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Showing content with the highest reputation on 01/09/17 in all areas

  1. Shizbazki

    Help a girl out

    Hi Chellew22 Allow me to be a bit of a Policeman here (as in seeing it from the eyes of the law) This will be a bit of an essay (so i provided a TL:DR version just below with long bit below that) in order to address as many points as possible in one go. TL:DR version: The gun is the real cookie item and would net you around £150 to £200 depending on brand and condition as I know of someone asking for an M249 SAW on these here forums http://www.airsoft-forums.co.uk/index.php/topic/24024-m249-para/ Most importantly find out a way to contact him by any means even via a third party (like a friend of his) to see if he wants his stuff, he could pop up anytime asking for it and when he found out you sold it can make a malicious allegation against you (YES PEOPLE DO THAT) to the police. LONG VERSION From what i understand the following points is that: · You purchased some or all the items for your ex as a gift · That subsequently after your break up he has left these items at your home · That it has been about 2 years that you have split · That you are no longer able to contact him (does this means both directly and indirectly) · That you intend to rid yourself of said items by way of sale Firstly i can see a number of issues cropping up from this since the break up of a couple (even if its an amicable one) can turn sour very quickly over property and money etc. The S1 Theft Act 1968 states that a person is guilty of the offence if he dishonestly appropriates property belonging to another with the intent to permanently deprive the other of it. http://www.legislation.gov.uk/ukpga/1968/60 Lets break this down first. Dishonestly: Basically not being truthful of ownership Appropriates: takes, makes their own, Property: this can be anything including Airsoft stuff Belonging to another: says exactly what it means on the tin Intent to: The Mens Rea of the offence (the intention) Permanently Deprive the Other of It: This means to keep or own the item, to sell, eat or destroy it So in your case: Dishonestly: Not saying you are or are not but please i implore you to find his consent (trust me it will clear things up later) Appropriates: Yes you have taken charge of the items are they are in your control, control is not the same as ownership an example would be say someone lent you a DVD movie? you are in control of it but you do not own it Property: Yes there is property namely the airsoft stuff Belonging to another: This is the arguable bit Intent to: Well you intend to sell it right? Permanently Deprive the Other of It: Well someone will be permanently deprived of it if and when you sell it, the arguable bit is who will be you or your ex? Firstly we need to establish who owns what, do you own all the items, did you buy everything for him or bits of it, anything he bought using his own money say for example the helmet is technically his and therefore the sale of it would constitute as theft. However if you have given him certain things like the gun which i believe you stated you bought for him as a gift, even with a receipt that you purchased it, if you have given the gun to him as a gift then you have (in the eyes of the law) transferred ownership of the gun from you to him as you forfeited your ownership of it, he is technically the owner of the gun and therefore selling it would constitute as theft. Imagine the scenario (and i have seen this played out in real life many a times between ex's over things as trivial as some clothes or DVDs or Mucis CDs and even a Library Card): One day out of the blue he rocks up, knocks on your door and asks for all his airsoft stuff, you said you sold it, he gets the hump and because all the stuff was gifted to him he believes he still has ownership of it and calls the police, he gives his allegation to them that you sold his airsoft stuff without his consent and is willing to proceed with the allegation, as its a Domestic Incident (as you were both in an intimate relationship at one point regardless of how long has passed) they have to (as per ACPO guidance in the case where there is an offence in a domestic related incident officers MUST take a positive action policy and 9 out of 10 times) arrest you (which will mean you get a PNCID Number if you haven't already got one (don't take the last statement badly, i don't know you so don't know if you have one or not) in order for the offence to be properly investigated by way of taped recorded interview, this could lead to depending what you say during interview No Further Action or a Caution or Charged to appear at a Magistrates Court and if they find it in his favour will convict you and you will end up with a Criminal Record (unless you already have one then it will be added to it (again i don't know you so don't know if you have one or not). Even if you are no further action'ed he may still take you to a civil claims court in order to recuperate the monetary value of the items sold. In reality the officers would most likely use some discretion and say to him "If you left her so long ago, why only now do you want the stuff back?" and if they learn about the gifting of it would likely point him in the direction of a civil claims court and then would he be bothered to do that, likelihood is NO. Please don't take this whole statement as literal but you can see how nasty it can get, some people can be vindictive F**KS when they want to and can ruin your life just because they can for shits and giggles. Its seems to me from your first statement "My ex boyfriend, long gone, long story lol", that you have had a bad split or at the very least not an amicable one so it would weigh on the side that he would likely be an arse about it if you sold the stuff just to annoy you. The best way of going about this is to contact him directly by phone, facebook (remember you can message people who are not friended to you), whatsapp or if that's not possible indirectly via mutual friends or friends of friends etc, you are likely to have three outcomes from here: A: You get in contact him somehow or other, asks if he wants the stuff back, he says YES, he comes round at an agreed time and date, have mutual friends between you or better yet call the local police to ask if an officer can attend to witness the exchange of property and prevent a Breach of the Peace (this might not always happen or be available) but do let the officer know upon his/her arrival what the items are so that they dont get the shock of their life when they see an LMG being exchanged. You exchange property without incident JOB DONE. B: You get in contact him somehow or other, asks if he wants the stuff back, he says NO, if you have a phone call recording, Facebook messenger log etc of him saying NO, Save it and keep it, sell the stuff on this here good forum and be done with it. If he crops up weeks later asking for the stuff you have a phone call recording or face book log showing that he gave you permission to sell it as he relinquished ownership of it, tough luck to him JOB DONE. C: You have made every effort to contact him be it by phone, letter, email, facebook messenger etc or find him via mutual friends, going to his house, speaking to his parents and still cannot get in contact with him, keeping a log of your progress in order to contact him to ask about this stuff you sell it under the defence that you believe he has relinquished his ownership of said items, should he pop up a few weeks later you have proof you made every effort to find him, JOB DONE. Chances are that putting it on a public forum such as this which he may be a member of and see might spark his interest in wanting it back so be prepared to hear from him again regarding this. Finally should you have done all the above and come to the conclusion to sell it then you must ensure that whomever you sell the gun to must have a legal defence to buy the gun such as a UKARA registered airsofter or other defence See the Law section in this forum for more guidence. Finally don't take what i have said above as Gospel as depending where you live in the UK your local Police force may have its own different policies regarding the above and there are probably another hundred factors which you may have missed out that i don't know about and i have only described one out of many worse case scenarios to you from real life experiences. Take my advice or not, up to you really
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