Is It Theft?

[Fudiot]

I lent a friend some tools several months ago and have asked several times for their return. We have since fallen out over a separate issue and he is not responding to phone calls or emails asking for their return. Are those item now regarded as stolen? and could I claim compensation through the small claims court to the value of the tools?

[ummmm]

Can you send someone else to collect them?

[TWR]

Why don't you go and see him and ask?

[New Judge]

It is very unlikely that a criminal charge of theft would succeed. The legal definition of theft is “…taking of another person's property without that person's permission or consent with the intent to permanently deprive the rightful owner of it.”

These goods were not taken without your consent, you gave them to him. This really leaves the matter as one to be dealt with by civil law. You lent him the tools presumably on the understanding that they would be returned when requested. This forms the basis of a contract which your friend appears to have broken. It could be addressed by an action in the small claims court.

[Fudiot]

Thank you for your answers... but I do not feel it would help by turning up on his doorstep (or sending someone else ) as there is a bad feeling between us now and he is inclined to be aggressive. Also as he has not responded to other forms of communication I would not be surprised if he did not answer the door or slammed it in my face, I would then have had a wasted 40 mile journey. Returning to my question... If he does not or will not return items that were loaned to him and ignore requests for their return... are they stolen?

[ummmm]

No, as NJ says he obtained them with your permission.

[Fudiot]

Thank you New Judge, You answered while I was posting...

[vulcan42]

I would send a letter, recorded delivery, giving him a week to return the tools otherwise legal action will be taken. This might have the desired effect and if it doesn't then start a claim.

[Fudiot]

Thank you Vulcan42, That is what I was considering as my next step.

[ladyalex]

I'd write to him expressing regret for the loss of friendship and asking for the return of your tools. I would say 'tools' not 'property'.
Suggest a way of returning them to either a neutral person or a neutral place.
Escalating his 'borrowing' of your tools to 'stealing' them is not going to be helpful.
Focus on what you want to happen in this situation....you want your tools back, you don't want to continue arguing.
I wouldn't send it recorded delivery either as that is just going to escalate things to. You need to try to calm things down, not inflame them.
That is if your focus is getting the tools back. If it is continuing to fight then ignore this post.

[ummmm]

If it's not sent recorded delivery then he could deny ever receiving the letter.

[ladyalex]

My point is to try conciliating first.
It might just work.

[Fudiot]

I first asked for the tools to be returned before our friendship ended. After our friendship ended I then asked in an email specifically for them to be returned and included my full postal address giving him the opportunity to avoid any face to face meeting. I was polite and simply pointed out that I had previously ask for their return and mention nothing of our current relationship. I have no desire to rekindle our friendship and do not hold any grudge against him... I simply want the tools returned or the money to replace them.

[dannyk13]

NJ. If memory serves correctly wasn't there a case stated whereby the taking can be when he decides to treat the property as his own.Something along those. lines?

[ladyalex]

I hope you get them back, Fudiot.
Are they worth enough money to cover the cost and aggravation to you to issue a summons etc?
Might be cheaper/ easier on yourself to let the keeping of them be on his conscience.
At the end of the day, you have to be able to think that you did the right thing, whatever anyone else has done.

[New Judge]

You have made a good point, danny, and I was being, I believe, a bit too simplistic. Section 3(1) of the Theft Act says this:

“Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.”

Which is exactly what you said. Fudiot’s friend did come by the property without stealing it but has now (arguably) assumed rights to ownership.

What Fudiot’s local police officer will make of the matter is a bit hard to tell. But I still believe the best chances of success lie down the civil route. Fudiot would have no control over any action the police may or may not take (and I doubt they’d be interested in all likelihood). Whereas he would control any civil action he decides to take.

[bhg481]

Just to throw a spanner in the works - many years ago my dad lent his neighbour a blowlamp. When he asked for it back the neighbour claimed it was his own. Can you prove the tools are yours?

[Fudiot]

bhg481.. As we communicated mostly by email, and in those messages there references to his asking to borrow them and when he would collect them. I still have those emails. I think it would be silly of him to try and claim that he had never borrowed them.

[bhg481]

That sounds good enough Fudiot. He sounds to be such an awkward so-and-so I could see him claiming they were his all along.

[Peter Pedant]

blimey what a p+sser

the action of replevin was designed especially for this
http://dictionary.reference.com/browse/replevin

but all actions were barred by statute a few years ago

If two people were quarrelling over say a plough as harvest approached then by paying a sum into court a litigant could recover possession in time for the harvest ....and if he lost the sum paid into court would go to the lucky defendant

and yes you could claim in the small claims .....

[joko]

i have heard that in these circumstances a policeman will accompany you to collect.
obviously normally id say not a good use of their time but at the same time if you going alone could turn into an assault or something, it is worth pre-empting that
it also saves wasting a judges time and the court system