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Genz Benz Shuttle - STOLEN..Found..gone again..now back home :)


rogerds
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My sad tale...I know... I know... we should NEVER do it !
Home late & tired after a gig.... hand in cast after a skiing accident... can manage the bass up the steps..
'thinks'.. cab & amp will be ok in locked and alarmed car till the morning....and a gig the following night
next morning... car door open....bag with amp and leads in... gone
(the only thing I can think of is that, struggling with front door key with hand in a cast... i probably hit the remote locking button on the car kay and unlocked the car... prat !)

local police sympathetic and carry out door-to-door that eve in case.... nothing
i leave info round local cash converters & music shops

a few days pass....

advertised on ebay !
but I can't tell ebay its stolen - they wont accept it from you or I - only from the police - and ebay make them jump through hoops too...

seller.... new id / zero feedback / payment only by paypal / & so sorry but collection not possible...... hmmmmm what do you think?

it really is far too easy to set up false id with ebay / paypal - sell stuff, collect the money and disappear

In the meantime of course someone, in all good faith, has bid (&won) the auction and (hopefully) will receive *my* GB !

so..... what should I have done?

Bid to win ? - and therefore give my name & address to someone who *may* be a criminal without knowing any of their details? and they could recognise mine?

Ask the seller a question? - and potentially give away any unique features?

The chap / chapess who bought it did so in good faith and it is possible, indeed, that the seller believed they were the rightful owner - in which case, although originally stolen the question of actual ownership now is really complicated (i used to think that the person it was stolen from still retained a legal right to it - not necessarily the case apparently!)

It is possible that the buyer may be able to claim a refund through ebay / paypal's buyer protection schemes if an item is proven to be stolen

(on the bright side.... it does mean that i had to get hold of another amp quickly - bought from a great basschat'er (not ebay !) so am enjoying testing out a different make...)

what would you have done? (apart from not leaving gear in the car !)

Edited by rogerds
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the legal owner (the person from whom it was stolen) is still the legal owner regardless of ANY circumstances inbetween - ignorance or lack of knowledge of the property's origins is not an exemption in law to allow some unwitting third party to become the new legal owner

you are still the legal owner and the thief is still the thief - anybody else who has unfortunately also been caught up in the chain of events is also a victim of deception/fraud by the original thief

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Police should be able to contact ebay and get the details of the seller and follow it up. The amp was stolen property. If it was yours and can be proven to be yours, you shoudl get it back and the buyer needs to take it up with the seller and ebay though their systems. It' syours, mate. Go get it back.

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have reported it to local police and 'actionfraud' and spoken with ebay (second time with someone helpful who says is passing on to ebay fraud dept...)
so... hopefully... info will be released by ebay to police.....then we take it from there

steve-bbb ... thats exactly what i always thought ! - but someone said its not *always* the case if no criminal intent on behalf of buyer and seller ??

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[quote name='rogerds' timestamp='1392380753' post='2367924']
have reported it to local police and 'actionfraud' and spoken with ebay (second time with someone helpful who says is passing on to ebay fraud dept...)
so... hopefully... info will be released by ebay to police.....then we take it from there

steve-bbb ... thats exactly what i always thought ! - but someone said its not *always* the case if no criminal intent on behalf of buyer and seller ??
[/quote]
I'd assume that might exempt the buyer from prosecution for handling stolen goods, but does not move the title of ownership from you to them.

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  • 3 months later...

just to finish the story - the good news is that an 'on-the-ball' local bobby, whilst checking out the details of another case of 'stuff' on ebay (apparently - there's a lot of it going on) - thought he recognised the name of the so-called 'seller' - and, lo and behold, whilst checking his 'stash' - what should they come across but a GB Shuttle !
Completely false ebay ID etc - 500 miles away from his true address...
Not actually in my hands yet - still required as 'evidence' - but should be back soon !
:)

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[quote name='rogerds' timestamp='1392339005' post='2367699']The chap / chapess who bought it did so in good faith and it is possible, indeed, that the seller believed they were the rightful owner - in which case, although originally stolen the question of actual ownership now is really complicated (i used to think that the person it was stolen from still retained a legal right to it - not necessarily the case apparently!)[/quote]

It's one of the differences between English and Scots law. Buying north of the border in genuine "good faith" puts you in a strong position.

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  • 2 years later...

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