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No response to D8 - can I claim costs for serving?

  • SilverFir
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28 May 12 #333622 by SilverFir
Topic started by SilverFir
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.)

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29 May 12 #333665 by LittleMrMike
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I have never, in five years + on wiki, heard of such a claim being made, let alone succeeding.

LMM

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29 May 12 #333678 by .Charles
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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.

Charles

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29 May 12 #333852 by SilverFir
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Darn it ... Sounds like I should have anticipated his bloodymindedness! Oh well.

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30 May 12 #333970 by .Charles
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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.

Charles

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08 Jun 12 #335781 by SilverFir
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Just to update the thread ... three weeks later, he hasn''t responded. So I''m going down the route of having him served.

Flippin'' idiot.

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