'uman caravan rights

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Guinevere
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Re: 'uman caravan rights

Post by Guinevere »

Daisy wrote:£30,000 and it wasn't insured .... fucking cheapskating idiots.

And there is the definition of "pound wise and penny foolish." Literally. Sheesh.
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Big RR
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Re: 'uman caravan rights

Post by Big RR »

Lord Jim wrote:The cops don't need to make an arrest or a prosecution if they're convinced the stolen property was bought innocently. But there doesn't need to be a civil action either. The police can simply confiscate the property and return it to the rightful owner. (At least that's what they'd do here; there would be no need for a civil proceeding to determine ownership; if you buy stolen property, innocently or not, you have no case for ownership rights)
Jim--I don't think that's the case; if there's a dispute as to ownership the cops can't make the call, a court would have to. The cops may take possession of and item in dispute to assure it is kept protected (if they think it might be damaged or moved, but they cannot just give it to the person they think is the owner. Imagine what would happen if the cops asked you for proof that you owned some item, and when proof wasn't forthcoming they just took it from you and gave it someone else. They wouldn't do it, even if they did have the authority to do so.

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Lord Jim
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Re: 'uman caravan rights

Post by Lord Jim »

Big RR, I'm talking about situations where the rightful owner has already filed a theft report, and provided proof of ownership to the police. In that case it wouldn't matter what "proof" of "ownership" the person who purchased the stolen property did or didn't provided.

I have a friend who went through this with a stolen car. She reported the theft, and then about six months later she got a call that the car had been recovered during a routine traffic stop. She was able to pick up the car from the police impound lot with no further legal proceedings.

She asked about the person who had the car and was told that they had apparently bought it without knowing that it was stolen.
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Scooter
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Re: 'uman caravan rights

Post by Scooter »

Just because someone is able to prove that they purchased an item, that isn't proof of ownership. They could have turned around and sold it to someone else and are now claiming that it was stolen. In this case there doesn't appear to be a requirement to title the caravan as you would an automobile, so you can't just turn it over to someone who can prove title as you could an automobile.
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Big RR
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Re: 'uman caravan rights

Post by Big RR »

I tend to agree with scooter, my guess is that a title search showed your friend owned the car,; in title states this is dispositive proof that the person listed on the title owns it. I would also guess the person who possessed the car agreed with the police to return and not claim ownership; if they hadn't, your friend likely would have had to deliver the title to court and get an order from the police to deliver the car to him; this is the sort of question a judge, not a police officer, must answer.

As for this caravan, it may be no title rules exist for caravans, but it is also clear that the residents are claiming ownership based on a receipt that looks specious at best. I would think it could be handled by the courts fairly expeditiously; and while they might be subject to some legal fees, in the "loser pays" system in the UK, I would think they could get much of that back when they win. Indeed, I am surprised the residents would even try to challenge ownership with the evidence shown unless they really believe they own the caravan, although if they are judgment proof (have no assets//income) they may not be risking all that much.

oldr_n_wsr
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Re: 'uman caravan rights

Post by oldr_n_wsr »

They bought the vehicle on hire purchase – and still have to make monthly payments of £250 for the next two years.
If "on hire" is a loan, here in NY (USA?) the loan company would make you take out insurance on the item be it a house, a car or an RV.

Jarlaxle
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Re: 'uman caravan rights

Post by Jarlaxle »

Daisy wrote:£30,000 and it wasn't insured .... fucking cheapskating idiots.

Bet they didn't have a hitch lock or a wheel clamp either, might has well have put a fucking big sign on it saying NICK ME!!

As caravan insurance is not compulsory and the CRIS scheme is voluntary, unlike vehicle theft the police can't take it back.
Note: I can get a hitch lock and a wheel clamp off in three minutes. Honestly...if I had a partner, I could get the hitch lock off in 30 seconds, spot him while he backs the truck in, and by the time he's hooked up, I'd have the wheel clamp off! They're pretty much worthless.
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