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If someone has your property
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By (user no longer on site) OP
over a year ago
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If someone has your property, and refuses to answer texts and calls to get it back, can you call the police?
I don't want to resort to calling the police but will do if have to. |
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By (user no longer on site)
over a year ago
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Speakingl for Scots law, it might depend on circumstances but broadly speaking, yes, if they retain it and appropriate it as their own then it's theft or clandestine possession but are they claiming ownership now, if so could be civil x |
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By (user no longer on site) OP
over a year ago
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I have knocked on door for it, and sent texts, emails and phonecalls.
Its an expensive camera that I left there last time I was there. I have left stuff before with no issues (inc this camera) but this time round guy is being a prick |
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By (user no longer on site)
over a year ago
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theft is wen someone has something that should be in there posesion and if u have proof show police theres to much theft going on so i would call police full stop |
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"I have proof, and reciepts for the camera and lens"
"Theft is usually defined as an unauthorised taking, keeping or using of another's property which must be accompanied by a 'mens rea' of dishonesty and/or the intent to permanently deprive the owner"
If they did not take it without consent, then you need to prove they intend to depive you of the item.
Ignoring text messages is not likely to be enough.
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By (user no longer on site)
over a year ago
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"It would very much depend on the circumstances and the context in which your property came to be in their hands. "
This.
I leant someone an expensive pair of wheels once and he took a shine to them. And because I'd willingly given them him getting them back was a nightmare. |
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By (user no longer on site)
over a year ago
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Theft is the taking of property with intent of permanently depriving the legitimate owner of it.
If you left it at his then he has not taken it. So the police can't do anything.
If you're just having difficulty getting hold of him then it's not a police matter.
If you speak to him and he says "no you can't have it back", then call the police. |
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By (user no longer on site)
over a year ago
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"he wont answer phone to speak, or answer his door"
send a letter by recorded delivery asking for it back if he still doesnt respond call the police as you will have proof he recived the letter because he has to sign for it they will retrieve it for you or charge him with theft if he no longer has the item
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"he wont answer phone to speak, or answer his door"
Go round and "lean" on the door, if it opens, wander in, take back your posessions and leave.
Or...
Sit outside until he has to go out (work, shopping), and then just ask for it back, insist, be firm but polite, don't let him fob you off.
Too many people let scroats like this get away with this shit.... often the only reason they act like this is because you let them.  |
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Whatever you do don't resort to "self help" as my daughters boyfriend did. Someone he knew nicked his car. He beat him up and took it back...he's banged up til his next bail hearing on 24 October.
If only he'd listened to my advice.  |
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"Possession is nine-tenths of the law
Complete bollox 
Ownership is easier to keep if you have possession of something, and much more difficult to enforce if you do not."
Ownership is given to he who holds the testicles.... so grab the scroat by his balls and apply pressure until your possession suddenly becomes yours again. |
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By (user no longer on site)
over a year ago
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"Possession is nine-tenths of the law
I agree,if the guy says you gave it to him and he did not,steal it then you will have to resort to the civil courts,its simply your word against his  "
We had this years ago.
I took my mare and foal to a new yard.
Didn't have time for the foal after he was weaned and the owner said she would have him on loan.
This was as long as she wanted but she was not allowed to sell him.
Ell stupid here believed she would never do this and hand him back as when her god daughter out grew him or sooner.
So no paper work was written up.
English mans word etc.
Any way 2 years later went in to a saddlery and saw my boy on the board for sale!
Rang her and she told me i could buy him if i wanted him back!
Contacted the police and told we would be prosecuted if we stepped on her property.
Never got him back as we couldn't afford to fight in the courts at that time |
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"Possession is nine-tenths of the law
Complete bollox
Ownership is easier to keep if you have possession of something, and much more difficult to enforce if you do not."
EXCACTLY,thats what 'ownership is nine tenths of the law' means |
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"Possession is nine-tenths of the law
Complete bollox
Ownership is easier to keep if you have possession of something, and much more difficult to enforce if you do not.
Ownership is given to he who holds the testicles.... so grab the scroat by his balls and apply pressure until your possession suddenly becomes yours again. "
The trousers, trainers etc you are currently wearing is presumed to be yours ? unless of course someone can prove that it is not.
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"Possession is nine-tenths of the law
Complete bollox
Ownership is easier to keep if you have possession of something, and much more difficult to enforce if you do not.
EXCACTLY,thats what 'ownership is nine tenths of the law' means "
Sorry Pillowpimp that was meant for sthwalescouple  |
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By (user no longer on site)
over a year ago
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"he wont answer phone to speak, or answer his doorsend a letter by recorded delivery asking for it back if he still doesnt respond call the police as you will have proof he recived the letter because he has to sign for it they will retrieve it for you or charge him with theft if he no longer has the item"
No they won't. They can't retrieve it, they'd need a warrent for starters.
As others have mentioned this is a civil not criminal matter. The only possible reason that the police may be interested is if he's known to them and it is in their interests.
Assuming that the OP is not in favor of the he-man keyboard warriors advice, his best bet by far would be to send a solicitors letter and hope that tha scares them in to returning it. |
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"Possession is nine-tenths of the law
No it isn't
Of course it is,whatever possessions you own are yours unless someone can prove otherwise,its not rocket science or debateable
No it isn't. "
Well thats that clarified then,your argument is so convincing i have changed my mind |
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"Possession is nine-tenths of the law
No it isn't
Of course it is,whatever possessions you own are yours unless someone can prove otherwise,its not rocket science or debateable
No it isn't.
