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Old 2nd Aug 2013, 17:17
  #41 (permalink)  
 
Join Date: Nov 2012
Location: Planet Claire
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FL

I'm not a Lawyer (but an ex Car Salesman.....).

As I understand it, a seller cannot pass on a better title than the one he has.

So, if he's stolen the goods- and QED has no title to them, he has nothing to pass on.

The buyer, then, clearly has no title either.

Goods invariably seized and unfortunate buyer loses all he paid for them?

Maybe only in Scotland?
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Old 2nd Aug 2013, 17:34
  #42 (permalink)  
 
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AtomKraft

As I said, "Stolen property continues to belong to its lawful owner ...... etc"

So, if he's stolen the goods- and QED has no title to them, he has nothing to pass on.
Correct.
It doesn't make any difference whether the seller stole them, or criminally 'handled' them or bought them in good faith. The goods continue to belong to the person from whom they were stolen, regardless of how many times they have been sold or passed on since.


FL
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Old 2nd Aug 2013, 17:45
  #43 (permalink)  
 
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FL

Given what you have written, is there any way the police involved could be correct in tellling the owners they have to pursue this through the civil courts ?

If not, how it it possible that they can be so badly informed ?

P.S. I'm not a lawyer, but then neither am I an ex car-salesman

Last edited by AlpineSkier; 2nd Aug 2013 at 17:48.
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Old 2nd Aug 2013, 18:52
  #44 (permalink)  
 
Join Date: Oct 2002
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My gut feeling is that the police, rightly or wrongly, are of the view that the right to have a roof over your head trumps the obligation to return stolen goods to their owner.

It may be that the police don't have the power to evict the travellers from the stolen caravan, therefore cannot seize it as stolen property. I suspect this might be at the heart of the problem.
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Old 2nd Aug 2013, 20:57
  #45 (permalink)  
Dushan
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Shouldn't they arrest them, for theft, thus giving them "roof over the head" an making the trailer available to its rightful owner.

Either that or the owner should claim it to be his rightful residence and use "stand your ground" law to evict the new "tenants".
 
Old 2nd Aug 2013, 21:11
  #46 (permalink)  
Thread Starter
 
Join Date: May 2001
Location: Newcastle/UK
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I remember the farcical situations that occurred when the squatting rage gripped the country,people coming back from their hols and finding a family of hippies living in their house and apparently nothing they could do about it.
I think the laws were changed eventually,

Last edited by tony draper; 2nd Aug 2013 at 21:13.
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Old 3rd Aug 2013, 06:40
  #47 (permalink)  

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IIRC it was a civil procedure to get them out Mr.D. Nothing to do with the police. I suspect this is the same.
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Old 3rd Aug 2013, 10:27
  #48 (permalink)  
 
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But, but, surely theft - and this is a clear case of theft - is a criminal offence and therefore the boys woth funny helmets and big boots should be feeling someone's collar by now uttering the immortal line, "comalongamenar".

Still, as has been previously mentioned/posted. Generally they're a feared of Pikeys and the human rights thing.
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Old 3rd Aug 2013, 11:04
  #49 (permalink)  
 
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Can't they obtain a CCJ against the pikeys and send the bailiffs in?
And the address of the debtor?

Has a tenant once that owed be three months back rent before she did a 'moonlight'.. i could file for a CCJ.. at her last known address
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Old 11th Aug 2013, 12:12
  #50 (permalink)  
 
Join Date: Oct 2006
Location: UK
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BBC News - Government opposed to EU caravan roadworthiness test

What are we opposing this measure for. This law, even if it is an EU idea would present a ideal opportunity to take some of the wrecks, masquerading as homes, being dragged around the country by so-called travellers. It would also, as part of the test, establish who actually owns it. Apart from reducing the theft of caravans it would establish which of the multiple identities the occupant actually is.

Obviously this fluffy government is afraid of their human rights being violated by taking (their???) home off the road.

Last edited by Fareastdriver; 11th Aug 2013 at 12:13.
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Old 11th Aug 2013, 15:30
  #51 (permalink)  
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My gut feeling is that the police, conveniently for themselves, are of the view that the right to have a roof over your head trumps the obligation to return stolen goods to their owner.
Fixed that for you.

UFO
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