"Borrowed" Guitar

DKLS

Stealing a mans guitar is worse than stealing a mans wife.
ON your behalf I curse him and hope his balls go square and rub against his trousers for the rest of his guitar stealing existence.

lammy82

I don't think I'd be willing to let go of £600-worth of guitar (or anything) that easily.

I'd be camped outside his house with a 'payment plan' document ready for him to sign to commit to paying me back week by week and make it clear if he doesn't agree then he'll be going to court. If he agrees to sign it (even if he's no intention of following through) then you have got evidence that he acknowledges the debt exists.

I'm not a lawyer, by the way.

Mr_Toad

krisalexroberts wrote: »

Theft is:
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

How can it be anything but? He dishonestly borrowed and then sold it on, permanently depriving me of it.

Its frustrating as to how there is no method of regaining the money. Ill just try find his address

But it isn't theft, you handed it to him.

As someone else said all he has to do is say that it was a gift and it becomes your word against his. And, because you handed it to him there was no crime which is why the police aren't interested.

Mr_Toad

lammy82 wrote: »

I don't think I'd be willing to let go of £600-worth of guitar (or anything) that easily.

I'd be camped outside his house with a 'payment plan' document ready for him to sign to commit to paying me back week by week and make it clear if he doesn't agree then he'll be going to court. If he agrees to sign it (even if he's no intention of following through) then you have got evidence that he acknowledges the debt exists.

I'm not a lawyer, by the way.

Already been through the court and still no guitar or money, the law isn't about what's fair it's about what's legal and what you can prove.

LandyAndy

I'm inclined to think this is theft as, if he sold it immediately on obtaining possession (as the OP asserts), then it must have been his intention to permanently deprive the OP and in asking to borrow it (implying it would be returned) he acted dishonestly.


That having been said a prosecution for theft would surely fail for lack of any proof that is wasn't a gift.


Similarly, a civil action for the value of the guitar will surely fail for the same reason.


So, OP, although it has obviously, and rightly, left a bitter taste I am afraid I agree with everyone else who has said let it go and move on.

picklekin

I do appreciate its annoying to lose such a sum, but if you leant it out in the first place, so you could live without it then, and it seems like you'll have to now. Its not a life changing amount of money and you'd be best to let this go and save yourself a good deal of stress. On your behalf I wish them a really painful toe stubbing.

atrixblue.-MFR-.

Agree with others theft is simply not lending something in the expectation it will be returned and it isn't. He sold it without consent, after you permission to be in possession of it so it is not theft.




TBH is actions suggests fraud, he defrauded you by asking to lend to the guitar then selling it to bogoff to mexico. but you would have to prove these intentions, with witness statement suggesting he knew befor ehand he was going and needed this amount of money to go and he knew you property was worth that amount so he duped you into thinking he was lending the property but his intention was to sell it.


either case you probably going to spend more than what the guitar is worth in chasing him to pay up.


im a guitar player myself, I own a cherry red 1995 fender strat, its not worth anything in terms of money but to me its my pride and joy. to have it taken ripped off by a mate would send me red just like the guitar and tear his head off, but I wouldn't chase it to the ends of the earth.

Gigervamp

DKLS wrote: »

Stealing a mans guitar is worse than stealing a mans wife.
ON your behalf I curse him and hope his balls go square and rub against his trousers for the rest of his guitar stealing existence.

Who says the OP is a man? I'm a woman and have a bass guitar.

Mr_Toad

atrixblue.-MFR-. wrote: »

im a guitar player myself, I own a cherry red 1995 fender strat, its not worth anything in terms of money but to me its my pride and joy.

I can relate to that. I'm also a guitar player and I have a small collection, 14 or so at the last count, and my favourite is one of the cheapest.

It's a Chinese made Squire strat that cost £180 new but I replaced the electrics with proper Fender switches and Lace pickups, one Blue, One Red and One Gold. It plays like a dream and I'd never lend it to anyone or part with it.

I've got a Gibson Les Paul, a 335 and a Hummingbird as well as a USA Custom strat plus a couple of Epiphones etc. but tonight when I go to my regular jamming session it'll be either the Squire strat or my Crafter SA that goes with me.

The Memsahib keeps asking me why I don't sell the ones I only use occasionally. :eek: She just doesn't understand, it'd be like selling a child!

Snakey

Happened to me with a motorbike. I bashed my head against quite a few walls before accepting that there was nothing I could do to get either the money or the bike.

I'd like to say that I learned from the experience, but in fact it took at least two other incidents with different "friends" before the penny finally dropped that just because you value someone's friendship and would never throw it away for the sake of a few quid even if you were a dishonest sort of person, doesn't mean they feel the same way about you.

I now have the phrase "sorry, I'm a bit strapped for cash myself right now" on the mental equivalent of speed dial.