have submitted the AOS on MCOL.

 

I have started the CPR letter but where it is asking for documents mentioned in the particulars of claim, (there is none on the particulars of claim) am I deleting all 1- 6 requests and the paragraph above the 1- 6 where it states (please treat this letter as my request...).

 

I think the only bit that relates to me from the template would be the confirmation of acknowledgment and the under £10k paragraph as the remaining paras are about documents etc which we don't have any I don't think? 

[dx100uk]

All visa application s encompassed by the contract

Copy of signed contract with original company

deed of assignment from company to cli

Detailed account statement showing how the claimant arrived at the figure claimed

 

Documents in the poc might not be listed but things are implied so they must disclose written proof

 

[Ginni1062]

Ahhhh. So should I add these in the sections 1 - 6 that I am requesting them?

[Ginni1062]

Hi guys,

 

So I have found the emails communicating between me and the employer etc. Obviously I am not going to send all communications as majority of it isn't necessary. Do you want me to just screen shot the important bits and forward obviously removing names etc

 

Cheers

 

 

[dx100uk]

Which you keep to yourself....

the claimant can only rely upon what they disclose

[Ginni1062]

Sorry, I mean send/upload to here for help with the defence.

 

Also I have the immigration agents contract that clearly states the sponsor is 100% responsible for the invoice. Shall I just take screen shots of these important bits and upload to get a defence.

 

I will just upload the full contracts (names etc edited) tomorrow.

I have the company contract which is the job offer that mentions nothing about paying the money back.

 

I also have the immigration agents contract that states the sponsor: (Oz company) is 100% responsible for the fees. 

 

I do have an email from a member of the Oz company stating that the agreed amount will be paid back monthly till it's settled. ( I can't find the email where it says out of my weekly salary) but here I haven't signed anything. 

[unclebulgaria67]

DONGARA MARINE PTY LTD

 

Is this the name of the sponsor company ?

 

You have documents showing you entered into agreement for them to become responsible for costs, which would be paid back later via your wages ?

 

Is there anything stated about what happens, if you could not start your employment ?

[Ginni1062]

Yes they are the sponsor company.

 

I do have the contract from the immigration agents stating that the sponsor (Dongara Marine) are 100% responsible for the costs.

 

I can't seem to find the email where it states out of my salary, it just says of I can't afford the visa payment then they will pay it up front and I pay it back monthly. (No start date etc though on the email) - also I haven't signed anything this was just an acknowledgement in reply to an email. 

 

There is nothing stating if I don't pay it back either anywhere 

[unclebulgaria67]

It may help to add PDF copies of emails, employment contract offers etc, where anything about visa or costs related to this pre-employmemt help, is stated. 

[Ginni1062]

 

 

 

 

 

Hi guys please find attached above the evidence relating to the case. if there is anything else needed to draft up a defence just let me know. 

 

much appreciated guys!!

docs1.pdf

[unclebulgaria67]

I think it is clear from the visa options document that the employer offered to pay the costs and there would be a need to repay the amount. They just don't go state what happens, if you could not start the employment. 

 

Others on here are more aware of legal matters and hopefully they will comment further in due course.

[Ginni1062]

Hi guys,

 

Still not heard anything from back from CLI.

 

I also received this email the other day from the employer in Oz stating an unpaid invoice? Would they still need these if they have passed over the debt to a third party?

 

Cheers,

Ginni

 

Dongara marine pty invoice.pdf

[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