Quizzes & Puzzles0 min ago
Is It Theft?
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?
Answers
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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...
11:29 Wed 07th Jan 2015
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.
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.
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?
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.
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.
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.
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.
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.
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.
“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.
blimey what a p+sser
the action of replevin was designed especially for this
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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 .....
the action of replevin was designed especially for this
http://
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 .....
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
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
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