What are my rights after being a victim of theft?

[maisiemoo1]

Hi all,

Hope someone can help.

I was mugged last year of a brand new iPhone 4s.

There person was court, I then had to wait as he was in prison for the same offence against others (also the weekend after being released from prison he stole someone's iPad 2)

When I first made my complaint in November last year he and his mum were both hounding me by texting and calling me day and night saying if I dropped the charges they'd pay me the money in full.

When he was arrested for my theft he again told the police officer that his dad would pay me the full amount.

Well he went to court last week and I got a letter yesterday saying he has a electronic tag for 28 days. I emailed the person who sent me the letter and she said he's been tagged, no mention of money was talked about and that the case is closed and she can't help me anymore. I did send a second email which she has failed to reply.

Is there anything I can now do to recover the cash? I spoke to victim support and although on all letters sent to me saying they've been informed they had no file on my case.

I am fuming now and want my much needed money back.

TIA

[bednobs]

small claims court?

[maisiemoo1]

Hi bednobs. I was thinking that but I'd have to pay for it and I really don't have any spare cash right now and my local CAB office isn't open until Monday now

[cathfromsaron]

small claims court is very cheap AND you get the fees back if you win!

[maisiemoo1]

Thanks for that. I don't know the defendants address though. I know his name. If I put that and the police details can they use their records?

[fadeout73]

What "much needed money" are you wanting back?

Phone was stolen, did it get replaced? How did the mugger and his mum get your phone number to text and call you?

[tonywiltshire]

Masie you should get the help you need from victim support, I suggest you contact them again. I am not sure civil action is going to be appropriate for your needs even if you are over 18 you will have to make a small payment to commence action and if you were successful the court will not recover your money you will have to do so. Does the person who took your iphone have any money, if not, I am afraid you are wasting your time, unfair, as it may seem.

[VHG]

My guess is this family would plead poverty if they ever got told by a court to pay someone for their stolen iphone or ipad.

The court would then specify for them to pay you £5 or £10 a week or some such figure.

But the money would never come and you would get fed up chasing them for it, and in the end you would give up.

Many people on the dole, or on the breadline, can easily plead poverty and will rarely if ever pay up for a fine or similar.

Next time take out the insurance on an iphone or ipad.

[factor-fiction]

£5 or £10 a week is likely to be on the high side, I think, VHG. £1 a month is more likely I think as they will probably plead poverty

[maisiemoo1]

Both his parents said they would pay the full amount. Also his Facebook states he works and his profile pic is him holding a big wad of cash. Victim support said they couldn't help me

[bednobs]

they said they would pay the full amount if the prosecution didn't carry on

[Zeuhl]

He was prosecuted by the criminal justice system because he was 'versus Regina'. In other words for breaking the Queen's rules!

The harsh truth is that the criminal justice system is not required to concern itself with any losses you might have incurred. You can pursue a civil action but as stated already you are unlikely to get any satisfaction.

The options for us all are;
don't have expensive possessions
don't allow them to be stolen
take out insurance
have some big mates who can go round and sort the toerags out

[exdc]

Hi maisiemoo1

Call the police station and request the officer in-charge of the investigation contact you and ask whether a compensation claim was put on the case papers and what, if anything, was said at the court case regarding the matter. (they may flob you off and tell you to contact VS, but explain what they stated).

Out of interest, was the case a Theft or Robbery?.

[maisiemoo1]

It was for theft. I have left a message for the police officer stating I was very unhappy with the outcome as he kept reassuring me I would get the money.

Him and his mother both stated before he was arrested that they would pay me and upon his arrest he told the police officer his dad would pay the full amount

[exdc]

Hi

Ok, wait to see what the Officer in the Case has to say then take it from there.

If a person receives a custodial sentence then the court is unlikely to order compo etc but I am unsure if the same applies to some one sentenced to a tagging.

[EDDIE51]

Hi can't add much to exdc's reply.
Sorry ,but unless a compensation order was inposed you have little chance of seeing any money. Even if an order was imposed if the guy has no cash it will not be paid. The parents saying they would pay has no legal standing . Now the person has been convicted there is no reason on his part to make compensation.
Sorry if this sounds negative but in the real world this is about the truth. Even if you got a small claims court judgement the court will not enforce it they just make the judgement, getting the cash out of him is up to you.

[New Judge]

“...the criminal justice system is not required to concern itself with any losses you might have incurred”

Not correct, Zeuhl. In fact quite the reverse is true. Here is the “Prosecutors’ Pledge”:

http://www.cps.gov.uk...rosecutor_pledge.html

To save you looking it up, it says (among other things) “On conviction, apply for appropriate order for compensation, restitution or future protection of the victim.”

It is open to the court to determine whether the defendant has funds or not. If an order has been made and is not paid as directed the defendant will be brought back to court to explain why payment has not been made. There are a number of other matters contained within the Pledge which do not seem to have been followed through in your case, maisiemoo. Alas, I think that now the case is concluded it is too late to make a request for compensation. As has been mentioned, civil action via the Small Claims court is an option.

[joko]

he was offering you money if you didnt continue - he was trying to get out of being sentenced - he wasnt offering it to be nice...it was conditional - that either you or the police drop the charges...

you didnt do as he asked so he isnt going to pay you by choice

[maisiemoo1]

Hook as per my previous posts him and his mother said that BEFORE he was arrested.

When arrested he told the police officer his dad has now offered to pay me through the court

[exdc]

Hi maisie

This may have all been resolved at the court hearing. If you get no joy from the police officer ask for the crime and court case ref number and contact your area CPS for clarification.

[joko]

EXACTLY!

he was hoping NOT to get arrested, or if he did, that the police would think 'aw hes a nice guy really, and hes now trying to do the right thing' and go easy on him ... thats not how it works so he was wasting his breath....

police aren't just going to let someone off because they say 'i'll pay for what i stole' - it doesnt absolve him of the crime... what he said was just a desperate attempt to get LET OFF

he has NO intention of paying you unless he is ordered to by the court

I dont know how many other ways to explain this!