Well thats that clarified then,your argument is so convincing i have changed my mind"
I didn't posit an argument as yours was so weak I assumed you don't understand with any great clarity.
I'm glad you changed your mind though.
Good move xx |
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"No it isn't.
Not litrally of course the adage just means in the eyes of the law you will have a "stronger" case being in pocession than those not. "
Your definitely closer Pillow Pimp 
It's really proof of ownership not just having hold of it.
If that were true I could just take your car and call it mine.
It's a good old English saying often misused and very often misunderstood xx |
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"It's a good old English saying often misused and very often misunderstood xx"
Possession is eleven points in the law, and they say there are but twelve.
It's credited and derived from us scots but it was just too complicated so they watered it down to nine-tenths lol |
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"Possession is nine-tenths of the law
No it isn't
Of course it is,whatever possessions you own are yours unless someone can prove otherwise,its not rocket science or debateable
No it isn't.
Well thats that clarified then,your argument is so convincing i have changed my mind
I didn't posit an argument as yours was so weak I assumed you don't understand with any great clarity.
I'm glad you changed your mind though.
Good move xx "
You used three words both times,no it isnt,great argument and your still wrong,you cite the example of just taking someones car and claiming its yours,that wouldnt work because the other person could prove ownership,however if you also had the logbook it would be a different story.This lady has left her camera at someones house,she has a receipt so can prove its hers,but the guy can say she simply said he could have the camera,maybe as a gift and now she wants it back,as we pointed out long before you did,its her word against his,the police wouldnt get involved |
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By (user no longer on site)
over a year ago
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"I have proof, and reciepts for the camera and lens
"Theft is usually defined as an unauthorised taking, keeping or using of another's property which must be accompanied by a 'mens rea' of dishonesty and/or the intent to permanently deprive the owner"
Sorry to be the smarty pants but:
If they did not take it without consent, then you need to prove they intend to depive you of the item.
Ignoring text messages is not likely to be enough.
"
Theft is when someone dishonestly appropriates property belonging to another with intention of permanently depriving them of it. How did they get it, do they have a claim to it ? Do you really want to reveal all ? Is it worth much ? |
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"Possession is nine-tenths of the law
No it isn't
Of course it is,whatever possessions you own are yours unless someone can prove otherwise,its not rocket science or debateable
No it isn't.
Well thats that clarified then,your argument is so convincing i have changed my mind
I didn't posit an argument as yours was so weak I assumed you don't understand with any great clarity.
I'm glad you changed your mind though.
Good move xx
You used three words both times,no it isnt,great argument and your still wrong,you cite the example of just taking someones car and claiming its yours,that wouldnt work because the other person could prove ownership,however if you also had the logbook it would be a different story.This lady has left her camera at someones house,she has a receipt so can prove its hers,but the guy can say she simply said he could have the camera,maybe as a gift and now she wants it back,as we pointed out long before you did,its her word against his,the police wouldnt get involved"
Shhhhhhhhh your showing yourself up and your too nice to do that. xx |
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"It was left at his house as we were in a rush to go out, worth over a £1000, have witnesses that were with me when it was left"
Glad you're getting it back .. x Mum's eh ? Worth their weight in gold |
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By (user no longer on site) OP
over a year ago
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Definately, but think he's in for an earful from her, she's not happy at his behaviour. She was one of the witnesses that was there, when camera was left at his.
Incidently, I did contact the police, and they said they could take action as I could prove the camera was mine, and could prove that the camera was not given to him. |
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"Incidently, I did contact the police, and they said they could take action as I could prove the camera was mine, and could prove that the camera was not given to him."
From someone who's experianced a similar situation what the police tell you and what they actually do are too different things.
I could quite easily counter act your claim and have done when it happened to me and yes i was in possession and still am |
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"Definately, but think he's in for an earful from her, she's not happy at his behaviour. She was one of the witnesses that was there, when camera was left at his.
Incidently, I did contact the police, and they said they could take action as I could prove the camera was mine, and could prove that the camera was not given to him."
Yes,but just as incidentally you did not mention anything about 'having any witnesses' maybe if you'd said that at the start it would have saved a few of us the trouble of arguing |
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"Definately, but think he's in for an earful from her, she's not happy at his behaviour. She was one of the witnesses that was there, when camera was left at his.
Incidently, I did contact the police, and they said they could take action as I could prove the camera was mine, and could prove that the camera was not given to him.
Yes,but just as incidentally you did not mention anything about 'having any witnesses' maybe if you'd said that at the start it would have saved a few of us the trouble of arguing"
And im pretty sure they could only have taken any action had the guy told you he was not giving it back to you,him ignoring your texts and calls would not have constituted anything
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"Assuming that the OP is not in favor of the he-man keyboard warriors advice, his best bet by far would be to send a solicitors letter and hope that tha scares them in to returning it. "
Do they mean me lol?
It's a civil matter, and I said be civil about it (arf!), but it's a dog-eat-dog world out there, so if you want your stuff, and Plod aren't able, or willing, then you go and get it, simples.
Mind you, a well-written solicitors letter always has them quaking in their Doc Martins... (goes off to look for the "tongue-in-cheek" smilie).
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