"Borrowed" Guitar

krisalexroberts · 16 July 2014 at 4:30PM

Hi,

About 5 years ago I leant a very expensive guitar to a friend - it was never returned. My 'friend' vanished off the face of the earth immediately after for quite a while and went to mexico, I've heard rumours that he sold the guitar as soon as he got it.
This person is now back in the country and I have discovered his families address, but not his.
It was worth about £600 and I have tried to get the money back several times, both through Small Claims Courts (which ended up being worthless and a waste of money as his parents just told the courts he no longer lived with them, and the police say it is a civil matter.

How can I get the money/guitar back? Can SCC issue warrants over facebook (He is an active facebook member, however he has blocked me as I requested the money for the guitar on it).

Basically I have been robbed and I have no way of putting things right, I have been chasing for years now!

MSE insert, 29 July 2014. We're using this post in our weekly email. Thanks to krisalexroberts for posting this.
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tomtontom · 16 July 2014 at 4:33PM

No, a warrant cannot be issued over Facebook! From what you have said I would write this off to experience, you won't see this money again.

ska_lover · 16 July 2014 at 4:37PM

I think you need to write it off to experience, as you could spend another five years of your life chasing it and is highly unlikely you are going to ever get anywhere close to getting your money back

It IS a lot of money, but the only person you are hurting with all this is yourself by hanging on to the anger and winding yourself up.

Your ex-friend was clearly a toe-rag and probably hasn't given this a second thought

Learn from experience and let it go - sometimes life is not fair unfortunately

Confusedandneedhelp · 16 July 2014 at 4:37PM

krisalexroberts wrote: »

Hi,

About 5 years ago I leant a very expensive guitar to a friend - it was never returned. My 'friend' vanished off the face of the earth immediately after for quite a while and went to mexico, I've heard rumours that he sold the guitar as soon as he got it.
This person is now back in the country and I have discovered his families address, but not his.
It was worth about £600 and I have tried to get the money back several times, both through Small Claims Courts (which ended up being worthless and a waste of money as his parents just told the courts he no longer lived with them, and the police say it is a civil matter.

How can I get the money/guitar back? Can SCC issue warrants over facebook (He is an active facebook member, however he has blocked me as I requested the money for the guitar on it).

Basically I have been robbed and I have no way of putting things right, I have been chasing for years now!

Just find his actual address, and issue court papers there. The debt can then follow him.

But no it's not strictly theft.

krisalexroberts · 16 July 2014 at 5:35PM

Theft is:
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

How can it be anything but? He dishonestly borrowed and then sold it on, permanently depriving me of it.

Its frustrating as to how there is no method of regaining the money. Ill just try find his address

Gavin83 · 16 July 2014 at 6:18PM

Unfortunately he'll just say it was a gift and you've no way of proving otherwise. I'd say given the circumstances the courts are unlikely to find in your favour. I think you just need to consider this a life lesson.

Ladyshopper · 16 July 2014 at 6:34PM

It wasn't dishonest, as you lent it to him. You would have to prove that he had dishonest intentions when it was lent, which would be virtually impossible (and he probably didn't have them at that point anyway), and therefore the offence of theft is not made out as you don't have the dishonesty part. That is why you are being told its civil.

Yes it sucks, but it isn't a criminal matter.

benjus · 16 July 2014 at 6:38PM

Finding someone's real address isn't hard if you're prepared to pay a bit - there are many services that will do it for you (I've used Finder Monkey in the past). However, as others have said I can't see it going in your favour at court.

summerspring · 16 July 2014 at 7:11PM

Sorry to hear this, OP. Judging by the number of posts over on the loans board about people who have lent their 'friend' or relative a lot of money, and never got it back again, maybe the saying never a borrower nor a lender be might be a good one to adopt

By all means try and find his new address and get a letter written to him, just to show him that you're not going to go away, but to be honest I'd also accept that the guitar and the money are gone for good, and never lend anything out again.

BigAunty · 16 July 2014 at 7:41PM

A large percentage of small claims court judgements made in the claimant's favour are never paid off and are virtually unenforceable.

Even if you got a CCJ in their name and if know the name of their employer and try to get an attachment of earnings which deducts money from their pay packet, all they need to do is change address or employment and you are back to square one.

You need to move on.

Poppie68 · 16 July 2014 at 9:33PM

I agree it's something to write of as experience....you would have to have proof, time is going against you and you don't have his address.

"Borrowed" Guitar

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