Hired surfing kit, not returned. Please help

[cuco]

Hi everyone,

I made a mistake, I know I was wrong and I feel bad for that.

 

First of all, allow me introduce myself.

I am from Spain and I went to a little city called Newquay in order to look for job and improve my english level.

That was in November 2013.

In December 2013, I rented some surf stuff (surf board, gloves, wetsuit and slippers).

 

As deposit,

I provided my English number phone, email address and English address.

That day, I went back to Spain, so I had just enough time to give back the surf kit and I decided not to give back.

 

Days later, my friends told me that police had gone to the house a few times looking for me.

Although I already am not in England, I am nervous and I do not know what to do.

 

My doubts are the following:

 

1. What should I do after this?

2. Do I have to pay a fine (It seems it would be RLP - Retail Loss Prevention)?

3. Having my email address, Why have not police made contact with me?

4. What I did is reason to arrest me?

5. What would be the period of limitation?

6. I anticipate going to England in the future. Can police catch me in airport passport control?. I mean, What I did is a reason to be in the "blacklist" of passports?.

 

I know what I have done is bad and I will never do it again.

I feel embarrassed.

 

 

Please, help me with my doubts, I am really worried with this situation.

 

Thank you very much.

Edited March 4, 2015 by cuco

[silverfox1961]

Hi and welcome to CAG

 

My reading of your post (you hired surf kit and never returned) is a criminal matter. The surf shop (in my opinion) would not be affiliated with Retail Loss Prevention (but happy to be proved wrong)

 

As I said, this is purely a criminal matter and as such could lead to your arrest, either via a European Arrest warrant but I doubt that as the value of the goods may not be that high however, there may be a notice to arrest you should you come back to the UK.

 

What happened to the surf kit?

[cuco]

I am really scared with your answer.

If so, I guess I never should come back to England.

 

 

The surf kit could value about 500 pounds.

 

 

I left it in the house where I stayed.

 

 

Are you a lawyer?

 

 

Could I have problems in airport passport control?.

 

 

I have the understanding that developing a judicial procedure is also complex and expensive,

even more than it would cost surfing equipment, so it is not worth develop it.

 

 

Is this right?

 

Thank you for your help

Edited March 4, 2015 by cuco

[aburobert]

Why not contact the shop/company you had the goods on hire from and offer to repay them?

 

 

If you do not have enough to pay all at once offer installments of as much as you can afford.

 

 

At the same time you should apologise profusely for the problems you have caused.

 

 

If you can get a repayment plan of some sort agreed I doubt if the police would be interested in prosecuting you

- and if you were taken to court a judge would look very favourably on your attempts to right the wrong you have done.

[silverfox1961]

No, not a lawyer. No-one on CAG is. We are just concerned citizens who try to help without being (too) judgmental.

 

I assume that as you left the stuff behind, the police would have returned them to their rightful owner. So, I would think that the police would still treat it as theft and deal with it accordingly.

 

What can you do? The shop owner would have reported the theft to the police and as such has the power to unreport it however, the police can continue any investigation on their own 'in the public interest'. Whether that would happen, I don't know.

 

You could try and appeal to the owners better nature and offer compensation for his loss (the time he couldn't hire out the kit) and see if he would be prepared to drop the charges but I wouldn't hold my breath.

 

I am going to ask my colleagues for some input as my knowledge of the UK legal system is a little sparing.

 

edit: I have changed the title of this thread to reflect the issue better.

[cuco]

I am sorry if you are annoyed for asking if you are a lawyer, I did not mean to.

I'm afraid to contact the owner. I could provide him valuable information or investigation could be restarted. Police didn't return the surf kit because they couldn't find it.

[unclebulgaria67]

If you left the surfing kit in the house where you were staying, why did your friend not give it to the Police when they came to the house ?

 

Have you asked your friends what happened to the surfing kit ?

