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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46153
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i cared for my parents for many years iwas then asked to assist

Resolved Question:

i cared for my parents for many years iwas then asked to assist some one else i was aware i could earn extra money on top of carers allowance i told this person this fact and he stated he would pay me both my parents became worse dad went blind and had acolostomy which then became cancerous mum lost the use of her legs through diabetes then had overian cancer and septicaemia this went on for a number of years the other person kept telling me he would pay me but never did after dad died my car broke down and i informed him icould not care for him as he lived some 7 miles from him he stated he didnt want anyone else to care for him and would pay for the repairs as i had cared for him for a number of years without any money iassumed this was in part payment after this he started to pay me 45 to 48 pounds per week but through his company which i have since found out was a direct payment and should have been paid through his personal account as iwas employed by his company i should have been given all the rights of apart time employee confirmed by acas ie holiday pay etc i helped him 7 days a week 365 days ayear he told me after 10 years he did not need me and would no longer pay me i received no redundancy pay holiday pay or any other payments now he says he wants me to repay the money he repaired the car with or he will take me to court he is asolicitor but it seems he doesnt know employment law and is trying to frighten me he seems to forget all those years without being paid please can you advise me thank you please excuse my use of the computer i am useless
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

When did you stop working for him and what specifically would you like to know about this situation?

Customer:

i stopped in july 2012 but saw hm until december 2012 i did not receive my p45 and p60 until september or october 2012

Ben Jones :

ok and what specific questions do you have about this please?

Customer:

my question is can he claim this money back

Customer:

he owes me so much

Ben Jones :

Were there any conditions made when he agreed to pay for the repairs?

Customer:

none

Customer:

he only kept saying he didnt wan t any one else caring for his personal needs

Ben Jones :

To be honest it is quite unlikely he will be able to succeed with getting that money off you. He has to show it was meant as a loan, which you had both agreed to and on the understanding that you would be repaying it. For example if a specific condition was made that you would continue working for him for an specific length of time but you did not, then he could claim you breached these conditions and he should be entitled to claim the money that he spent on these false promises. However, none of this happened here - he offered to pay for the repairs and was happy to do so, it was done unconditionally and in good faith you continued to work for him. There is nothing stopping him from suing you if he really wanted to but that does not guarantee him anything and he could easily lose the claim without you having to pay anything.

Customer:

thank you ben you have put my mind alittle bit at ease you have made my weekend alittle better again please excuse my abismal attempt at using the computer iam atrue ludite

Ben Jones :

I have not noticed any difference to any other customer on how you used the system so you get full marks there anyway!

Customer:

thank you ben you dont know how much you have helped me have agood weekend and again thank you iwould recommend your service to anyone

Ben Jones :

You are most welcome, all the best!

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46153
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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