N244 fees - discontinue and file new case an option?

[InetUID]

I have a default judgement against a Limited company for £145. They have made no contact with MCOL and no contact to the letter I wrote advising them I'd get a Warrant issued to seize goods. I'm wondering whether it's because I missed the Limited off the end of their name (stupidly, I let the address finder populate the name for me).

Contacted MCOL and the fee for amending the name is £100 which is disproportionate in relation to the amount outstanding. I realise it's my own fault for not checking before going ahead, but I'm wondering whether I can discontinue this case and file a new case (cost of £25) against the same defendant for the same reasons?

Thanks.

[ostell]

It's not the same defendant, it's a new defendant, the limited company defendant. I had this problem a couple of years ago, exactly the same reason. I discontinued and raised another claim. I believe that if there has been no response to the claim, ie no defence, then there are no penalties. They also ignored the new claim and I had a default win of £900.

[jaguarsuk]

It's not the same defendant, it's a new defendant, the limited company defendant. I had this problem a couple of years ago, exactly the same reason. I discontinued and raised another claim. I believe that if there has been no response to the claim, ie no defence, then there are no penalties. They also ignored the new claim and I had a default win of £900.

Crossed posts

[InetUID]

Crossed posts

Sorry, don't understand this - do you mean you posted the same advice at the same time?

Thanks

[jaguarsuk]

Sorry, don't understand this - do you mean you posted the same advice at the same time?

Thanks

I wrote much the same as Ostell, but at the same time and they posted before me. By labelling my post "Crossed" it removes the repetition and keeps thread on track.

[InetUID]

It's not the same defendant, it's a new defendant, the limited company defendant. I had this problem a couple of years ago, exactly the same reason. I discontinued and raised another claim. I believe that if there has been no response to the claim, ie no defence, then there are no penalties. They also ignored the new claim and I had a default win of £900.

In terms of penalties, am I correct in thinking I could be liable for the defendants costs up to the date of the discontinuance? Presumably, when no defence has been submitted, no costs could be awarded?