Computer repair

Sgt_Pepper_2

23n1th wrote: »

Bad business practice, doing something you've not been asked to do. If they handed it back and asked for the money and the op didnt pay thats a civil matter.

Fact is the op didnt ask them to do anything, they have lied to the op and when caught made something else up. Now they're not giving the computer back and wont return any calls and are demanding money. Theft.

It might be bad business practice but it ain't theft, so don't get yourself worked up about it and stop giving the op bad advice.

23n1th

Sgt_Pepper wrote: »

It might be bad business practice but it ain't theft, so don't get yourself worked up about it and stop giving the op bad advice.

No ones getting worked up, apart from you maybe. I could quote the common law definition of theft to you but what's the point, you can't see what's in front of you. It's never bad advice calling the police unless you're making a false statement, even if you just want advice from them, so I would suggest you stop giving the op bad advice.

I know for a fact given that information from the op the police where I live would be looking into it. Whether you think it's worth their time our not.

Sgt_Pepper_2

23n1th wrote: »

No ones getting worked up, apart from you maybe. I could quote the common law definition of theft to you but what's the point, you can't see what's in front of you. It's never bad advice calling the police unless you're making a false statement, even if you just want advice from them, so I would suggest you stop giving the op bad advice.

I know for a fact given that information from the op the police where I live would be looking into it. Whether you think it's worth their time our not.

The theft act ain't common law but the 68 theft act.

Where do you live that theft is common law?

Sgt_Pepper_2

23n1th wrote: »

No ones getting worked up, apart from you maybe. I could quote the common law definition of theft to you but what's the point, you can't see what's in front of you. It's never bad advice calling the police unless you're making a false statement, even if you just want advice from them, so I would suggest you stop giving the op bad advice.

I know for a fact given that information from the op the police where I live would be looking into it. Whether you think it's worth their time our not.

Come on them quote it.
F
Theft is.

Dishonestly appropriates property belonging to another with the intent to permanently deprive them.

Not common law.

23n1th

Sgt_Pepper wrote: »

The theft act ain't common law but the 68 theft act.

Where do you live that theft is common law?

Scotland, where theft is common law. It was common law before the statute in englandshire too.

George_Michael

23n1th wrote: »

Scotland, where theft is common law. It was common law before the statute in englandshire too.

Your comment with the very important part in bold.
What is the point in giving advice if that advice is based on something that used to be true but no longer is?

Sgt_Pepper_2

23n1th wrote: »

Its what i expect from this forum. Facts are facts it's theft, by your definition which is the same as Scottish common law.

Why do you keep referring to Scottish law when the op is in England?

You wrongly arguing it's theft will not help the op in a civil dispute. The op entered into a contract with the shop and the terms of that contact may have been broken.

George_Michael

23n1th wrote: »

Its what i expect from this forum. Facts are facts it's theft, by your definition which is the same as Scottish common law.

No it isn't.
As already pointed out, the legal definition of theft is

Dishonestly appropriates property belonging to another with the intent to permanently deprive them

And this clearly isn't what has happened.
The repairer has stated that they will hold the computer until their bill has been paid, at which time they will return it.
In other words, they have placed a lien of the computer.

In its primary or legal sense ‘lien’ means a right at common law for a man to retain that which is rightfully and continuously in his possession belonging to another until the present and accrued claims of the person in possession are satisfied

23n1th

Well done two people who are wrong.

Op ignore them. Call the police.

The guy who took your computer lied to you and is now trying to get money from you for work you didnt ask him to do. If he doesnt return it then its theft. Its not your fault he completed work he was not told to complete.

Effectively they are attempting to force you to pay for something they did of their own accord without your consent, which if it ended there would be a civil matter. However they have decided to hold your computer to ransom to force you to pay which is theft.

shaun_from_Africa

Unless the OP has a written agreement stating exactly what work they required the repair people to carry out then there is no way that the police will be in the slightest bit interested.

All there appears to be at the moment is a lot of "I said" and "he said", with little or no proof of exactly what work was agreed and how much this would cost.
Because of this, it will come down to whether Trading standards of the county court think that there was a misunderstanding, breech of contract or deliberate deception, and I certainly wouldn't want to bet on the outcome of their decision.

However they have decided to hold your computer to ransom to force you to pay which is theft

How many different people do you need to tell you that holding goods in lieu of payment is not theft.
It can only be classed as theft if the repair agent is going to keep the computer once payment has been made.