My stolen laptop sold on ebay now possible civil dispute? Please help!

Johno100

I'd be looking to escalate the matter with the police before you do anything else.

If this was a stolen car that had been purchased innocently by the buyer in question then the police would have uplifted the vehicle and handed it over to the original owner or more likely their insurers, not sure why it should be any different with a laptop.

Have the police said what they will do with the laptop if nobody takes the matter to court?

Buzby

You don't as whee you are based, but if the purchaser is in Scotland, they are deemed to have good title if they had no reason to suspect the seller and they paid in full for their purchase in good faith.

The buyer would have to identify the seller (thief) and by doing so assist the prosecution. There would then be a civil claim by the original owner for the cost of replacement - or if purchased from the recipient - the cost of refunding them.

If in E&W, then your rights are stronger, but you need your own lawyer to assert your ownership rights.

adz2010

MamaMoo wrote: »

http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_products_e/consumer_lost_found_and_uncollected_goods_e/stolen_goods.htm

Thanks for this! I am sure the police cannot dispute the above now surely!

adz2010

Johno100 wrote: »

I'd be looking to escalate the matter with the police before you do anything else.

If this was a stolen car that had been purchased innocently by the buyer in question then the police would have uplifted the vehicle and handed it over to the original owner or more likely their insurers, not sure why it should be any different with a laptop.

Have the police said what they will do with the laptop if nobody takes the matter to court?

They said they would wait for the courts to decide. Thats was before I mentioned lawyers. Then they said the lady would have to sign a disclaimer. I gave the car example and they said that eaiser to solve as insurance would come into it.

The PC even asked why I did not claim insurance I was like why would I want to do that when the laptop is sitting in your possession.

adz2010

zzzLazyDaisy wrote: »

If you are paying a solicitor for legal advice, your legal fees are very quickly going to exceed the value of the laptop.

I have never heard of the police referring the issue to a civil court to decide title! Goodness me, the courts would be clogged up if the police had to refer every case of stolen property to the civil courts before returning it to the rightful owner!

The law is clear on this. The seller did not have title and so the buyer did not acquire title, so the police should return the laptop to you and the buyer is left to get whatever redress they can from the seller.

Thankfully the lawyer is a family friend so hopefully wont be charging me!

adz2010

unholyangel wrote: »

How much was the laptop brand new and how old was it?

It doesnt have any bearing on you still being the legal owner but i'm trying to comprehend why someone would pay £690 in cash for a 2nd hand laptop from a private seller. They're either incredibly manipulative and faked the sale just in case or well.....they mustve came up the clyde in a banana boat yesterday.....(latter being more believable imo as sadly, some people really are that gullible)

The reason I was asking about insurance as this is the only way (to my knowledge anyway) that you couldve lost your title to the goods. When your insurance company pays out on a claim, the goods become theirs and if recovered, they would go to the insurance company, not you as you would have zero claim on them.

But since you didnt claim on your insurance, you should still have title.

Police do not always get it right. Dont be afraid to question them, just be careful how you do it. Dont be obnoxious, rude etc. I've found if you're reasonable with them, they'll be reasonable with you.

£1200 brand new it was a macbook pro. It is about 2 and half years old. They are expensive but do hold their value quite well.

adz2010

Buzby wrote: »

You don't as whee you are based, but if the purchaser is in Scotland, they are deemed to have good title if they had no reason to suspect the seller and they paid in full for their purchase in good faith.

The buyer would have to identify the seller (thief) and by doing so assist the prosecution. There would then be a civil claim by the original owner for the cost of replacement - or if purchased from the recipient - the cost of refunding them.

If in E&W, then your rights are stronger, but you need your own lawyer to assert your ownership rights.

Thankfully it took place in England.

giraffe69

I think if you have a PC telling you this sort of nonsense then as well as doing whatever you are with solicitors it might be a good move to get it moved up the chain in your local police force. I think I would be camping on their doorstep

Johno100

adz2010 wrote: »

They said they would wait for the courts to decide. Thats was before I mentioned lawyers. Then they said the lady would have to sign a disclaimer. I gave the car example and they said that eaiser to solve as insurance would come into it.

The PC even asked why I did not claim insurance I was like why would I want to do that when the laptop is sitting in your possession.

Sounds like the police are making it up as they go along.

adz2010

The acting seregant did contact me on Friday after I mentioned lawyers.

I have not heard from him since Friday which is worrying!

The PC that was in charge of the investigation is also now on leave for 2 weeks. You really could not make this up! I should turn this incident into a comedy show.