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  • FIRST POST
    • MysteryPunter
    • By MysteryPunter 17th Aug 19, 9:23 AM
    • 34Posts
    • 16Thanks
    MysteryPunter
    MCOL - discontinuance of claim
    • #1
    • 17th Aug 19, 9:23 AM
    MCOL - discontinuance of claim 17th Aug 19 at 9:23 AM
    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
Page 1
    • MysteryPunter
    • By MysteryPunter 17th Aug 19, 10:33 AM
    • 34 Posts
    • 16 Thanks
    MysteryPunter
    • #2
    • 17th Aug 19, 10:33 AM
    • #2
    • 17th Aug 19, 10:33 AM
    Ended up completing the Notice of Discontinuance form and will also call MCOL first thing Monday. Whatever will be, will be....
    • NutWorld
    • By NutWorld 18th Aug 19, 8:31 AM
    • 34 Posts
    • 25 Thanks
    NutWorld
    • #3
    • 18th Aug 19, 8:31 AM
    • #3
    • 18th Aug 19, 8:31 AM
    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
    Originally posted by MysteryPunter
    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)
    Last edited by NutWorld; 18-08-2019 at 8:38 AM.
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