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Offline DaleSchultz  
#51 Posted : 01 April 2018 23:20:29(UTC)
DaleSchultz

United States   
Joined: 10/02/2006(UTC)
Posts: 3,997
I bet your fingerprints are on the insides of them. Ask if they will investigate that.
Dale
Intellibox + own software, K-Track
My current layout: https://cabin-layout.mixmox.com
Arrival and Departure signs: https://remotesign.mixmox.com
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Offline baggio  
#52 Posted : 01 April 2018 23:32:44(UTC)
baggio

Canada   
Joined: 21/09/2012(UTC)
Posts: 1,729
Location: Toronto
Originally Posted by: alan Go to Quoted Post
if you want to bid open a second ebay account or get a friend to bid for you


Excellent idea.

Also, if this guy has a good number of locos that are yours, the "coincidence" may be a powerful asset to you.

Problem is, too many cops like to to do nothing if at all possible. Angry

Offline mvd71  
#53 Posted : 02 April 2018 12:13:31(UTC)
mvd71

New Zealand   
Joined: 09/08/2008(UTC)
Posts: 1,731
Location: Auckland,
Items such as the loco modified to operate from a wagon with a pick up shoe is evidence of ownership as these items become unique in a way only you can identify.

I would suggest the same as others have with another eBay account and see if the seller allows pick ups.....

If the seller is truely innocent he will bend over backwards to try to help you find the criminal, if not then he is either the criminal or at least well aware he has received stolen goods (which is a criminal offence), and these bastards need to be nailed!
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Offline RayF  
#54 Posted : 02 April 2018 12:36:07(UTC)
RayF

Gibraltar   
Joined: 14/03/2005(UTC)
Posts: 15,840
Location: Gibraltar, Europe
All this should be done through the police of course. You won't get your property back if you try to take the law in your own hands.
Ray
Mostly Marklin.Selection of different eras and European railways
Small C track layout, control by MS2, 100+ trains but run 4-5 at a time.
Offline Thewolf  
#55 Posted : 02 April 2018 13:30:09(UTC)
Thewolf

Canada   
Joined: 08/09/2015(UTC)
Posts: 2,035
Location: Saint Mathias dur Richelieu-Canada
Originally Posted by: baggio Go to Quoted Post
Originally Posted by: alan Go to Quoted Post
if you want to bid open a second ebay account or get a friend to bid for you



Problem is, too many cops like to to do nothing if at all possible. Angry



Oups Blink

It only involves you
Project The Richelieu Valley Railway-CS2-Track C- Itrain-Digital
Offline mike c  
#56 Posted : 02 April 2018 17:42:01(UTC)
mike c

Canada   
Joined: 28/11/2007(UTC)
Posts: 7,899
Location: Montreal, QC
I would contact ebay and report the goods as suspect. Provide the information to support that the seller is listing stolen goods. For police action and to recover the models, you will need receipts or possibly photos of unique models that can be easily identified. If you can prove one item, you can get the seller suspended and perhaps get the authorities to act.

The law states clearly that not knowing that goods were stolen is not an excuse and that the seller can be charged with possessing stolen goods if you can prove that one item was yours.
You might also want to discuss this with your insurance company, as they might have more weight with the authorities.

Good luck

Mike C
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Offline hxmiesa  
#57 Posted : 03 April 2018 18:00:54(UTC)
hxmiesa

Spain   
Joined: 15/12/2005(UTC)
Posts: 3,520
Location: Spain
This whole story sucks big time.
It seems to me that the police doesnt (want to) do anything.
Maybe you need a lawyer. -If the value of the collection warrant that...
Best regards
Henrik Hoexbroe ("The Dane In Spain")
http://hoexbroe.tripod.com
Offline ocram63_uk  
#58 Posted : 07 April 2018 10:14:56(UTC)
ocram63_uk

United Kingdom   
Joined: 07/01/2015(UTC)
Posts: 704
Location: England, Suffolk
LAST and FINAL UPDATE

spoke to the Police the other day and they said that there is not enough evidence to chase the ebay seller.

They understand what I'm telling them about how I modified my models but it is not enough proof that the models are effectively mine, reasonable doubt they called it, as everything that goes to court has to stand with evidence and proof in front of a judge.

I found a video on my backup system of one of the locos that I converted, and that is for sale, but it is too late now.
I also found the pictures of the conversion of the 3077 that was sold last week and that I couldn't buy.

They have done what they could at the beginning of the whole story and they can't do anything more to reopen the case.

Who knows how many I will manage to bring home today ?!?!

