It''s been a week already since I received back my copy of the D8 Petition with a court reference number, and the court said that they''d sent out the respondent''s copy on the same date, so the deadline for "no response" is approaching.
On my D8 I said that I didn''t want to claim costs from the respondent. I was happy to pay the £340. But it now looks as though I''ll have to pay an additional £100+ to have him officially served with the Petition.
Do I have any opportunity to try to recoup those additional costs? I must admit, when I said I didn''t want to recover costs, it didn''t occur to me that he''d take the option of simply ignoring the petition. (Yes, I did get the correct address and I do know that he''s home just now.)
Ideally the claim for costs would have been made and then deleted at a later date if the respondent cooperated with the process. In this instance the Petition would have to be amended which would incur a court fee of around £100.
If you do go down the personal service route and you know where the respondent will be, it is quicker and more effective to use a process server/enquiry agent to serve the documents rather than use the court bailiff. The process server my firm uses charges as little as £55 for a local service provided that the respondent is served within a couple of attempts.
Even if you get a costs order, you still have to extract payment from your ex which can be a steep hill to climb. Sometimes it is better not to bother although the option might not be available is your finances are particularly tight.