Good Fortune!

[Cubist]

I can't believe that something that could and should have been answered with a simple reply of option A has gone to so many posts.

It's because, deep down, we all wish that a company would deliver a lovely new bike to our doorsteps (without the dishonesty on our part). We would then face a moral dilemma, knowing that we may, at some stage get to keep the bike.

This instance however has been dishonestly created by Misura's dishonesty.
Not everybody can see that having engineered that situation, Misura only has one course of action, and even that might not save him.

 

[Andrew_P]

I give you credit for at least having the mental capacity to realise the foolishness of your abusive posting in hindsight and editing it.
Do you display the same impetuous abusive nature in your job ?

Give it a rest eh? As about as stupid as asking you if you were out and about looking for a new bike during the riots, seeing as you seem to think it is acceptable behaviour to arrange a delivery of a second bike. The minute he decided to arrange delivery it was theft.

 

[Cubist]

I give you credit for at least having the mental capacity to realise the foolishness of your abusive posting in hindsight and editing it.
Do you display the same impetuous abusive nature in your job ?

Answer my questions in the next thread I posted and I may enter into debate with you. At this stage I still feel utter contempt for you.

And yes, you got me riled.

 

[apollo179]

No, don't tell Cubist to shut up, I fully respect where he's coming from and he's exactly right. The offence of theft was made out, and any subsequent act isn't a defence (though it is mitigation).

I was posting purely based on exactly how I'd deal with this at work. If someone came through the door saying "Look, I've done this, I realise I've done wrong, how do I fix it" then I would have told them

1. You committed theft, quick bollocking and warning of the possible consequences
2. I'd then PERSONALLY contact the suppliers and tell them what had happened, that the offender was more than willing to sort it out and return the bike, and pass his details to them. If they couldn't be arsed to act, then that's not my problem, if they can, they get their bike back.

I'd then leave it to the two of them. I'd also point out this is well within Home Office Crime Recording practices, as we'd currently have an offender admitting a crime, but no victim making a complaint. If the company stated they weren't happy and the wished to make a formal complaint, then depending on any previous convictions I really wouldn't be looking to go further than a resolution to return the bike and make a donation to charity.

Obviously on the forum I'm not going to do the personal bit, so I suggested he do it.

However, to others I stress again, Cubist isn't wrong at all and doesn't deserve any insults or criticism. I could be open to some for suggesting its possible that he could keep the bike after being blatantly dishonest, but this turn of events would only happen my way after the company have realised that the are down a X hundred pound bike, know where it is, now how to get it back, and yet decide not to.

Agreed.
re the theft issue - really its void since misura has informed the relevant people of the mistake and made efforts to get the bike returned.
If the police did get involved , which would never happen, as you say the police just give him a quick bollocking " we know what youve done , you know what youve done etc etc" and leave with the bike.
Likelyhood is nothing happens , no-ones worried about it and the bike stays with misura .

 

[Cubist]

No, don't tell Cubist to shut up, I fully respect where he's coming from and he's exactly right. The offence of theft was made out, and any subsequent act isn't a defence (though it is mitigation).

I was posting purely based on exactly how I'd deal with this at work. If someone came through the door saying "Look, I've done this, I realise I've done wrong, how do I fix it" then I would have told them

1. You committed theft, quick bollocking and warning of the possible consequences
2. I'd then PERSONALLY contact the suppliers and tell them what had happened, that the offender was more than willing to sort it out and return the bike, and pass his details to them. If they couldn't be arsed to act, then that's not my problem, if they can, they get their bike back.

I'd then leave it to the two of them. I'd also point out this is well within Home Office Crime Recording practices, as we'd currently have an offender admitting a crime, but no victim making a complaint. If the company stated they weren't happy and the wished to make a formal complaint, then depending on any previous convictions I really wouldn't be looking to go further than a resolution to return the bike and make a donation to charity.

Obviously on the forum I'm not going to do the personal bit, so I suggested he do it.

However, to others I stress again, Cubist isn't wrong at all and doesn't deserve any insults or criticism. I could be open to some for suggesting its possible that he could keep the bike after being blatantly dishonest, but this turn of events would only happen my way after the company have realised that the are down a X hundred pound bike, know where it is, now how to get it back, and yet decide not to.

I can see where you are coming from, but be aware that not everyone in society trusts you (or me) to exercise our discretion in a manner which benefits everybody. Your practical solution may make sense to some, but not to others.

Playing it with a completely straight bat is not always beyond criticism, but we must never be seen to endorse criminal behaviour.... it gives people the impression we could be swayed under certain circumstances.

 

[apollo179]

Give it a rest eh? As about as stupid as asking you if you were out and about looking for a new bike during the riots, seeing as you seem to think it is acceptable behaviour to arrange a delivery of a second bike. The minute he decided to arrange delivery it was theft.

And the minute he contacted the relevant people about the mistake and about returning it - it was no longer theft.

 

[CopperCyclist]

Agreed.
re the theft issue - really its void since misura has informed the relevant people of the mistake and made efforts to get the bike returned.
If the police did get involved , which would never happen, as you say the police just give him a quick bollocking " we know what youve done , you know what youve done etc etc" and leave with the bike.
Likelyhood is nothing happens , no-ones worried about it and the bike stays with misura .

It's not really void - the bike didn't just turn up at his address, he actively decided n a course of action to get it there - however in the big scale of things if he's now realising he made a mistake and wants to rectify it, we should recognise that and give him a break, assisting in the return of the bike.

I suspect that the biggest liklehood is that the supplier will say "bugger, thanks for telling us" and be round to pick up their bike.

And Misura - make sure you do act, because the police could well beinvolved if there's some poor guy somewhere wondering where his bike is, and the suppliers thinking it was stolen..., and if you've done nothing, these forum posts alone won't save you!

 

[CopperCyclist]

And the minute he contacted the relevant people about the mistake and about returning it - it was no longer theft.

Before Cubist gets in ^^ yes it was! Think of the riots, there were a few people who handed themselves in, saying they couldn't believe what they had done and returned what they had stolen. They were still charged, sent to court, and convicted - the difference was that their actions were seen as mitigation and they mostly got off without a custodial sentence, Nike the other looters. (this isn't suggesting the OP should be sent to court, it's just showing the direct parallel demonstrating that contacting the shop doesn't negate the theft, it just mitigates it)

 

[Moderators]

It's time to cool down on this post.