Have a lovely week end

Marco



Offline river6109  
#59 Posted : 07 April 2018 13:42:35(UTC)
river6109

Australia   
Joined: 22/01/2009(UTC)
Posts: 14,728
Location: On 1965 Märklin Boulevard just around from Roco Square
Marco, I'm sorry to hear that, its the thief that gets away ans I'm sure they are aware of it what the law can and not can do.

the alleged ebay seller is either receiving stolen goods or he is the thief himself. I would have thought the police at least give him a visit and saying to him they have suspicion this ebay seller is receiving stolen goods and they could have a look around.

I'm disappointed they didn't take this further, I understand it wouldn't stand up in court but at least give this person a wake up call so he may stops buying stolen goods on the other hand If I would have received stolen goods I at least would have the decency to either tell him who sold it to me or make an arrangement for the owner to recoup his losses by mentioning how much I've paid for.

John
https://www.youtube.com/river6109
https://www.youtube.com/6109river
5 years in Destruction mode
50 years in Repairing mode
Offline baggio  
#60 Posted : 07 April 2018 14:28:05(UTC)
baggio

Canada   
Joined: 21/09/2012(UTC)
Posts: 1,729
Location: Toronto
Why don't you SUE him in Small Claims Court?

The burden of proof in civil cases is on a balance of probabilities.

At the very least he will have to show how he acquired the locos. If the locos were stolen, I am positive he cannot get good title to them, so as to be able to resell them,UNLESS he can show he is blameless under the circumstances or otherwise acted in good faith.

Look up the law on this point in England on "Innocent Purchaser Without Notice".

Send this guy a note telling him NOT to sell the locos and that legal action is pending.

Do NOT accuse him of theft. Just that the locos he has in HIS possession are YOURS and are being sold without your consent.

If they are sold, you will get the names of the purchasers.

GET E-Bay on board.

DO NOT GIVE UP WITHOUT A FIGHT, MARCO!
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Offline baggio  
#61 Posted : 07 April 2018 14:41:48(UTC)
baggio

Canada   
Joined: 21/09/2012(UTC)
Posts: 1,729
Location: Toronto
By the way, this guy NOW has notice of the thefts and should have co-operated with you. A good judge would take THAT into account in determining CREDIBILITY and his GOOD FAITH or lack of it.

In Canada we have CanLII to look up law. There must be a similar service in England.

CanLII
Online GlennM  
#62 Posted : 07 April 2018 15:03:03(UTC)
GlennM

United Kingdom   
Joined: 09/05/2011(UTC)
Posts: 2,886
Location: Somewhere, But Nowhere Near Manchester, England
Originally Posted by: river6109 Go to Quoted Post
Marco, I'm sorry to hear that, its the thief that gets away ans I'm sure they are aware of it what the law can and not can do.

the alleged ebay seller is either receiving stolen goods or he is the thief himself. I would have thought the police at least give him a visit and saying to him they have suspicion this ebay seller is receiving stolen goods and they could have a look around.

I'm disappointed they didn't take this further, I understand it wouldn't stand up in court but at least give this person a wake up call so he may stops buying stolen goods on the other hand If I would have received stolen goods I at least would have the decency to either tell him who sold it to me or make an arrangement for the owner to recoup his losses by mentioning how much I've paid for.

John


John sadly the Police in the UK have little or no interest in petty crime such as robbery, they are only interested if you drive in excess of speed limit, use your phone behind the wheel or have no road tax. Its actually quite poor. I know of many occasions where they simply fail to attend or simply do nothing. Yet if they catch you on CCTV they will prosecute. It's now the UK Police Farce.

A couple of years ago there was a story in the local paper of a retired gentleman not too far away from my house who's shed was being robbed for the third time in a year and he called the police and said they were robbing him and they said sorry there are no Police in the area.

He replied well that's okay I will just get my shotgun and deal with them, and within 5 minutes there were 3 police cars at his house, one with an armed response team.

To cap it all he was fined for wasting police time because he did not actually have a shotgun.
Don't look back, your not heading that way.
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Offline PhillipL  
#63 Posted : 07 April 2018 15:21:06(UTC)
PhillipL

United States   
Joined: 24/12/2012(UTC)
Posts: 123
I am so sorry you had this happen. The fact that the police refuse to assist you is horrible. I am willing to bet that the thief will eventually mess up and get caught doing another crime. While I don't have any valuable models, many bring back fond memories and I know I would be very upset if they were stolen.
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Offline ocram63_uk  
#64 Posted : 07 April 2018 17:07:43(UTC)
ocram63_uk

United Kingdom   
Joined: 07/01/2015(UTC)
Posts: 704
Location: England, Suffolk
the 'positive' thing is that this time I managed to re-buy, 4, my locos at his auction.
Some were too expensive for me to re-buy.

