Unsure if the defendant is the individual or company?

[dogland]

Hello,

Background
Until recently, I was under LPA and, whilst under LPA, I faced significant financial abuse by my attorney (my son). During this period, my house was placed, in part, in a trust by my abuser and my life savings were depleted in excess of £100k.

My abuser 'invested' my savings (£100k+) into his company, though I have verified independently that I hold no shareholding(s) nor am/was I ever a director of such a limited company. Instead, I have since learnt that he passed a motion to convert my funds into his own share capital within his company.

I have been advised by respected entities and the police to report this as fraud, but at this time I just want my money back, without my son facing a criminal conviction, given he has a family to provide for.

Query
I intend to pursue this matter civily via the money claims online service. However, I don't want the case to be thrown out over technicality. Hence, I'm trying to ascertain if the claim can be against my son (in his own name) or if it has to be against his company? The payments from my bank account to his company had a reference of my name, but no other reference.

Many thanks in advance for any help.

[atticus]

On what you say, you should sue both.

[dogland]

Thank you for your swift response.

My son (in his personal capacity) has over £100k equity in my home which is being sold. I'd like to try and recover my money from the funds he's set to receive from the house sale (even though I paid for the property in full). Should I still put the Money Claim Service (MCOL) claim against both entities or just his name?

I hear his company has little to no money or assets, so unlikely to settle the claim even if I win.

[Pezza54]

Please read the article "SHOULD PROCEEDINGS BE RAISED IN THE HIGH COURT OR THE COUNTY COURT?" at www.shepwedd.com
MCOL cannot be used for claims over £100k

Please also see Practice Direction 7A - How to Start Proceedings - The Claim Form
In particular 3.4 If a claim for damages or for an unspecified sum is started in the High Court, the claim form must -
(1) state that the claimant expects to recover more than £100k

[PallasAthena]

As attorney your son had a legal duty to act in your best interests, including what he could invest your money in. From.what you say he has clearly breached that duty and unlawfully invested your money into his own business.

You should report his actions to the Office of the Public Guardian

https://www.gov.uk/report-concern-ab...eputy-guardian

[dogland]

Thank you. I reported it to the Office of the Public Guardian's safeguarding team, but because I have mental capacity they offer no support Hopefully the cross-party Powers of Attorney Bill goes through parliament, as the safeguarding team should help people like me.