Stolen...twice
- Thread starter wherryman
- Start date
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CopperBrompton
Bicycle: a means of transport between cake-stops
- Location
- London
Horrible situation - my sympathies. :-(
I'd agree with others, though, that there's a good chance of doing a deal with the insurance company. As it stands, they've paid out and they would have to go to the trouble of collecting the bike from you and selling it. If you offered them 20%, I'd say the odds are in favour of them accepting.
Ben
I'd agree with others, though, that there's a good chance of doing a deal with the insurance company. As it stands, they've paid out and they would have to go to the trouble of collecting the bike from you and selling it. If you offered them 20%, I'd say the odds are in favour of them accepting.
Ben
Tynan said:
It would definitely be worth some legal advice, although a Google is quicker and cheaper.
Just Google "Nemo dat quod non habet"
It means in a UK legal context: "no one can give a better title than he has"
i.e. the thief did not have the right to sell it to you because it wasn't his. It therefore cannot become yours unless you buy it from the person that does have the title to it.
Sorry to hear of your trouble.
With Paypal, you can open a dispute for that transaction yes. I've done it a few times when things have gone wrong with buying on Ebay. They are very strict and good at sorting out disputes. Only thing I'm not sure of, is the length of time that's passed.
But it has to be worth a try.
Other than that, I would insist the credit card company helps. They have a legal obligation. Yes, they usually tell you to go back to the seller or whatever first, but if you have no joy there, then they should, and are obligated to, help.
With Paypal, you can open a dispute for that transaction yes. I've done it a few times when things have gone wrong with buying on Ebay. They are very strict and good at sorting out disputes. Only thing I'm not sure of, is the length of time that's passed.
But it has to be worth a try.
Other than that, I would insist the credit card company helps. They have a legal obligation. Yes, they usually tell you to go back to the seller or whatever first, but if you have no joy there, then they should, and are obligated to, help.
PrettyboyTim
New Member
- Location
- Brighton
Tynan said:
That's not the way it works. When something is stolen, in never ceases to be the property of its rightful owner, irrespective of whether or not it's been sold to someone else. If you are sold stolen goods then you've been defrauded by the seller.
In trouble
New Member
As I understand it, although this is digging up the memory banks from 7 years ago.....
If the thief take a bike belonging to someone else, that bike becomes stolen property (obviously), and the thief is a thief.
If he/she passes that bike to someone else, who knows the bike is stolen, in order to get rid of it, ie sell on ebay etc.. then that person 'handles stolen goods'.
The innocent buyer who pays a 'reasonable price' for the goods (if bought too cheaply, it can be argued in court that you knew the goods were stolen as you paid a ridiculously cheap price for them) as in this case, then that bike no longer becomes stolen property, it is now owned by the new owner.
The money generated from the sale, ie in this case £450 becomes the stolen property, although this part is vague to me at the mo. I will look up later when i get home, and try to clarify, but at this stage you should not give up the bike.
If the thief take a bike belonging to someone else, that bike becomes stolen property (obviously), and the thief is a thief.
If he/she passes that bike to someone else, who knows the bike is stolen, in order to get rid of it, ie sell on ebay etc.. then that person 'handles stolen goods'.
The innocent buyer who pays a 'reasonable price' for the goods (if bought too cheaply, it can be argued in court that you knew the goods were stolen as you paid a ridiculously cheap price for them) as in this case, then that bike no longer becomes stolen property, it is now owned by the new owner.
The money generated from the sale, ie in this case £450 becomes the stolen property, although this part is vague to me at the mo. I will look up later when i get home, and try to clarify, but at this stage you should not give up the bike.
In trouble
New Member
Just to clarify, the bike is no longer considered stolen propert if bought for a reasonable price, AND the sale is made in good faith.
Sorry, completely wrong, as Jaded says. The seller's state of mind is irrelevant when he buys property which is actually stolen.In trouble said:
[There used to be one tiny exception, which is a sale in Market Overt. Thinking back to lectures thirty years ago, that only applies to half a dozen charter markets in the City of London between dawn and dusk....]
What you may be mixing this up with, InTrouble, is the offence of Handling. If a buyer of stolen goods doesn't do so in good faith - and the price paid is strong evidence of whether he does or not - the buyer commits a criminal offence as well as the thief.