I'd like to see the faces of the buyers of the engines I did not win. How are going to use them as they have been altered by me and do not work neither in CC nor AC out of the box anymore LOL LOL LOL I'm sorry for them.

This guy does not accept returns as well !!!

Marco
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Offline MalinAC  
#65 Posted : 07 April 2018 18:59:36(UTC)
MalinAC

Ireland   
Joined: 29/05/2014(UTC)
Posts: 839
Location: DONEGAL, CARNDONAGH
I dont know why you should have to buy back stolen items. Can you not get on to your local MP and get him or her to put pressure on the police to do something. Thats what your paying taxes for Eddie
Offline DaleSchultz  
#66 Posted : 07 April 2018 19:14:15(UTC)
DaleSchultz

United States   
Joined: 10/02/2006(UTC)
Posts: 3,997
how about looking at who the buyers are and contacting them explaining they bought stolen property?
Dale
Intellibox + own software, K-Track
My current layout: https://cabin-layout.mixmox.com
Arrival and Departure signs: https://remotesign.mixmox.com
Offline DaleSchultz  
#67 Posted : 07 April 2018 19:16:24(UTC)
DaleSchultz

United States   
Joined: 10/02/2006(UTC)
Posts: 3,997
in the USA mail fraud laws are very strict (its what they used to nail mafia a few times)

I wonder if he mailed an item to the USA if that would make him ran afoul of the US mail fraud rules.... the fraud is that he knowingly mailed stelne items for his own gain.
Dale
Intellibox + own software, K-Track
My current layout: https://cabin-layout.mixmox.com
Arrival and Departure signs: https://remotesign.mixmox.com
Offline baggio  
#68 Posted : 07 April 2018 19:35:21(UTC)
baggio

Canada   
Joined: 21/09/2012(UTC)
Posts: 1,729
Location: Toronto
Originally Posted by: RayF Go to Quoted Post
All this should be done through the police of course. You won't get your property back if you try to take the law in your own hands.


The answer is to sue in Small Claims Court. The police are too often unhelpful.
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Offline AmalfiCoast  
#69 Posted : 08 April 2018 01:08:45(UTC)
AmalfiCoast

United States   
Joined: 04/11/2016(UTC)
Posts: 153
Location: Maryland, South Laurel
I'm not saying I am in a position to do this right now but if you are set on purchasing your items back, maybe members could purchase them for you and you pay them back. This might be a solution to him blocking you from bidding on your own items.

David
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Offline baggio  
#70 Posted : 08 April 2018 01:41:23(UTC)
baggio

Canada   
Joined: 21/09/2012(UTC)
Posts: 1,729
Location: Toronto
Originally Posted by: AmalfiCoast Go to Quoted Post
I'm not saying I am in a position to do this right now but if you are set on purchasing your items back, maybe members could purchase them for you and you pay them back. This might be a solution to him blocking you from bidding on your own items.

David


One could also bid and then say that since title to the goods is challenged, before going ahead one wants proof of good title to them. A bit underhanded perhaps, but may help. E-bay may not like it, but they seem to be washing their hands of the matter and they should not!

Offline mike c  
#71 Posted : 09 April 2018 04:43:20(UTC)
mike c

Canada   
Joined: 28/11/2007(UTC)
Posts: 7,899
Location: Montreal, QC
One last time, if you are signed in to ebay, you have the option to report an auction to ebay. I would think that reporting the goods as stolen and if you can prove one item belonged to you, you should be able to have the seller taken off ebay. I think that ebay would do anything to avoid being accused of being complicit in the sale of stolen or potentially stolen goods.

Regards

Mike C
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Offline Carim  
#72 Posted : 09 April 2018 10:10:48(UTC)
Carim

United Kingdom   
Joined: 15/09/2014(UTC)
Posts: 653
Location: London
Originally Posted by: mike c Go to Quoted Post
..... if you can prove one item belonged to you....


I think that this is the problem. You may know the item is yours but can you prove it in a court of law? So ulness you have marked the trains with say your postal code, the other guy could argue that it may be similar but they are not the same item; and, at least in the UK, the courts are going to give that guy the benefit of the doubt.

Just another reason why the police here don't chase thieves that actively - still, it really sucks if you are the victim!

