UK Legal Advise - Stolen Camera

[barnabythebear]

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Hi all,

My Q2 was stolen in March this year and since then I have been keeping an eye on second hand listings here in the UK. Astonishingly, I found the camera for sale in a UK Pawnshop. I have a crime number and the Police have been helpful to a point but I'm having real trouble convincing the Pawnbrokers to return the Q2 the point where they are no longer responding. The Police have spoken to them and have tried to convince them that I have legal ownership, but to be honest I think they seem to have given up.

What can I do in a legal capacity to get them to return the Q2? I am looking at making a compliant via the Financial Services Ombudsman, but I'm not sure this is under their remit.

Many thanks for your help.

Nige.

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[pgk]

Well I found this: https://www.ukfinance.org.uk/system/files/2023-01/Industry protocol for the pawnbroking sector.pdf and it seems that the FCA (Financial Conduct Authority) govern Pawnbrokers so if the Pawnbroker involved is clearly handling stolen goods and has been advised by the police that they have a stolen item then the threat of a complaint (backed by relevant paperwork of course - this will be essential I would think) might just do the trick. If the threat doesn't work then carry it out and complain to the FCA who should bring pressure to bear, if that is, that they actually do what they are intended to - regulate conduct.

[barnabythebear]

Hi,

Thanks for the response. The FCA website points me over to the FSO. I have started to initiate a complaint but as I don't have a client/customer relationship with the Pawnbroker, they are not sure they can help.

Thank you,

Nige.

[M8X2]

I am a legal professional but not a UK lawyer, so I cannot give you legal advise. If I were you, I would seek legal advice from a UK lawyer. The first order of business is to prevent the pawnshop from ‚selling‘ the camera. If they sell it (although it should not be possible to obtain ownership on a stolen good), there is a good chance you are out of luck. Everything else has more time. The pawnshop has zero interest in complying to your request, because the shop will be losing money. Also, I assume those shops are experienced with such situations, so they know exactly how far they can push it. I assume you will probably need an enforceable title before you will see your camera again.

Good luck! 

[RexGig0]

Interesting. When I was a peace officer, in Texas, USA, simply becoming aware that a pawned item was officially reported as being lost or stolen, would obligate me to seize the item, and place it into the custody of the department’s Property Division. To elect to do otherwise would have been neglect of my official duty. The pawn broker would have the option of contesting the seizure, by requesting a legal hearing.

Obviously, Texas law is not the same as UK law, but Texas law is based upon English Common Law, which leads me to believe that there must be a legal remedy for UK folks.

[pgk]

What about writing the relevant Police and Crime Commissioner? They have been created to do something after all and surely getting the police to deal with a clear and obvious breach of criminal law (handling stolen goods)should be part of their role?

[barnabythebear]

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Hi all,

Thanks for the responses. Pgk - good idea, I'd not thought of that. MX82 - I think you summary is accurate, the last thing they want to do is return it. RexGig0 - that sounds like a reasonable approach, sadly not in use here though.

I think I will write to them again a final time but include all the evidence that I have of ownership (quite extensive) plus evidence that I passed on to the Police including CCTV. I doubt the Police have passed this on to them at any point.

Thank you,

Nige.

[LocalHero1953]

Include the phrase "knowingly handling stolen goods" in your letter. They can claim they don't actually "know" it for certain, but with your evidence of original ownership and of the theft it may give them pause enough not to sell it quickly.

Good luck!

Edited June 4, 2024 by LocalHero1953

[earleygallery]

Hi, if you have had an insurance claim paid out for the camera then it's really the insurers property now and you should notify them of the matter.

If it wasn't insured then I would hand deliver or send by registered post, full details to make them clearly aware that they're handling stolen goods and then speak to a solicitors (if the police aren't going to help).

[Jeff S]

+1 Another good reason to carry insurance, whenever possible.  
 

Jeff

[barnabythebear]

Hi all,

Thanks. I usually insure but this had lapsed as I was in the process of selling it and not actually using it. My Q3 is happily insured

Nige.

[Jeff S]

Lesson learned.  Many years ago, a lens I sent to a dealer for sale arrived broken, they claimed, despite fine condition and working order, and good packing. Shipper and dealer would not accept any responsibility.  Insurance immediately took over, with no further effort on my part, and a check for full value was received shortly after.  

Jeff

[barnabythebear]

Wow, got an email from them today:

Please accept our apologies for the lateness of the response, but I believed that we were waiting to hear from you when that was not the case. If you could please advise me of the address that you would like the Sony Leica Q2 camera sent to and I will arrange for that to happen as soon as possible.

Looks like I'm getting my Sony Q2 back  They have been ignoring me since April 😠

Thanks for your input.

Nige.

[earleygallery]

A Sony Q2? 

[barnabythebear]

That was their description of the camera