Second charge advice please

smilygirl

Hi there

Yet another Welcome Finance request ( see my thread, welcome finance nightmare for details)
I am disputing whether my CCA can be enforced as I am trying to sell my flat and Welcome are demanding a ransom for a settlement figure, which in turn has driven me to question the validity of the loan (thank god for seeing the light) In the process of this I have discovered that the second charge they have put on my property is for a loan signed in October 2001 (charge granted and on title deeds for January 2002) this loan was paid off with another more expensive loan which I couldn't afford, but being a new home owner was terrified by their tactics etc so signed....in October 2002, there was no charge documents signed for this loan.

My question is, and forgive my ignorance, the land registry have been less than helpful, does a second charge carry over legally even if the initial loan is paid off? How is a charge applied through the courts and will it be against the first loan number, therefore it should be discharged? as the loan was paid and Welcome should have re-applied for a further charge? If this is the case how do I get it removed? Is there a form by which I can apply for it to be discharged? Is this a lawyer thing only? Also if it is discharged legally and they haven't a charge for the current loan can they apply for one at such a late date (6 years after the loan was issued!!) Or does the charge exist regardless of the loan/s details?

I am waiting to file an N1 with a lawyer but as it will be legal aid I'm working out the finer financial points of a court case. Welcome are pretty much ignoring me so any legal pointers would be very much appreciated.

Interestingly in their ignorance they haven't yet hassled me for any payments, which I stopped 3 months ago?

Any advice or pointers always wel....happily received

Smilygirl:D