Yes, I did, so it was an error all the same. Not a technical error, but an error in deciding to submit.

I did this today, but can the defendant counterclaim on receipt of the papers even though I have issued the discontinuance notice today, the same day my claim was issued? Can he also claim costs against me?

I called the MCOL helpdesk and they confirmed that it is now not possible to cancel a claim once submitted. They also cannot refund the fee. Absolutely wrong and idiotic as there should be a cooling off period of at least 24 hours to allow any claims submitted in error to be cancelled. Unfortunately the Ministry of Justice does not accept common sense. They suggested going down the discontinuance route. As long as I issue it today and send it promptly to the court and defendant there should be no further costs incurred as the defendant will receive the notice before the papers have been served.

Until the case has been allocated as a small claim there is no limit on costs. If the defendant issues a counterclaim for an amount higher than the threshold for small claims, and this is accepted by the judge, then it's possible that the case could be reallocated as a fast track or multi track, leading to potentially unlimited costs. This tactic is often used by big companies and rich individuals to bully and threaten people away from suing them. The legal system in this country was written by the rich and powerful and is biased in favour of the rich and powerful.

The defendant is a psychopath who has threatened me with a counterclaim and other vexatious actions in order to derail the process. He is also a convicted fraudster, as I later found out from an internet search. I am sure he won't agree to any settlement and I don't want to ruin my heath worrying about trials etc. All I want to do is withdraw and prevent the papers from being served. This website seems to indicate that this is possible if I call the MCOL people in Northampton before 10am tomorrow morning: http://www.aboutsmallclaims.co.uk/small-claims-online.html It's under 'The Online Procedure'. You do not have to get the defendant's permission to discontinue a claim - you can do so at any time, but you run the risk of having to pay their costs if you do so prior to allocation.

I've just submitted a money claim for a small amount (less than £300) against someone offering a service with a stated money back guarantee which he refused to honour. On reflection I have now decided that I cannot be bothered to go through the hassle of courts etc for this modest amount and want to withdraw the claim immediately. Can I do this by calling the MCOL number on Monday morning first thing and stopping the claim or do I now have to go through the formal 'notice of discontinuance' process etc? I would rather not do the latter because that leaves me open to additional claims from the defendant, does it not? The current status of the claim is 'requested'.