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stolen gear found - advice needed


Bassmonkey
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Last year, I had my amp and gig bag stolen. My Orange Terror Bass along with micm wireless pack, bag and leads has now turned up at a local cash converters. I've rung the police and reported the find and await their response. I have the receipt and will contact PMT (where I bought it from) to get the serial number in the AM. I am concerned that it may be sold so plan to go in first thing. Anyone suggest best next steps?
Cant believe its turned up since last October. Andy

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Would it not be best to advise the Cash Converters of the ill gotten nature of the articles? They will have address details of the person who they bought them from.

Of course, nothing to say that person nicked them, naturally.

Edited by Tonteee
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[quote name='Bassmonkey' timestamp='1494883835' post='3299357']
Cheers guys. I am gonna go there tomorrow and take it from there. Sure it won't be the first time this has happened.
[/quote]
No they should hold it as soon as you advise, as it isn't theirs to sell once they know

Give it to them in the form of a letter

Edited by Geek99
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[quote name='Bassmonkey' timestamp='1494883272' post='3299346']
Last year, I had my amp and gig bag stolen. My Orange Terror Bass along with micm wireless pack, bag and leads has now turned up at a local cash converters. I've rung the police and reported the find and await their response. I have the receipt and will contact PMT (where I bought it from) to get the serial number in the AM. I am concerned that it may be sold so plan to go in first thing. Anyone suggest best next steps?
Cant believe its turned up since last October. Andy
[/quote]

Don't let the shop know if you can still avoid doing so. As said already see if you can secure the gear with a deposit. Even if you never get that back it's worth it for a beloved guitar. The Police may take some time.

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[quote name='SpondonBassed' timestamp='1494917191' post='3299475']


Don't let the shop know if you can still avoid doing so. As said already see if you can secure the gear with a deposit. Even if you never get that back it's worth it for a beloved guitar. The Police may take some time.
[/quote]
Totally disagree from a legal point of view, once you've told them they will be handling stolen goods if they sell

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Asked the police advice. They mailed back last night (impressed) with this: Thanks for email

Can you attend at the shop and pass the crime number to the manager reference this item and ask them to remove item from sale pending officers attending to seize it.

I have activated the crime and will allocate the crime out for investigation. A officer in charge will be I touch with you in due course but I am afraid I cannot give a time or date for this as this will depend on the officers commitments but it will be actioned.

I am on my way. Fingers crossed and thx for the advice all. Andy

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[quote name='scrumpymike' timestamp='1494921146' post='3299515']
If you can prove beyond reasonable doubt that it's the gear that was stolen from you, then it's still yours AFAIK.
[/quote]

It's not that simple. If someone else has paid a reasonable price for the goods and then taken them to CC then they may also have a right of ownership. I do realise that this isn't a likely scenario in this case but if you or I buy something in good faith at a non 'back of a lorry' price then we have a right of ownership even if the item was stolen at some point. It becomes a civil dispute.

Peter

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[quote name='GreeneKing' timestamp='1494921617' post='3299521']
It's not that simple. If someone else has paid a reasonable price for the goods and then taken them to CC then they may also have a right of ownership.
[/quote]

I don't believe that this is correct. With the exception of some very specific circumstances, you can't sell something that you don't legally own. The general rule is that the original owner is always protected.

S.P.

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[quote name='Stylon Pilson' timestamp='1494925093' post='3299559']
I don't believe that this is correct. With the exception of some very specific circumstances, you can't sell something that you don't legally own. The general rule is that the original owner is always protected.

S.P.
[/quote]

The original owner is protected in law, as are other people who assume ownership in fair circumstances. It isn't as simple absolute ownership for the original owner only. I thought as you until I came into these issues as a serving police officer.

It would be for a civil court to decide. There may be a long chain of owners as in say an old P bass that is discovered to have been stolen say 45 years ago. It doesn't naturally follow that the person it was stolen from can take it back if it was purchased at a fair price in good faith, possibly many times over.

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[quote name='Stylon Pilson' timestamp='1494925093' post='3299559']


I don't believe that this is correct. With the exception of some very specific circumstances, you can't sell something that you don't legally own. The general rule is that the original owner is always protected.

S.P.
[/quote]
True - but consider the concept of second buyer without notice

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[quote name='Prime_BASS' timestamp='1494917690' post='3299480']
Following. As much as people say check CC and the like I've never really heard of folks finding their gear at one. So will be interested to see what happens now.
[/quote]

There been a few cases just on this site, the last time the store knew full well that the person selling the stuff was a criminal.

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[quote name='GreeneKing' timestamp='1494926386' post='3299568']


The original owner is protected in law, as are other people who assume ownership in fair circumstances. It isn't as simple absolute ownership for the original owner only. I thought as you until I came into these issues as a serving police officer.

It would be for a civil court to decide. There may be a long chain of owners as in say an old P bass that is discovered to have been stolen say 45 years ago. It doesn't naturally follow that the person it was stolen from can take it back if it was purchased at a fair price in good faith, possibly many times over.
[/quote]

I honestly think your giving out false info, try buying a car in good faith that's got finance outstanding on it, even after a few owners it belongs to the finance company and always did, its for that reason that the v5 for a car says "not proof of ownership" just registered keeper, it's the receipt that proves ownership.

The civil case would be between you and the person you bought it off, them and who they got it from etc etc, you have no legal rights to it at all, the insurance company might offer you the car at a reasonable price after carrying out a valuation but they don't have to.
http://www.hastingsandco.co.uk/litigation/2014/01/31/stolen-goods/

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-you-think-youve-bought-stolen-goods/

Edited by stingrayPete1977
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[quote name='stingrayPete1977' timestamp='1494928422' post='3299591']
I honestly think your giving out false info, try buying a car in good faith that's got finance outstanding on it, even after a few owners it belongs to the finance company and always did, its for that reason that the v5 for a car says "not proof of ownership" just registered keeper, it's the receipt that proves ownership.

The civil case would be between you and the person you bought it off, them and who they got it from etc etc, you have no legal rights to it at all, the insurance company might offer you the car at a reasonable price after carrying out a valuation but they don't have to.

[url="https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-you-think-youve-bought-stolen-goods/"]https://www.citizens...t-stolen-goods/[/url]
[/quote]

Exactly. I've heard of people having cars taken off them a couple of years after buying them when the 'real' owner has tracked it down.

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[quote name='ambient' timestamp='1494928848' post='3299593']


Exactly. I've heard of people having cars taken off them a couple of years after buying them when the 'real' owner has tracked it down.
[/quote]

Yes I've added another link from a solicitors site.

The person who had a pedal board turn up in a CC got it back there and then, it belongs to him and he proved it.

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Yes I'm bloody well lying. I was never a police officer and I haven't experience of exactly this in real life. I invented all this and I just come on here just to cause annoyance and wind people up!

Ferrchrissakes.........

Getting something stolen and sold to CC back is another matter.

It would be for a subsequent 'bona fide' owner to raise the matter in a civil claim. If they just roll over and give it back on the word of the person recovering it then so be it.

At the risk of repeating myself, if you purchase something for a 'fair' price in good faith then you have a right to raise the matter before a civil court and ownership or reasonable claim will be considered?

Edited by GreeneKing
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[quote name='GreeneKing' timestamp='1494929282' post='3299598']
Yes I'm bloody well lying. I was never a police officer and I haven't experience of exactly this in real life. I come on here just to cause annoyance and wind people up!

Ferrchrissakes.........
[/quote]

I've had real life experience on the other end Peter, if only my solicitor had been a police officer before law school I'd have been £4k better off now then :D

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