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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Building on a previous question - Who to claim against? I

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Building on a previous question - 'Who to claim against? I have filed a claim against an individual'.

I think I may have a bit of a problem.

Happy with the decision that the claim I have is against the individual and that the claim is a breach of agreement / care of duty. He claims that he has put the money into the company (charity) he formed to administer the £13,500 entrusted to him. This agreement with the claimant included her investment producing a superior monthly return for her. As he promised the limited company (the charity) started to pay her a far better return each month. It continued to do so for 5 months before stopping in Sept 2013 with no further payment being made. Is the defendant actually correct that for at least this part of the claim the claim should be against the Limited company?

The defendant was the sole director when he started the company in May 2013 and then he transferred the companies registered address and in Sept 2013 appointed a director which is in itself a limited company of which the defendant is also a director.

Is that right can you appoint a Limited company to be a 'Director' of a Limited company?

Anyway it is the defendants advice and action that is the route cause, he is an actor in this. Can he now hide behind the cover of the charity being a Limited company.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : When you amend the claim you can add the company as 2nd defendant
Alex Watts : Does that help?
Customer:

Do I do that within Box 3 of N244?

Customer:

Do I simply state that I would like to add company X at address yy and then give my reasons for this?

Customer:

Can both requests ie 'add a defendant' and 'change POC' be made on the same form?

Alex Watts : Yes that is correct.
Customer:

Question on Company Directors. Can a limited company be appointed as a director of another limited company? I guess os as this is what is recorded on companies house? Just need it clarifying?

Customer:

Do I need to alter my POC, so that there is one for each defendant?

Alex Watts : Yes a Ltd Co can be a director.
Alex Watts : You don't need to make a POC for each, you can just add them to the amended POC but make clear in the POC who you are saying is liable for what.
Alex Watts : Does that help?
Customer:

Yes. should i just refer to them by their names within the POC. Currently the word defendant is used throughout the POC so do I keep with this and jsut insert names afterward ie ..... defendant (Mr XX), defendant (Company y)

Customer:

or do I get rid of the word defendant and just refer to them as 'Mr XX' and 'Company y'

Alex Watts : Yes in the POC you refer to them as first and/or second defendant.
Alex Watts : Does that help?
Customer:

OK so I guess I put a key at the end of the POC saying who is first and second

Alex Watts : Ok, Please remember to leave feedback before you go.
Customer:

is it protocol to put the defendant key at the beginning or end of the POC?

Alex Watts : You set out the parties, the terms and obligations, the breach, what you are seeking.
Alex Watts : Does that help?
Customer:

Thanks

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