Enforceable "All Monies Charge" with Welcome Finance now Coast Finance??

KnightD24_UK

Good Afternoon 
My husband and I have separated and are getting divorced and will be going through a full financial separation (very early stages)

Since his leaving I have opened a letter from Coast Finance stating they are going to start repossession proceeding. 

My Ex husband took out a loan (secured) with WF in 2007 in his name, however secured against our mortgaged property (both names on mortgage). I did sign to agree for this to happen. 

Unknown to me he then returned in 2009 and took out a further £10k (re wrote the loan to cover the past loan and get extra). 

I did not sign for this to happen. They are defending it by saying "At this loan meeting (2009) a new Legal Charge was prepared but never used as the original charge from May 2007, an "all monies" charge, signed by both parties was still valid". 

The letter also states than in Nov 2010 the loan was reduced (by around £1500) in "the re write of the loan" (to remove a PPI charge). Again unknown to me and nothing signed by me. 

My questions are these

• This "all monies" charge would never have been explained to me and must be hidden in some tiny print which means I was duped into signing something giving my husband at the time full range to go get additional funds against our house without my knowledge. I would NEVER have agreed. 
• The Loan is in his singular name, but they want to reposes me. 
• Surely there is something about irresponsible lending - he never paid over the 2 years the initial loan (I have later found out from a statement sent through) so why on earth would they lend another £10k to someone who clearly couldn't afford (or had no intention of paying) the first sum of money lent to them?! 
• Lastly, this was in 2007 / 2009 and they are chasing now - in 2021?! To my knowledge no payments have been made since 2009. 

I have called Coast and have been advised to seek legal advice. They have given me 3 weeks. I have sought legal advice and they have informed me it will be £234 per hour, which could rack up to thousands. Citizens Advice cannot give me legal advice. I do not get any benefits therefore no legal advice. I am happy to communicate with the loan company myself however have no idea which pieces of law or legislation to be quoting and cannot find anything relevant online! 

Any help would be hugely appreciated! I am at my wits end.

NB I cannot communicate with my husband as he is currently on bail and there is a non mol order in place for his harassment and domestic violence towards me. We have 3 children in the house. 

MWT

I would suggest you contact Shelter and see what advice they can give.

It sounds like this was a 2nd charge loan on your mortgaged property, and I'm sure others will correct me on this if needed, but until around 2016 these loans were not regulated to the same degree as other residential mortgages.

Even though the loan predates the change in regulations there may still be some help from the changes:

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/mortgage_possession_proceedings/possession_proceedings_for_second_charge_loans

This is why I suggest talking to Shelter.

ACG

They are not looking to repossess you, they are looking to repossess the house in order to repay their money which they believe is valid. 

Call them up and ask them if their response was final and if it is, can you have a letter confirming they are rejecting your complaint so you can take it to the financial ombudsman.