Where do I stand?

DD1966

Hi,
hope someone can help me....
My daughter did a photography course at college last year, and for her birthday we bought her an expensive camera, which was put to very good use, it came with an extra lens which she never used. one of her classmates asked if he could borrow the lens for a project he was doing and with our permission she duly lent it to him! fast forward to now, she is and has been trying to get the lens back from this guy for 6 months, she's emailed him, called him, arranged to meet him at a college function (which he never turned up to). needless to say he has completely ignored her!!
How do we go about getting the lens back, i'm fast losing patience to be honest and want to email him myself, (he's on Facebook and is on my daughters friends list), but my daughter is adamant she wants to sort it, but I can't see her having any more luck than she has already!
What do I do??

bris

As a civil matter, if he refuses to return it the only option is to start a small claims action for the cost of replacing the lens, you can also claim the expense of the action.
If you have an address for him, send a letter before action giving him 7 days to return the lens in the same condition is was lent or you will take action against him for £xxxx (the cost of the lens) + costs. The LBA is required before you start a claim, you can do it online https://www.moneyclaim.gov.uk/web/mcol/welcome or at your local court.
This threat may be enough for him to return it. If not follow through on the threat.

mpbaz

That is NOT the only option. The definition of theft is to permanently deprive someone of their property. This has clearly happened and is thef pure and simple. The owner allowed the item to be used for a short time that was the agreement. That agreement has been broken by the item not being returned then becomes theft and he can be arrested and charged for that offence if he does not return it. I would call and leave a message on his phone or email stating you will call the police if he does not return it give him a day or two if that fails then call the police explaining the whole scenario.Depending on where you live they maybe reluctant to get involved but press ahead regardless its her lens not his.

Leo2020

Maybe he has damaged the lens and doesn't want to own up because he knows he can't afford to replace it and/or feels guilty that he broke it. Has she asked him if he has broken it? This might start a conversation with him and see where it goes from there. If he still won't talk then either go down the small claims or theft route as above.

mpbaz

If someone borrowed your car the same scenario would play out.

mpbaz

Your car is your property if someone borrows it and does not return it you can legally report it stolen as it has not be returned , you wouldnt hesitate with a car why would you with this the principle is the same!

DD1966

Hi all,
thanks for your replies so far.
My daughter did ask him in the message she sent him if he'd damaged it or lost it, she told him that she was getting grief from her parents about it, but still nothing. i don't know where he lives but i know where he works, it states this on his profile page on Facebook! can i use this address for any action?
my OH thinks that its a lost cause and we should kiss goodbye to it! i disagree....

floopnoodle

What type of lens is it?

I know it's the principle as well but some kit lenses aren't really worth that much.

I got an 18-55mm 35-5.6 with mine and they fetch around £40-50 on ebay even though the camera and lens cost me £400 together.

mpbaz

I wouldnt even go down the civil route until you have spoken with the police as it is not a civil dispute its a criminal act ,theft direct them around to the work address lets see how uncooperative he is then!!

bris

mpbaz wrote: »

That is NOT the only option. The definition of theft is to permanently deprive someone of their property. This has clearly happened and is thef pure and simple. The owner allowed the item to be used for a short time that was the agreement. That agreement has been broken by the item not being returned then becomes theft and he can be arrested and charged for that offence if he does not return it. I would call and leave a message on his phone or email stating you will call the police if he does not return it give him a day or two if that fails then call the police explaining the whole scenario.Depending on where you live they maybe reluctant to get involved but press ahead regardless its her lens not his.

The item was freely given, no theft has taken place.
1968 theft act.
Appropriates”.
— (1) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.

DD1966

The lens came with the camera and the package cost about £700... expensive i know, but i knew it would be put to good use, it's a Canon eos 1000d. not sure how much the lens would be if bought separately! i guess around £300 as the camera alone would have been about £500.