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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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, I have received a letter from personal injury law firm.

Customer Question

Hi, I have received a letter from personal injury law firm. The back ground is a lady used to provide domestic cleaning service to my house on casual basis
and charged us £8.00/- an hour. She has provided this service once a week for a maximum of three hours and there are some weeks she could not able to do this because either she is unavailable or
I am not available. She generally did cleaning of kitchen, bath, toilets and hoovering the house. She had a car accident 15 months ago and stopped providing this
service. She has instructed a law firm to claim against the person caused the accident for loss of earnings. The law firm has written to me asking to respond for
few questions like how long she provided the service, how much I have paid between June 2013 and September 2013, whether she has done any cleaning after the
accident, any payment receipts or invoices and list of her tasks. I like to respond to this letter as in the subject they have put down her details
as their client/my employee which is not true as she was not an employee. Can you help and advise?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Is this her solicitor or claimants solicitor?

What exactly is your query/

Was she declaring this income or claiming any benefits?

Thanks
Customer: replied 1 year ago.

This is from her solicitor.

Do I need to respond to this letter?How do I respond to this letter? Will you able to help me correct the draft reply I have produced?

I am not sure about the third question.

Expert:  Jo C. replied 1 year ago.

We can comment on individual points in the letter of course.

There is nothing to be gained by not replying.

Strictly speaking, you can only disclose this information if she agrees so you should ask her or what you might want to do is write back to them and tell them that you are happy to disclose the information but you can’t do without their clients authority and if they want to send you that authority, you will be happy to reply.

When you do reply, simply state the facts as they are. You are not commenting but merely making statements. If it’s something that you have no knowledge of, simply say I have no knowledge.

Customer: replied 1 year ago.

Ok, She has asked the solicitor to write to us to get the information.

Can you help me replying individual points. I have given my statements as well.

First I have given a paragraph to clarify that she was not my employee like below before providing the information. Is this okay?

In
reference to your above letter, I would like to clarify the following, before
providing information requested. I have not employed Miss Angela Sullivan and
she has never been an employee. She was providing domestic cleaning services to
my house on casual basis and charged me £8.00 an hour. She has provided this service
once a week for a maximum of three hours and there are some weeks she could not
able to do this because either she is unavailable or I am not available.

Expert:  Jo C. replied 1 year ago.
That paragraph is fine
Customer: replied 1 year ago.

Thanks.

Individual Points:

1) COnfirmation as to the period of time worked for you prior to the accident: She did not work for us, just provided cleaning services for around three years prior to the accident. 2) Details of cash in hand sums that were paid: I have paid £24.00 a week, for the weeks she has provided this service and this include the weeks from June 2013 and until 27th September. During this period, I have been away for two weeks in August for which I have not paid. 3) Confirmation whether she has been able to carry out ceaning after the accident: She has stopped providing this service from 27th September 2013 and did not come back until first week of March 2014 when the cleaning was not required anymore. 4)Any evidence of payments made such as invoices or statements No 5)Job Title and list of tasks She generally did cleaning of kitchen, bath, toilets and hoovering the house.

Expert:  Jo C. replied 1 year ago.
Also fine
Customer: replied 1 year ago.

Finally the letter received was addressed as The occupier. Is it okay to reply with my details?

Do I need to have any concerns by providng this reply?

Expert:  Jo C. replied 1 year ago.

The solicitor is the claimant’s solicitor and therefore I can’t see anything sinister in the asking or the reply.

It does seem remarkably odd that this lady knows you and knows your name and yet the letter is addressed to “the occupier”.

I would either write back to the firm (without giving my name) and tell them that you will be happy to provide the advice if they care to write to you personally and they provide postage or raise the issue with the lady and tell her to ask them to write to you personally!

There is no reason why you should have to go to the inconvenience of actually buying and paying for stamps. The solicitor will not be doing this for nothing. He will be charging almost £200 per hour.

You can actually ask them for a reasonable fee for doing it if you wish although that is up to you.

Incidentally there is no absolute obligation to provide this information although there is nothing to be gained by not letting them have it.

Customer: replied 1 year ago.

I am not sure whether it is due to the lady knowing my first name only.

As they have addressed for the occupier, I did not open the letter first time for two weeks. I have received a follow up letter last week with a stamped envelope for the reply. Shall I send them reply with my name?

Thanks for your adivce!

Expert:  Jo C. replied 1 year ago.
Sorry about the delay. This dropped off my question list.
Yes, you can do that. Wouldn't do any harm.

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