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What would you do?


creed

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My mate lost his board end of the summer last year on a downwinder when the wind dropped off about half a mile out!

 

The board has been listed on Ebay, There's some damage that is the same as his and that only he would know about. It's also located in the area where it was lost. The seller has wrote in the description that they know nothing about kitesurfing or the board.

 

My mate has contacted the police but they will not help as it was never reported missing. I can see two options.... 1) Message him and explain, hopefully resolve the situation. But there is a risk of the seller removing the listing if they are not genuine. 2) Win the bid, collect in person and resolve that way??

 

The seller could be totally genuine I.E someone gave it to him as a way of payment etc.

 

What would you do in this situation?

 

Cheers

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Don't eBay have a dispute service? I thought you could report this kind of thing to them...as potentially 'found' lost property. No point accusing the seller of theft but they should not be selling found items without taking normal steps to prove that they own them. You might find that they're pretty reasonable and a reward would be welcome... How much feedback do the sellers have as that will tell you whether or not they're normally straight. If they have very few the likelihood is they're not and won't give a monkeys about heir reputation on eBay?

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I say if the dude lost his board a couple of months ago, didn't report it stolen, someone found it and is now selling it. Its now there's.

 

Buy it back.

 

You could post up a question saying that's you lost board and your willing to pay a "reduced" finders fee to them. they might go for that.

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Their feedback is really good, which leads me to believe it could be genuine.

 

I did read of a similar situation where the person selling a stolen board was originally given it as a form of payment for some decorating they done. I agree that it could be totally innocent but it's a risk to make contact just in case it isn't and they remove the listing. As you say though their feedback says a lot.

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I say if the dude lost his board a couple of months ago, didn't report it stolen, someone found it and is now selling it. Its now there's.

 

Buy it back.

 

You could post up a question saying that's you lost board and your willing to pay a "reduced" finders fee to them. they might go for that.

 

I agree to a degree but the board also has a sea I-D label with his details on. They could have contacted him when it was found.

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I've been in the same situation - I contacted the bloke and at first he claimed it was 'salvage' and then offered to sell it to me... Long story short I put him in touch with the authorities who explained that:

 

1. a kiteboard found at sea is not 'SALVAGE' because it is not a vessel that would support your weight (there might be some argument in the case of a large windsurf board - but defo NOT a kiteboard)

 

2. a kiteboard is not 'FLOTSAM' because it has not come from a wreck

 

3. a kiteboard found at sea is classed as 'LOST PROPERTY' and as such the finder is obliged by law to report it / hand it in to the nearest police station - where if it is not claimed within a certain period - it then becomes their property.

 

If you need to confirm or refer anyone to the accuracy of this - speak to a charming young lady called Sophie Exelby 02380 329 474 who is the 'Receiver of Wrecks' for the UK."

 

I got the board back and as a thank you we agreed on me making a donation to the RNLI :)

 

A month later I snapped it in half when i f***ed up a kiteloop :(

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Yeah, the maritime salvage laws did pop into my head, but even then people can charge a "reasonable" fee for their time recovering and storing things, which could easily add up to the cost of buying it back, even if it was covered. Reporting it lost in the first place is a good idea, and you should absolutely report it as lost to the coastguard so they don't waste time searching for a non-existent "lost kitesurfer" when somebody spots it bobbing about.

 

Sounds like the law is probably on the side of the guy who found/has it, unless you can make things awkward for him with regard to not handing it to the police as lost property. Frankly, I think in this case you're going to have to take the hit and see if you can get it back reasonably cheaply.

 

I'm one of the "no leash" brigade, but it does make sense to have something you can clip the board to if you end up having to do a deep-water-packdown.

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this happend to me lost my board it came up on ebay 18 months later still with the same spot of red gloss on from my van and a big ding where i slammed my car boot on it i emailed him these facts with no reply 3 more emails the last one saying i will ring the police saying its theft by finding

just because you find somthing dont make it yours thats the law unless he reported it and the police gave it him back because it was never claimed only then he had the right to sell i also said i am willing to give a reward of £30 which was well worth getting my beloved board back

finally he replied saying ok i did find it come and get it when i got there he had cleaned the red gloss off probably because he didnt want to give me my board back in the first place

i lost it once before and this women found it handed it in to the cop shop 4 weeks later they gave her back the board when she noticed my mobile number i had written on in marker slightly faint but enough to read (shows how much notice the police take and i reported it ) she gave me a bell said come get it i tried to give her £20 for a drink she said no am just glad you got it back amazing women :)

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If you find something and you honestly believe that you can't find the owner though reasonable means then you do not commit theft if you keep it. Whether or not somebody else agrees with you is irrelevant, what matters is your honest belief that you can't find the owner. There is no obligation to take it to the police.

 

You would have a hard time claiming this defence if the item in question has the owners details on it!!

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Update: A question was asked on the listing to which the seller responded, they also updated the listing description with board sizing. So the seller seems proactive as far as Ebay is concerned. My mate has PM'd him this morning through ebay explaining the situation and offered a finders fee. There has yet to be any response.

 

I totally appreciate everything that has been suggested/disgust. He has nothing to loose by trying to get it back as he said good bye to the board when he lost it.

 

It's good to hear the above stories.

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