Money Claim - can I withdraw?

[Marcus1967]

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'.

[SabreSheep]

Hi there

 

I have moved your thread to the legal forums as you have submitted a claim.

 

Someone should be aorund later but it is a bit slow on the weekends

 

Regards

 

SS

[citizenB]

I think that is the only way to cease your claim is to discontinue in the proper manner.

[SabreSheep]

If you feel you have a strong case you can always agree a settlement at any time and then issue a discontinuance,

 

You can also seek the other parties permission to withdraw your claim I think.

[Marcus1967]

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.

[citizenB]

If this is a small claim, then costs would be very limited anyway.

 

I doubt the defendant would have racked up any costs if you have just issued the claim.

 

Contact MCOL tomorrow and please let us know how you get on.

[Marcus1967]

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.

[ThedaBara]

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.

 

Absolutely true, unfortunately...

[Marcus1967]

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.

[steampowered]

It would be best to complete the proper discontinuance form and send to court, with a copy sent to the defendant.

[Marcus1967]

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?

[andydd]

Absolutely true, unfortunately...

 

True but the summary judgement/strike out procedure can be used to strilke out meritless/vexatious claims/counterclaims, as this is done pre-allocation you can claim costs.

[andydd]

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.

 

I disagree. Its upto you to decide whether you make a claim or not, as soon as you have it involves staff doing work which involves costs, etc. Claims cant really be made in 'error' and you should of followed all the various CPR rules and tried to settle it before starting court action.

 

Let this be a warning to others, discontinuing may involve cost risks unless you are careful

[Ganymede]

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.

 

This wasn't an error though. You simply changed your mind.

[Marcus1967]

This wasn't an error though. You simply changed your mind.

 

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

[renegadeimp]

But it wasnt an error On MCOL's part. You simply went in head first. A mistake for sure, but thats why all the CPR rules exist. A claim through MCOL should be an absolute last resort when all else fails.

[steampowered]

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?

 

The Defendant could in theory make a counterclaim at the same time as filing his defense. It is incredibly unlikely that he will have managed to do that in just a day or two.

 

Of course, if the Defendant does have a genuine claim against you, he could raise that by filing a claim form with MCOL and paying the appropriate fee.

 

I would say that the risk of the defendant getting any costs is incredibly small. Costs liability would only cover the date between the the defendant receiving the claim and the date on which the defendant was served with the notice of discontinuance. As you discontinued almost immediately it is very difficult to see what costs there could be possibly be. Just send the notice of discontinuance to him first class recorded so that you can prove he got it.

[ThedaBara]

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

 

I am sure if you discontinue they will be glad to be 'off the hook' and doubt they will try and make something of it...

[andydd]

I am sure if you discontinue they will be glad to be 'off the hook' and doubt they will try and make something of it...

 

Which is why it was mentioned above that one option is to approach them and agree to both drop hands andngree to a discontinue with no costs, these scenarios sometimes can involve a consent order, you both agree for case to end or that one side will pay £xx or do xx.