Intellectual Property Law

Get stolen property back ! HELP !?

Hi got some camera stolen from my house. Police came, report filed, etc. They arrested the burglar but never found the camera. Now I found it, was sold in ebay. The seller is a well known shop, called the police, they said that they will try but if the buyer bought in good faith ( not knowing it was stolen ), they cannot recover the camera under UK law. Is this possible ?! I got invoice, serial numbers ( thats how I tracked it down ), etc. If the buyer of my stolen camera bought it under good faith ( and for the selling price, I believed he did ) , can he keep the camera ? Cant the police do nothing about it ? In continental europe I know how it works ( im a conti ) but UK law puzzles me. Any help please ?

Public Comments

1. I am not a lawyer but as I understand it, the UK legal system is rooted in something called "Common law." The US legal system actually defers to common law when no other statutes are available as well. I believe what you described is correct and the police would probably have retrieved it, or told you how to do it, if they could. Sorry.
2. Sorry about your plight, but I hope you get your stuff back.
3. From what the cops told you, it sounds like you'd have to go after the burglar for the value. In the US, buying in good faith only means the the ebay seller wouldn't be prosecuted for receiving stolen property. It wouldn't mean that he could keep the property. Stolen property is always given back to the rightful owner, regardless of how the seller came to possess it. I'd check with someone else besides the cops. he may not know what he's talking about. They also may have meant that it was a civil case, meaning you could sue the seller, but law enforcement couldn't intervene for you.
4. I worked for Old Bill for awhile on an IT project. I seem to recall them telling me about a scam involving reconditioned computers stolen from students. I seem to recall that whoever bought the stolen computers would ultimately lose out, as the rightful owners could reclaim them (even though the new owner had bought it under "good faith") using serial numbers on the motherboards to trace them. It is possible you are dealing with a lazy copper. Some of them are really great people, others not so much.
5. As far as i know. the camera should be returned to you. Sounds like the Police are just being lazy. I would go back to the Police Station and ask to see a Senior Officer.ps name the store lets all know who is fencing goods
6. no theyre not entitled to keep it if you can prove it was yours beyond doubt even if they did buy it in good faith and they can be done for handling stolen goods
7. Whoever told you that is quite wrong. If it's identifiably yours, you get it back, without question. Basically it's tough luck on the buyer, whether in good faith or not. He cannot keep it. Press the police again, maybe a more senior officer.
8. Tracing of assets. Common law: The general proprietary rule; nemo dat non quad habet basically means you cannot pass a proprietary right on greater than you have in relation to an asset. If you have stolen an asset, you have no title to it, other than possession of the item. So, you can pass possession on, but never title. The title remains with the true owner, which would be you in this case. Common law is excellent where there is an identifiable asset to point to. Once the asset is mixed in some way, or becomes unidentifiable, common law runs out of answers, for example embezzled money placed into a bank account containing other monies. So, the position at common law is: if there is an asset that you can point to and prove title to, you should be able to seize it. Sadly, as ownership involves exclusive rights, it means that the buyer will lose out. The police here should not have anything to do with it. This is the civil side of tracing. You will have to obtain your camera under your own steam. If mixed, equity steps in. Equity is essentially the idea that justice should be done. Equity ignores problems with admixtures etc. But, there is a problem. Common law butts up against equity, basically what is fair. Equity has a conflicting rule for tracing of assets where an innocent third party, buying in good faith, is involved. Once the asset is recieved by of an innocent third party ("a bona fide purchaser for value") you cannot take the asset as they have bought it in good faith. So, what do you do? Well, as there is an identifiable asset, you chase it through common law, not equity. You should be able to obtain your camera. get a lawyer to advise you on it. An initial consultation with a high street solicitor should be free and he will go through it with you. Ignore the ex-policeman, a bona fide purchaser cannot be 'done' for handling stolen goods as their hands are guilt free, hence the term bona fide purchaser for value and in good faith. In general, ignore policemen if they are giving so-called legal advice wherever possible, they have no idea about the 'law' they tout.
9. I think you should challenge this, When stolen cars are found they are returned to the owner and any buyer who purchased in good faith is left out of pocket.
10. I think that policeman was telling fibs. I would contact your local police station and ask for an appointment with a senior officer as you have a complaint. Raise the issue with them and ask them to investigate why you cant get your camera back. It seems to me you have already done the leg work for them.... Each police force also has a customer charter and part of this is concerning crime results... We all contribute to the police through our extortionate council tax so how have they provided a service in this instance