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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I lived with my partner years in a property which my

Resolved Question:

Hello. I lived with my partner for 5 years in a property which my partner's mother owned.
We decided to replace the windows as they were extremely old and I took the finance out to do this.
My relationship has now ceased and i have moved out. The finance of the windows is in my name alone. Am i still liable to pay for the windows in a propery i do not live in.
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

When did you buy these?

Was this a hire purchase agreement or a personal loan?

How much were the windows?

Customer: replied 8 months ago.

2014

It was a finance loan through the window company but its with Barclays Bank

£3400

Expert:  F E Smith replied 8 months ago.

Thank you. I think it is likely that this is a personal finance agreement the purpose of which was to buy windows. It may not be, but it doesn’t affect my answer but if it is, it will help me explain. Basically, you borrowed money from the bank and spent it on something. You spent it on windows. You could just as easily have gone on holiday with it or gambled it but, you chose to spend it as you did. Hence, as you took finance out, you remain liable. The same applies however even if it is higher purchase, it’s just the purpose then which is fixed.

Whilst you remain liable to the finance company under the terms of the loan, if you were in a stable relationship which you thought was going to continue and hence you would get some kind of benefit from these windows when you were at the property, then you would be entitled to some recompense from the owner of the property in respect of what you left behind.

You have no entitlement to the windows themselves because once something is attached to a building, it becomes part of the building.

You do remain liable to Barclays I’m afraid. Sorry.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8975
Experience: I have been practising for 30 years.
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Customer: replied 8 months ago.

what kind of recompense do you think would be fair?

I understand i am liable but is there grounds for them to take over the window payment as i do not live there?

Expert:  F E Smith replied 8 months ago.

As far as the lender is concerned, you borrowed the money and you chose to spend it on windows in someone else’s house, and that’s your problem.

From the house owner’s point of view it’s not unreasonable for them to take over the payments but it depends whether they actually wanted the windows in the first place and you insisted that it was a good idea or whether there was any kind of agreement that you will be repaid if ever the relationship ended.

If your ex will not pay you anything, you would have no option but to go to court and it would be for a judge to decide whether there was an agreement for these to be repaid if ever you broke up or if you in effect, forced the windows onto your ex which your ex reluctantly accepted. If your ex did not have the financial wherewithal to put the windows in, when they were put in, it’s likely that the court would not order the X to pay for them.

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