Charging Order - Update

Pere_Ubu · 7 December 2005 at 8:24PM

For those of you whom have been following my ordeal with Asset Link and a charging order:

I was in court today re charging order. Asset Link are the applicants. They had a representative who was certain he was going to get what he wanted. Well, to cut a long story short it was adjourned because I raised a legal technacality - Asset Link had not informed our (my husband and I) other creditors that they were applying for a charging order. Asset Link Rep was not pleased and kept saying it was first come first served if the other creditors hadn't bothered then tough! The judge was not pleased with his attitude. I also mentioned the Mercantile case which again the judge took note off and said I had raised very important case law. I also said that Asset Link may be in breach of the Civil Procedure Rules by taking it to court when my husband and I have been making payments for a year now, they were basically wasting court time.

The judge pointed out to Asset Link Rep that a charging order was discretionary not as of right. The Asset Link Rep did notlike this. It has now been adjourned and we have been given an hour for the next hearing. All costs were stayed.

I will keep you guys posted. I feel good about today as Asset Link have bullied my husband and I for long enough.

For anyone else who has dealing with First National or Asset link. If they are applying to Northampton County Court for a CCJ. GET IT MOVED STRAIGHT AWAY TO ANOTHER COURT.

Bossyboots · 7 December 2005 at 8:33PM

Well done for standing your ground. I hope this will be enough to make them see that they should not be taking this action. Its a shame the Judge didn't just refuse the order. Did he give reasons why he adjourned it, rather than refusing. It seems to be you gave the Judge enough ammunition to refuse it now rather than having everyone go back.