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    • Isas already allow you to earn tax-free interest on up to £20,000 each tax year. But under recent reforms, they are now supposed to be more flexible.View the full article
    • The NTK is pretty good at complying with the Act  as is the Notice to Driver so no help there. I seem to remember OPS getting hammered by a Judge [in brighton I think] so they seem to have tightened po their act since. The organ grinder is the MA and the monkey is OPS.
    • @jk2054 and @BankFodder - Your feedbacks in posts #199 and #202 have been incorporated into the attached WS. As usual, amends are in blue in this draft. Based on other WS drafts I've seen where the issues in dispute are part of the WS, I built my first draft WS in the same format and hadn't seen it to be an issue before. You will notice that the 'witness statement' has been replaced with 'Claimant's Statement' so that issues in dispute does not need to be on a separate page before the WS. This is especially given the work that has gone in to reduce the size of the WS to 8 pages. Also thanks for the suggestions re: confidentiality - I agree with your views and will stand firm on this if a condition of confidentiality is brought up. I have not been approached by Evri on this forum or by email. I haven't yet had success in paying the hearing fee. I am calling the court as often as I can (during work breaks/lunch etc.) and have sent 2 emails to the court requesting a call back. If i don't have any success by the end of this week, I'll send another email chasing for a call back. @BankFodder - Also attached is an invoice from Packlink which shows that I was charged by Packlink for these services: "drop-off at EVRi - Next day delivery" and "Proof of Delivery". It also has the payer's address and there are "Origin" and "Destination" fields which have the postcode of the sender and the recipient (I have redacted personal details in the attached invoice).  I am already including this in my evidence bundle (without the redaction) but wanted to share this redacted version so that other people can consider this as example in their bundle of Packlink and Evri's contract being instigated by the sender of the parcel who has paid for the service, and further shows that there is information in the invoice to identify that a third party beneficiary (sender / recipient) is present in the contract between Packlink and Evri. If this invoice is no good, then please let me know / delete it from this post. Draft - Witness Statement and Court Bundle redacted.pdf Packlink invoice - REDACTED.pdf
    • It can be frustrating when clients fail to pay for services or products rendered, ignore payment reminders, or claim an inability to pay. How quick do you pass to a Debt Collection Agency like www.corporatedebtrecovery.co.uk 
    • The Court s pretty informal. The Judge [who you call "Judge" rather than Sir or madam] will not be wearing a wig and gown just a suit and it is advisable that you do the same and a tie. Other than that the Judge will do most of the talking .If they haven't received a WS from the scrotes either the case will probably be thrown out straight away. Usually the Judge will ask their lawyer a number of questions then ask for your take on things and then the case will be decided.  UKPC 0 Mystic Bertie 5. Then ask for your expenses time off work [if not being paid by your company while in Court, travelling and parking costs and occasionally they will allow something like 5 hours research at I think £8 per hour. Later celebrate and post us the result and how much fun it was. You will wonder  why you worried about it so much. Next time will be much easier.🙂
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CLI/IRD Claimform - Australian Visa Fees relating to potential Employment


Ginni1062
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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.

We could do with some help from you.

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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 ?

We could do with some help from you.

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We could do with some help from you.

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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."

We could do with some help from you.

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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.

We could do with some help from you.

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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!! 👍👍

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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]
 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 

  • Like 1

We could do with some help from you.

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  • AndyOrch changed the title to International Debt Collectors! (Credit Limits International LTD) Court Claim received

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

We could do with some help from you.

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read upload carefully please

one multipage pdf ONLY

 

dx

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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? 

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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

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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

 

 

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Which you keep to yourself....

the claimant can only rely upon what they disclose

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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. 

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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 ?

  • Like 1

We could do with some help from you.

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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 

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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. 

We could do with some help from you.

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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.

  • Like 1

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  • 3 weeks later...

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

 

We could do with some help from you.

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