lost it at chrissy .found on ebay last night . any great ideas to get it back ///its under /north kite....on ebay north styler with two safety leashes.....cheeky ****ereven pick up from close to same area i lost it
lost it at chrissy .found on ebay last night . any great ideas to get it back ///its under /north kite....on ebay north styler with two safety leashes.....cheeky ****ereven pick up from close to same area i lost it
Can you prove its yours? I.e. did you keep the serial number?
Cheeky. Id be fuming. Hard to say until you know who your dealing with. Not as in tough guy but wether he/she actually thinks they are doing anything wrong. Might just pay to get in touch with ebay and ask their advice cos i rckon most on here are thinking get a posse together and storm his house, film it with your gopro and post it on youtube then link it here for our enjoyment. Id go for the ebay diplomatic solution first, then try the fuzz, then do the storming/gopro thing. Dont forget to post.
Check his other items - send a message asking to inspect the crane trailer - get the address, and go and see. If it has your name on it, take the cops with you. If not, when you get there, explain the situation, and see what he wants to do about it. Reckons he's selling it for a mate - might be true?
I'd just play hard ball. This is classified as "Theft by Finding".
If he has not reported the goods found then he could be in trouble. He states he is selling it for a friend, so I would send through a message advising him of your intent to lodge a charge of "Theft by Finding" unless the goods are returned and offer him a $20 reward if they are returned.
In this case, the fact that they tried to sell it means they are acting as the owner when they are not and therefore acting dishonestly.
Following extract is taken from http://www.lawyers.com.au/brendan-wilkinson-criminal-lawyer/article/theft-by-finding/
Offence under: Section 74, Crimes Act 1958
Overview: A person can be charged with theft if he or she finds or accidentally comes across something belonging to another and then keeps it or deals with it as if he or she is the owner.
Example
For example, Ms XY sees a wallet lying outside her house and keeps the contents of it.
In addition to using the $50 found inside, she also attempts to sell a diamond ring she finds inside the wallet's coin compartment.
She gets tracked down by the police after she puts the ring up for sale on eBay - turns out it was made to order by the owner and easily identifiable.
Although Ms XY has come to the property innocently, she appropriated it by keeping it and dealing with it as an owner.
The 'finders keepers' rule does not apply.
How the law works
There are 3 elements to a charge of theft that must be proved:-
1. Appropriation
2. An intention to permanently deprive
3. Acting with dishonesty
Appropriation: The accused must have appropriated property that belonged to another person.
In this regard, the courts consider lost property as still belonging to the owner. Abandoned property, however, no longer belongs to the owner.
Intention to permanently deprive: The accused must have intended to permanently deprive the owner of the property when he/she appropriated it.
Intention: The intention to permanently deprive must exist at the time of he/she took the item.
Permanent deprivation: It will not suffice if the accused had only intended a temporary deprivation.
However, say on 18 August 2011, Mr YZ finds 2 tickets to see 'Phantom of the Opera' on 25 August 2011 but only intends to return the tickets to the rightful owner on 27 August 2011, this amount to an intention to permanently deprive.
Acting with Dishonesty: In respect to the charge of theft in Victoria, dishonesty means acting without any claim of legal right.
Dishonesty can often be a question of degree for a Magistrate or a Jury to make a decision about. It must be remembered that the onus is always on the Prosecution to prove dishonesty beyond a reasonable doubt. If the accused puts a case which could be true, then the Prosecution might have problems proving dishonesty.
Possible defence
The Act provides that a person is deemed to not have acted dishonestly if it can be shown that he or she took reasonable steps to identify or locate the owner before appropriating the property that was found.
For example, if the wallet that Ms XY found contained a driver's licence or identity card of some description, it could be reasonably expected that she would be able to identify and locate the owner.
have reported to sandgate police .and ebay ,plus ask him to respond to it ,so lets hope he gives it back before the law asks for it back .thanks for the advice now any ideas how to get of my 5 plant possesion charge // i love you mary,jane/i hope it was a good send of,,loved youse with all my lungs
I would send through a message advising him of your intent to lodge a charge of "Theft by Finding" unless the goods are returned and offer him a $20 reward if they are returned.
PM him Tell him its yours, Tell him where he found it Offer him a carton of his favourite brew. If he's a decent sort he'll do the righty. If not......unlucky.
I would send through a message advising him of your intent to lodge a charge of "Theft by Finding" unless the goods are returned and offer him a $20 reward if they are returned.
Hard Ball?
dont travel overseas ..i got it back he has found a leash before and handed it in to padi,,,so he new what to do ,,,gave him nothing cheeky
even pick up from close to same area i lost it
