Stolen goods from eBay

halibut2209

hsj2011, you seem to be rather stubborn which whilst can be an admirable trait sometimes, it can on ocassion come back and bit you in the backside. This would be one of those times. You know it's stolen, and you know that the police will eventually seize it. Putting up a fight will not endear the police in assisting you with resolving the issue. When they ask for it, just give it to them.

hawkeye9999

One thing else to consider, WHEN the police do come to collect the laptop are you expecting some sort of notice or will you attempt to make them wait while you remove your hard drive.

hsj2011

hawkeye9999 wrote: »

One thing else to consider, WHEN the police do come to collect the laptop are you expecting some sort of notice or will you attempt to make them wait while you remove your hard drive.

Not completely sure. I did specifically ask the police when I phoned whether I'm able to continue to use the laptop and they said I could so surely would've thought they would allow ample time to remove me data.

On another note, getting the old hard drive back is not going to be possible but even if I could get it back, I secure erase all hard drives before selling them (to US government standards) so there would be no hope of getting any data from it.

andygb

Loanranger wrote: »

But it's an offence to receive stolen goods.

They do say that if you cannot give any useful advice, then you should keep quiet.
You are really not helping the OP, and you are wrong.

asbokid

A buyer used to be allowed to keep stolen goods that he had purchased in good faith in a market overt (from the French marche ouvert, meaning 'open market').

Since Anglo-Saxon times, the exception of market overt was recognised in English common law. [1]

However, in 1994 the Major Government finally abolished the loophole. The exception of market overt had earlier been codified in statute through s.22 of the Sale of Goods Act 1979 [2] and it was that section of the Act which was repealed in 1994.[3]

22. Market overt

[STRIKE](1) Where goods are sold in market overt, according to the usage of the market, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of any defect or want of title on the part of the seller. [/STRIKE]

Ironically, the legacy jurisprudence left in Hong Kong by the fleeing British opium traders, even today recognises the exception of market overt in the former colony.[4]

[1] http://www.jstor.org/action/showArticleImage?image=images%2Fpages%2Fdtc.37.tif.gif&doi=10.2307%2F1110070
[2] http://www.legislation.gov.uk/ukpga/1979/54/section/22/enacted
[3] http://www.legislation.gov.uk/ukpga/1994/32/section/1
[4] http://www.jiclt.com/index.php/jiclt/article/download/62/61

ghanagirl

hsj2011 wrote: »

I have no idea who the hard drive was sold to because it was an ad on preloved and the person phoned up then came and collected the hard drive.
I haven't contacted the original owner! I contacted the person I purchased the laptop off (i.e. the theif).

Surely I have a right to see proof that the laptop is indeed the one they claim is stolen? I.e. I should be entitled to see a copy of their receipt with the laptops serial number.

Sounds like you're contradicting yourself. One minute you say not to contact the original owner and the next, your saying "The person with the goods must inform the owner and allow them to take them away"???

You ask for help and it seems you can't get past the fact that you have been conned into buying a stolen Laptop, under the law of the land you do not own the laptop its as plain as that.
Lets reply to your points.
1) I advise you to get back the part you sold, you say you can't so thats the end of the story, what the owner of the laptop will do is up to them.

2) you have no proof she is a thief, she looks like she's part of the crime too, as she may have to pay you back, but you give her no benefit of the doubt or show any sympathy.

3) You have no rights in the eye of the law you have been told its been stolen by Dell.

4) I am not contradicting myself i am saying you should never tell the owner you have their property because if they ask for it back and you refuse (which you are saying you wont hand it over) you are then commiting a crime under the Theft Act.

I posted relevant parts of the legal text to help you out, i did not have time to type out all the pages of the Fraud Act 2006 and Theft Act 1968.
you can read it yourself.
Also the police officer who told you , you can use the laptop is wrong. using the laptop knowing its stolen is a crime under section Section 22(1) of the Theft Act 1968.
Section 22(1) of the Theft Act 1968 states: A person handles stolen goods if, (otherwise than in the course of stealing) knowing or believing them to be stolen;

� They dishonestly receive the goods.

� They dishonestly undertake or assist in the retention, removal, disposal or realisation, by, or for the benefit of another person;

� Or they attempt to dishonestly arrange to dishonestly undertake or assist with the retention, removal, disposal or realisation of stolen goods.

Top of Page 9

http://www.lawteacher.net/PDF/TA%201968.pdf

If you had common sense you would ask dell for a contact number for the company who owns the laptop or ask Dell to give them your phone number, they may not want it back if they have been payed by an insurer, then get the insurer's details they may want a peppercorn fee and it will save everyone involved a lot of hassle.
Enter the serial number http://www.stolencomputers.org/home.html it may be listed.

Pheobesmove

Unfortunatly a case like this will be quite a low priority for the police. Its been a bank holiday weekend since you found out the facts from Dell. The details would have been reported to the police by Dell and are probably still on a que waiting to be assigned to an officer.
You would think its a easy straightforward case but unless the seller and original loser lives in the same area as you, its not. Getting the info and a statement from Dell will take time, contacting the loser and getting the force they live in to take a statement. Again it'll go in a que and wait to be assigned.
It all takes time. Shift patterns and trying to liase with other forces on a different shift pattern is hard work.
You will be lucky if you are able to keep hold of the laptop. You may be able to persuade the officer who visits that you retain the item as it will probably have no forensic value now. The time scale and finanacial implication of them wanting to interrogate the machine is costly plus add a year to 18 months to an outcome.
If you do get to retain the item you'll have to sign a form saying that you won't sell or destroy the item.
The only problem I can see that they may not want you to keep the item is because of its value. Its been stolen once and who's to say no one will steal it again.

I'd get everything backed up just incase you do lose it.

Pheobesmove

hsj2011 wrote: »

Still heard nothing from Dell or the Police about this since Friday but I was just reading that the police would need a court order to be able to take the laptop back. Is that correct?

Police and Criminal Evidence Act 1984 Section 19
Under section 19 when a constable is lawfully on any premises he can seize anything which he finds on the premises if he has reasonable grounds for believing:
(i) that it has been obtained in consequence of the commission of an offence; or
(ii) that it is evidence in relation to an offence which he is investigating or any other offence;
And (iii) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
This also applies to information contained in a computer and he can take away hard-copy print cuts of such information. Section 20.

Mig1971

Any good news?

Ladyshopper

Pheobesmove wrote: »

Police and Criminal Evidence Act 1984 Section 19
Under section 19 when a constable is lawfully on any premises he can seize anything which he finds on the premises if he has reasonable grounds for believing:
(i) that it has been obtained in consequence of the commission of an offence; or
(ii) that it is evidence in relation to an offence which he is investigating or any other offence;
And (iii) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
This also applies to information contained in a computer and he can take away hard-copy print cuts of such information. Section 20.

Spot on, the police can take anything they believed to be used in crime. They don't need a court order.

You know its stolen, dell have told you so. Not sure why you're now going on about "proof"?

The police can and will investigate, but unfortunately for you crimes like this are low priority. They will be able to get all the details from ebay/paypal, and even dell if required, but these all take time as you have to submit a disclosure of data form, then await the results.

I guess once they have obtained these details you could apply under the freedom of information act to have them disclosed to take the seller to small claims court. Thats assuming no prosecution takes place. If there is a prosecution, you could ask the court to consider awarding you the cost of the laptop back assuming the seller is found guilty. If she is a single mother on benefits you might find that that is at £1 a week!