[AndyOrch]

That day, I went back to Spain, so I had just enough time to give back the surf kit and I decided not to give back

[cuco]

aburobert That could be a good idea. But I am really scared of contacting the company. I dont know, maybe you are right and I should do it

[silverfox1961]

I am sorry if you are annoyed for asking if you are a lawyer, I did not mean to.

I'm afraid to contact the owner. I could provide him valuable information or investigation could be restarted. Police didn't return the surf kit because they couldn't find it.

 

As you were the hirer, you are ultimately responsible for it no matter what happened to it after you left although it sounds like your ex friends had a hand in removing it.

 

Hang on for someone to pop in. I have asked for more assistance for you.

 

You didn't annoy me. Things written on the net lack emotion. It was just a statement of fact so don't worry. I have a thick skin anyway.

[cuco]

unclebulgaria67 Because my friends were scared. They thought that they could be in a trouble if they give it to the Police.

Edited March 4, 2015 by cuco

[cuco]

Ok. I really appreciate all the help you are giving me.

[ssparks2003]

I agree with the other comments you have recived, why not do the decent thing and contract the owner like a mature adult, appoligise for your mistake and ask him/her how much the replacement items were and pay them back.

[silverfox1961]

This gets more complicated bu the post

 

Does the surf kit still exist? Do you know where it is? Do your friends know where it is. Sorry for the questions but we need a clearer picture.

[unclebulgaria67]

unclebulgaria67 Because my friend were scared. They thought that they could be in a trouble if they give it to the Police.

 

I don't think a UK court can convict a non UK resident in their absence for an offence such as this, without having arrested you first. Because it was a theft, they would have needed to arrest you and go through a due process, so you had a chance of a defence in a court.

 

If they had your Spanish details, they would have passed them to the Spanish Police by now, as I think they have some liason unit within the Police to pass details between UK and other EU countries.

 

If the surf shop did not have your Spanish passport or your full name/Spanish address, then I expect the Police went back to the Surf shop saying that they could not trace you and there was nothing they could do. It would be up to the Surf shop to claim off their Insurance and to be more careful in future.

[ScarletPimpernel]

I do not think RLP are likely to become involved with this. Clearly a report has been made to the police, who have treated it as theft, which is a criminal matter. You have not only deprived the owner of the equipment of the kit itself, but also the rental income he'd have had since you should have returned it. Since you left the country, and didn't bother to contact the owner or arrange for someone to return the kit, the police have no reason to believe that you did not intend to permanently deprive the owner of his equipment.

 

I am not sure why you think that the police or owner should contact you - you need to take responsibility for your actions, and deal with the consequences.. I think you should do the right thing, and either arrange for the kit to be returned at once, or contact the owner and arrange to pay to replace the kit and compensate him for the lost income.

 

Even if you do this, you could still be arrested if you return to the UK - returning stolen property is a mitigating factor but doesn't change the fact that a crime was committed. However, I think it would be reasonable to ask the owner to withdraw the police complaint if compensated, and I think the police would be unlikely to take it further if that was the case.

[cuco]

silverfox1961:Yes, it does. I dont know where it is exactly. I guess my friends know it (actually they are not my friend. There was just a friend of mine, but he returned to spain some months ago and he is not currently there. The other people are just known for me).

Edited March 4, 2015 by cuco

[cuco]

mystake sorry. dont read this coment

Edited March 4, 2015 by cuco
mystake

[cuco]

I don't think a UK court can convict a non UK resident in their absence for an offence such as this, without having arrested you first. Because it was a theft, they would have needed to arrest you and go through a due process, so you had a chance of a defence in a court.

 

If they had your Spanish details, they would have passed them to the Spanish Police by now, as I think they have some liason unit within the Police to pass details between UK and other EU countries.

 

If the surf shop did not have your Spanish passport or your full name/Spanish address, then I expect the Police went back to the Surf shop saying that they could not trace you and there was nothing they could do. It would be up to the Surf shop to claim off their Insurance and to be more careful in future.

