Not sure if this is posted in the right section but basically in my Certificate of Entitlement to a Decree (I am the Respondent) it was to be ordered that I pay 50% of the costs of the Petitioner such costs to be assessed if not agreed. I didn''t attend the hearing of the decree but I did write to the Court asking if my understanding was correct that I had to pay 50% of £340 (the Court fee)(he is self repping). I never actually received a response and the Decree Nisi was issued. My ex is now demanding that I pay him £170 or he will commence proceedings against me for recovery. Can he do this? I have received no notification of any sums involved apart from his demands.
The costs aren''t actually payable until Absolute, but if you wait until then there might be more costs such as the Absolute fee of £45. Or your ex might decide to add some solicitors fees after all. If I were you I would get it confirmed in writing (if you don''t already have) that the requested £170 payment settles the costs claim once and for all, and then pay it. You will have got off very lightly.
Yes JamesLondon is right. If you bury your head or simply refuse to pay then they can take it to court for enforcement and the costs of that enforcement action would also be payable by you. So rather than a £170 bill you might get a £1000 bill.
However if you simply do not have the funds to pay it then you should tell this to the solicitor, or try to arrange a payment schedule with them out of court. Or say you will add/deduct £170 from the lump sum payment in the Consent Order, whatever works for you.
If they then take enforcement action after you''ve attempted to find and amicable solution then a costs order for the enforcement would be much less likely. A judge would probably say, "he/she has already offered to pay in monthly installments. This case was unnecessary. Get out of my courtroom".
oh!! thanks James, i am the applicant, got awarded full costs but he contested it and got awarded half. I don''t have a solicitor i am having to represent myself. I have asked for the money numerous times but get ignored. wonder where i go from here???? uniform shopping has wiped me out.