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MCOL - discontinuance of claim

edited 30 November -1 at 1:00AM in Consumer Rights
2 replies 551 views
MysteryPunterMysteryPunter Forumite
35 posts
edited 30 November -1 at 1:00AM in Consumer Rights
Yesterday evening, I raised a claim on MCOL with respect to a small debt I am owed. Having given it much further thought over night, I have had a change of heart and concluded the negatives from doing so will outweigh the potential benefits. I therefore no longer want to proceed.

The case currently has a status of "Requested". Is there any way of stopping it being issued? I am not looking for a refund of the fees.

I cannot see any button to chain claim status online to discontinued. Therefore I think my only option is to wait until it is issued then send a Notice of Discontinuance. Ideally, however, it would not be issued as that will cause some of the negatives to materialise.

I appreciate this is my own fault.

Any suggestions?

Thanks

Replies

  • Ended up completing the Notice of Discontinuance form and will also call MCOL first thing Monday. Whatever will be, will be....
  • edited 18 August 2019 at 9:38AM
    NutWorldNutWorld Forumite
    57 posts
    edited 18 August 2019 at 9:38AM
    Yesterday evening, I raised a claim on MCOL with respect to a small debt I am owed. Having given it much further thought over night, I have had a change of heart and concluded the negatives from doing so will outweigh the potential benefits. I therefore no longer want to proceed.

    The case currently has a status of "Requested". Is there any way of stopping it being issued? I am not looking for a refund of the fees.

    I cannot see any button to chain claim status online to discontinued. Therefore I think my only option is to wait until it is issued then send a Notice of Discontinuance. Ideally, however, it would not be issued as that will cause some of the negatives to materialise.

    I appreciate this is my own fault.

    Any suggestions?

    Thanks
    It is important to note that the court cannot withdraw your claim (however quickly you contact us) once it has been successfully submitted in order to stop the claim pack being sent out to the defendant. If you wish to discontinue your claim after submission you will need to contact the court and notify the defendant. Please note that you will not be eligible for a refund of the court fee.
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/458835/money-claim-online-user-guide.pdf (page 13)

    Or as I see you have since done
    It is important to note that the court cannot withdraw your claim (however quickly you contact us) once it has been successfully submitted in order to stop the claim pack being sent out to the defendant. If you no longer wish to proceed with the claim you can discontinue the claim as per CPR 38.3. In these circumstances you are required to file a Notice of Discontinuance (N279) and serve this on the defendant and the court. Please note that you will not be eligible for a refund of the court fee.
    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/762843/mcol-userguide-eng.pdf (page 11)
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