 

 

If as you said "the surf shop did not have your Spanish passport or your full name/Spanish address, then I expect the Police went back to the Surf shop saying that they could not trace you and there was nothing they could do. It would be up to the Surf shop to claim off their Insurance and to be more careful in future" I would be "saved"? I mean, police would have stopped looking for me and my problem would be over?

Thank you

[dx100uk]

I would expect this happens all the time.

 

 

the police would have just wanted it back if poss.

 

 

give it back

end of the matter.

 

 

don't think you have anything to worry about.

 

 

dx

[cuco]

I do not think RLP are likely to become involved with this. Clearly a report has been made to the police, who have treated it as theft, which is a criminal matter. You have not only deprived the owner of the equipment of the kit itself, but also the rental income he'd have had since you should have returned it. Since you left the country, and didn't bother to contact the owner or arrange for someone to return the kit, the police have no reason to believe that you did not intend to permanently deprive the owner of his equipment.

 

I am not sure why you think that the police or owner should contact you - you need to take responsibility for your actions, and deal with the consequences.. I think you should do the right thing, and either arrange for the kit to be returned at once, or contact the owner and arrange to pay to replace the kit and compensate him for the lost income.

 

Even if you do this, you could still be arrested if you return to the UK - returning stolen property is a mitigating factor but doesn't change the fact that a crime was committed. However, I think it would be reasonable to ask the owner to withdraw the police complaint if compensated, and I think the police would be unlikely to take it further if that was the case.

 

 

I think police or owner should contact me because they can. They have my email address and I guess they should contact me to order me give back the kit, threaten or something like that.

Do you think I could be arrested in th airport passport control?

[ScarletPimpernel]

I think police or owner should contact me because they can. They have my email address and I guess they should contact me to order me give back the kit, threaten or something like that.

Do you think I could be arrested in th airport passport control?

 

 

 

This whole matter is YOUR responsibility; YOU failed to return the hired kit in accordance with the agreement YOU entered into. YOU are the person who committed a criminal offence.

 

You really do need to stop making excuses and expecting others to do things because you can't be bothered, and take responsibility for your actions.

 

Yes, it is possible that you could be arrested if you return to the UK.

[cuco]

ScarletPimpernel: Yes I know. I want to fix all this and solve my doubts. The point is how.

Dont you think that airport passport control is for things more serious (like killers, drugs, rapers or things like that)? If that is possible, then I guess I should never return to UK.

[ssparks2003]

Cuco, various members of this thread have already advised you what to do,

 

CONTACT SHOP

APPLOGISE

OFFER TO PAY REPLACEMENT COSTS

PAY ACTUAL REPLACEMENT COSTS

 

And then move on with your life,

[GrumpyToSayTheLeast]

The site has advised what is the best course(in their minds) for you to proceed.

Facts:

YOU stole multiple items.

YOU have deprived the store of their rental income.

YOU know what shop you bought it from and can contact them.

YOU or your friends "probably" know where the stolen kit is and could return it if you could be bothered.

YOU have commited an offence.

YOU need to do the following.

YOU need to contact the shop and offer to return the good, but if they have been gone for a long period of time of stored imporperly, they may be of no value to the shop any longer as may be out of date/damaged at whoch point you would have to pay for the gear and loss of income. If the shops insurance has paid out, this will allow him to pay back the insurance to reduce his premiums as they WILL have gone up now if he has claimed.

YOU need to then offer to settle the matter by way of payment to the shop owner. You can ask for an email confirming that he will take it no further if you pay him back.

YOU need to do all this.

 

As said before me though, even then that may not stop the police pursuing you and good luck to them IMHO.

 

This wont "go away". If you step foot back in the uk, you might not be hunted down, but if your name comes up in a random stop and you are wanted on suspicion of theft, then you will be detained.

 

And yes, passport control is for people like drug dealers, rapers, killers, THIEVES and anybody else that commits criminal offences like you have as well as a whole host of other things down to petty little things. I bet you would be a tad bit more annoyed if it was you that the shop stole £500 off? Would you like to see the shop punished? yes, i bet you would and would be crying out for someone to do something.

 

Grrrr really grumpy now.