Withdrawl versus Discontinuance. Is there a difference?

[bureaucrazy]

I submitted a claim via moneyclaim online by accident, thinking the time was up after 5 years(when it is actually 6). After calling them the same morning to try to stop it, I was told that it was impossible to prevent the claim being served. I found out that there is a discontinuance procedure under 38 of the civil procedure rules where I must serve discontinuance forms to the defendants and the court. Even if I do this before they file a defence they can still apply to the court to prevent subsequent proceedings on the same matter.

 

I called the court today and was told that they could "withdraw" the claim on their computer and I must write to inform the defendants that this is done. Is this "withdrawl" different from "discontinuance"? I cannot find it in the civil procedure rules but I am speculating that if the claim is withdrawn prior to the date of service, proceeding have not yet begun and therefore "discontinuance" is not required? Is this right?

 

It's imortant that I am allowed to reissue the proceedings later but right now I'm not prepared and will mess it up if I carry on.

 

I'm confused and would welcome your opinions. Please state if your answer is fact or speculation.

 

Thanks

Edited March 7, 2011 by bureaucrazy

[hammyhound]

I am on the other end of a similar matter but as far as I am aware if you discontinue before a defence is filed you can then reissue at a later date - is there a specific reason why you need to discontinue.

 

HH

[bureaucrazy]

If the claim is discontinued before a defence is filed then normally one can re issue the claim without the courts permission but this is not guaranteed (I've checked and double checked). If I "withdraw" instead of discontinuing, is this any different? If I "withdraw" then there is no claim left to "discontinue"?? Are they one and the same thing? or is there a difference?

 

In answer to your question: My bank statements do not show the necessary details of who paid what and when. Whenever cheques are paid, they just aggregate the amount with no names of account details or amount of individual cheques. I need time to get the bank to find out how much and who the cheques were from. Also, I did not follow the pre action protocol, which I would like to try.

Edited March 7, 2011 by bureaucrazy

[bureaucrazy]

I want to get the withdrawl request in today. Could it stop me from bringing the claim later? Should I just discontinue without withdrawl? Thanks