My rights on something that belongs to me that older brother pawned.

indierocker85

Hi

My older brother pawned his Nintendo Wii at cash converters. And also took it upon himself to help himself to games I bought and pawn them too. Not only did he do that. But one of them belongs to a 14 year old kid I borrowed from.

Do I have any rights to get them back?

My brother doesn't have a 2 pence to scratch his backside with so pointless even suggesting him getting them back

Tozer

Nope. They would have been a good faith purchaser.

Ivrytwr3

only options are:

a. Call police and report your brother.

b. Buy a duplicate game and give it to the 14 year old.

c. Give your brother a kick up the a$$!!

pinkshoes

You have no rights as this is a civil issue with your brother. Speak to your brother and ask him what he's going to do about it. I'd either tell him to sell/pawn some other possessions of his to buy back the games, or you'll report him to the police for theft.

It really depends how much you like your brother (or not!).

indierocker85

I hate the man!!!!!!!!!!!!!!!!!!!!!!

hollydays

Did he do this deliberately?
Did he just think you wouldn't notice?

Andy_L

Tozer wrote: »

Nope. They would have been a good faith purchaser.

I don't think that a pawn broker counts as a "market overt" so cash converters don't have legal title. However to reclaim them you'd have to prove they were yours and shop you brother to the police

bookworm1363

Cash Converters are not pawnbrokers, they are purchasers of 2nd hand goods.

Normal law applies, in the case of stolen goods, the owner of the goods (you) is entitled to the goods back full stop. It is then up to the last buyer in the chain (Cash Converters) to recover the monies paid to the seller (your brother). CC's good faith is irrelevant, they should have checked that your brother had title to sell the goods in the first place and they obviously didn't.

The problem you are going to have is proving that the goods were yours in the first place. You are going to first report the theft to the police, get a crime no, then approach CC with that. But knowing that your brother stole the goods and proving it is a different matter, and you could be in for a hard slog.

Freddie_Snowbits

indierocker85 wrote: »

Do I have any rights to get them back?

And the audience says

pinkshoes wrote: »

It really depends how much you like your brother (or not!).

Your phone a friend says

Ivrytwr3 wrote: »

c. Give your brother a kick up the a$$!!

Personally Fred does not advocate the use of violence, but I would certainly look into some form of persuasion.

Freddie_Snowbits

bookworm1363 wrote: »

Normal law applies, in the case of stolen goods, the owner of the goods (you) is entitled to the goods back full stop.

In the first instance, what you say is another load of codswallop, the fact is the OP is after advice and the first thig is this is a civil matter, unless the OP wishes to recover their property by reporting the theft of goods by their brother, at which point it will become a matter for the Law.

One doubts at this stage, CC are interested in the matter, as no theft has been reported and the goods returned.

prowla

Your brother stole items from you and someone else and sold them.
You have to decide of you want to report them as stolen and cause the trouble for your brother.
You also have to decide if you want your friend to report his items as stolen and pursue you and/or your brother for their return.
I don't think CC would just hand them back and say "sorry mate", as someone is bound to have tried a scam like that on them (not saying you are!, but it is bound to have come up at some time).
You may be able to get some mileage out of saying that they didn't take proper care to confirm ownership, but I wouldn't be hopeful.
I guess the value of the items is under £100, so perhaps you could just chalk it up to experience.

My son sold his DS & games a while back (that I had bought him), for £50 all-in, and I wasn't best pleased about that.
Next time I might just give him £50 instead of spending a couple of hundred on him.