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Is possession 9/10's of the law?


Ashweb
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I go by the old saying treat others as you would like them to treat you. If a family member sold one of your basses would you just let it go and put it down to experience or would you be very upset and want it back? Could you or would you report you own child to the police to get the bass back. I know I would be devastated so that why I would give the bass back but I would not want to be out of pocket has the buyer either. For me it’s not about getting away with it it’s about doing the right thing.

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[quote name='ironside1966' timestamp='1453391179' post='2959080']
I go by the old saying treat others as you would like them to treat you. If a family member sold one of your basses would you just let it go and put it down to experience or would you be very upset and want it back? Could you or would you report you own child to the police to get the bass back. I know I would be devastated so that why I would give the bass back but I would not want to be out of pocket has the buyer either. For me it’s not about getting away with it it’s about doing the right thing.
[/quote]

This seems a bit murky to me - is the dad just doing this to get back at his ex? Did he just change his mind about giving his son the bass when he found out his son sold it rather than take up playing like his old man? Is the shop being straight - the OP hasn't divulged the bass, did they just sell too cheap and want to go back on it?

The right thing is only right if everyone else is being straight up.

Personally I would send it back if suitably compensated as I just wouldn't want the aggravation.

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As others have said, take the refund. If the father wants his bass back, then so be it...
The seller / shop on ebay are also trying to do the right thing, and the decent thing for yourself - i.e. the innocent customer
But again, as others have said - let the Police know you are doing this
Send it registered / insured. Get your refund, and buy another bass

Out of interest, what bass is it? - Hope this is resolved, and hope you can get another bass that you're equally happy with

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"There is a despute over the ownership of the bass."

Two choices.
1. Return the bass for a full refund.
2. Tell the shop you have the bass and will hold on to it until the 'despute' is resolved and the police are free to contact you.

If the police do contact you and collect the bass, don't expect a full refund without a lot of hassle.

Your call.

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[quote name='TimR' timestamp='1453394329' post='2959123']
"There is a despute over the ownership of the bass."

Two choices.
1. Return the bass for a full refund.
2. Tell the shop you have the bass and will hold on to it until the 'despute' is resolved and the police are free to contact you.

If the police do contact you and collect the bass, don't expect a full refund without a lot of hassle.

Your call.
[/quote]

The police aren't going to come calling over this. You can't even get the police to investigate a straight forward theft round here, let alone referee a family argument about Indian giving.

Edited by No. 8 Wire
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Wow, thanks for all the replies.

For all those that have asked, the bass is a Jackson C-20 and I paid £98 for it on ebay. A bit of a bargain I think.

I spoke to the shop today and the bass is definitely going back. The father saw the bass (and an effect pedal on a different auction) on the ended listings on eBay and stormed into the shop demanding it back. After being informed of it being dispatched he reported the matter to the Police who spent time with the shop owner and concluded that there was no criminal case to answer but as said above there would be a civil case between estranged father and son (13y/o I believe, same age as my son). I'd get absolutely no pleasure from playing this now, knowing that a 13y/o boy has been criminalised by his own father for making a simple mistake; the shop is paying for a courier to pick it up and giving me a full refund so they will be left out of pocket over all this. It's just one of those bad situations that will only get worse the longer it drags on and frankly some battles just aren't worth fighting.

Already looking into others to replace it... now that in itself is fun :P

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The civil law principle is known as [i]nemo dat quod non habet[/i], meaning nobody can give what he does not have. In this case, if the boy or the shop did not have title to the instrument, then they can't pass that title to you, i.e. you never own the bass. Returning it for a full refund is the way to go.

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[quote name='Ashweb' timestamp='1453407469' post='2959321']
I'd get absolutely no pleasure from playing this now, knowing that a 13y/o boy has been criminalised by his own father for making a simple mistake; the shop is paying for a courier to pick it up and giving me a full refund so they will be left out of pocket over all this. It's just one of those bad situations that will only get worse the longer it drags on and frankly some battles just aren't worth fighting.

[/quote]

Good for you, well played that man.

/Stands, Applauds/

Edited by ahpook
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[quote name='Ashweb' timestamp='1453407469' post='2959321']

I'd get absolutely no pleasure from playing this now, knowing that a 13y/o boy has been criminalised by his own father for making a simple mistake

[/quote]

Sometimes you just have to wonder what kind of world we are living in, when fathers can do this to sons.

Kudos to the op for doing the right thing and good luck in your search.

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[quote name='Ashweb' timestamp='1453407469' post='2959321']
After being informed of it being dispatched he reported the matter to the Police who spent time with the shop owner and concluded that there was no criminal case to answer but as said above there would be a civil case between estranged father and son
[/quote]

Bit surprised there is no criminal case to answer - surely there is fraud (by the boy) or criminal negligence (by the shop)?

Still, seems like the right outcome; bass back to dad and the purchase refunded. A sad story really.

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[quote name='pete.young' timestamp='1453421779' post='2959477']


Sometimes you just have to wonder what kind of world we are living in, when fathers can do this to sons.

Kudos to the op for doing the right thing and good luck in your search.
[/quote]

Yes it's a real weird one.

I assume as he's getting divorced it's more of a way at getting to the woman. Although both parents must be responsible financially for the child. Interesting court case. Isn't the dad effectively sueing himself? :crazy:

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