Un-insured loss and out of pocket expenses

chrispcnc

:mad: :mad: :mad: Advice please ...In a nut shell...

I agreed to deal diret with Churchill Ins after their client hit my vehicle...All has been repaired now...

Have just sent in my itomised claim for un-insured losses and out of pocket expenses. As I am s/e they are demanding to see a copy of my tax return to work out my claim for loss of earnings ie two and half days. I believe that to demand to see my tax return is against data protection legislation... I have sent a covering letter from my accountant (Registered accountancy company) confirming hourly rate / day rate etc. Churchill will not except this and continue to demand to see tax return..

I am now considering action in County Court small claims.
In todays world of infomation being lost and miss-laid, I think I have a right for my tax return to remain private..
HELP PLEASE any idea's

Quentin

Your accountant's letter should be quite sufficient.

You could reply with a Letter Before Action that you are not prepared to pass them your tax return, and give them 14 days to pay you your itemised out of pocket losses otherwise you will take court action against their client to recover money you are owed.

LadyIndecisive

Have they agreed to the number of days but not the amount claimed?

Is it a fairly high sum (well above average earnings)? Do you achieve a full days earnings every day and is this covered in your accountant's letter? Are Churchill arguing that you don't earn the hourly rate every day, or that you don't work a full day every day?

Could you agree to meet with the claims handler and bring your tax return with you?

Just some thoughts.

geri1965_2

I would ask to see tax returns as well and I have done in the past. A letter from an accountant is not sufficient proof.

mattymoo

Onus is on you to prove the extent of the claim and full accounts / tax returns are sometimes the only way to do this.

LadyIndecisive

Depending on sum claimed, insurer and handler an accountant's letter could be sufficient, but would need to detail an average daily earnings figure calculated from the last tax return. Not simply the claimant's hourly/daily rate as OP states his letter confirms.

geri1965_2

I wouldn't trust an accountants letter, personally. Some of them will say anything.

LadyIndecisive

Yes, does depend on the handler and the insurer. Perhaps geri1965 is dealing with this one :-)

Clive_Woody

chrispcnc wrote: »

:mad: :mad: :mad: Advice please ...In a nut shell...

I agreed to deal diret with Churchill Ins after their client hit my vehicle...All has been repaired now...

Have just sent in my itomised claim for un-insured losses and out of pocket expenses. As I am s/e they are demanding to see a copy of my tax return to work out my claim for loss of earnings ie two and half days. I believe that to demand to see my tax return is against data protection legislation... I have sent a covering letter from my accountant (Registered accountancy company) confirming hourly rate / day rate etc. Churchill will not except this and continue to demand to see tax return..

I am now considering action in County Court small claims.
In todays world of infomation being lost and miss-laid, I think I have a right for my tax return to remain private..
HELP PLEASE any idea's

If you went to County Court they would ask to see a copy of your Tax returns anyway before ruling on your claim, so save yourself the bother and send them a copy recorded delivery.

I don't see how this would be 'against data protection legislation', the insurance company are simply doing their job and checking that the claim is valid (and of course checking the figures you supplied are not inflated).

Quentin

A tax return doesn't show the tax payer's hourly rates of pay!

And a sc court would decide the case on the documentation supplied by the claimant, not ask for any documents to be supplied.

LadyIndecisive

The defendant can make a request for further information to be supplied. The claimant can object to this in which case the requesting party can apply to the court for an order to comply. It is then up to the Court to make the order.