Carim
Offline DaleSchultz  
#73 Posted : 09 April 2018 14:37:16(UTC)
DaleSchultz

United States   
Joined: 10/02/2006(UTC)
Posts: 3,997
but one needs help in making the proof. His fingerprints are on the inside of these items. Perhaps the items that have been rebought should not be opened, left sealed and have the police open them and compare the fingerprints to the original owner. If his finger prints appear inside these wrapped packages and the item matches an item previously reported as stolen, it should be a good proof.
Dale
Intellibox + own software, K-Track
My current layout: https://cabin-layout.mixmox.com
Arrival and Departure signs: https://remotesign.mixmox.com
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Offline ocram63_uk  
#74 Posted : 14 April 2018 23:01:36(UTC)
ocram63_uk

United Kingdom   
Joined: 07/01/2015(UTC)
Posts: 704
Location: England, Suffolk
The items I have re-bought have finally arrived. All Rivarossi, to be precise.
I opened the boxes using latex gloves in order to not leave my fingerprints.

One of the Rivarossi locos is mine. I found the pictures of the adapting work I did on it so it could work on 3 rails instead of 2.
Another one, Rivarossi too, has been adapted to run on Marklin tracks. I have a video of this too.

I did this by using a Marklin freight car as a means of powering the loco's engine with a conducting coupler. This freight car was modified by me, I bought way back in September from the same guy and I have the photos of this alteration too.

Where were these photos ? On a HD that I rarely use!!!

Now I wonder and ask you guys, living in UK, which is the probability that:
1) a UK modeler buys Marklin;
2) a UK modeler that buys Marklin also buys Rivarossi, Roco etc. etc.;
3) a UK modeler converts 2 rail locos to run on Marklin tracks instead of buying factory built ones directly;

I will get back to the Police with this new info, but they have already told me that "you might not be the only one to do this kind of things".

I've been told that to get fingerprints analysed costs thousand of pounds. Who's going to pay for this?

Anyway, I believe this is a lost battle. I will try again with the Police and see what happens.
At least I got my locos back BigGrin and this time I'm going to mark them really well
Good night
Marco
Offline baggio  
#75 Posted : 14 April 2018 23:10:57(UTC)
baggio

Canada   
Joined: 21/09/2012(UTC)
Posts: 1,729
Location: Toronto
Originally Posted by: ocram63_uk Go to Quoted Post
I've been told that to get fingerprints analysed costs thousand of pounds. Who's going to pay for this?


YOU, to begin with. If the value of the locos is much lower than the cost of the expert evidence, you are not going to get that much back, even if you win the court case.

However, I doubt it would cost thousands of pounds to do get a legal forensic report. A few hundred, I would thing.

Did you get ALL of your locos by buying them back? How much did you spend? If so, that is your loss, in the absence of punitive damages or damages for your being emotionally upset (which you may not get).

Have a good Sunday, Marco and everyone. BigGrin

Offline ocram63_uk  
#76 Posted : 14 April 2018 23:28:52(UTC)
ocram63_uk

United Kingdom   
Joined: 07/01/2015(UTC)
Posts: 704
Location: England, Suffolk
I've just been on the guy's shop. More Marklin locos for sale !!!!
I know they are mine. I do not believe in coincidences anymore.
All I have to do is put my hands on them and open them!!!! I'll buy them back that is for sure.

Baggio, although I have a nice job I can't spend money for forensic analysis.
Nor can I risk to start a legal battle with ebay and this guy if I do not have 100% proof.

Good night
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Offline baggio  
#77 Posted : 14 April 2018 23:30:37(UTC)
baggio

Canada   
Joined: 21/09/2012(UTC)
Posts: 1,729
Location: Toronto
Originally Posted by: ocram63_uk Go to Quoted Post
Baggio, although I have a nice job


Sorry, I misread your post.

No point in going to court if it's not worth it. Enjoy your trains instead (and your stereo, if you enjoy that hobby).

Realistic-STA-76-AM-FM-Stereo-Receiver.jpg
Offline ocram63_uk  
#78 Posted : 14 April 2018 23:37:55(UTC)
ocram63_uk

United Kingdom   
Joined: 07/01/2015(UTC)
Posts: 704
Location: England, Suffolk
if I tell you then .... well you know what happens next? everybody wants my job hahaha
Offline baggio  
#79 Posted : 14 April 2018 23:43:05(UTC)
baggio

Canada   
Joined: 21/09/2012(UTC)
Posts: 1,729
Location: Toronto
Originally Posted by: ocram63_uk Go to Quoted Post
if I tell you then .... well you know what happens next? everybody wants my job hahaha


You mean you are an ... undertaker? LOL LOL LOL LOL

Offline cookee_nz  
#80 Posted : 15 April 2018 09:59:15(UTC)
cookee_nz

New Zealand   
Joined: 31/12/2010(UTC)
Posts: 3,955
Location: Paremata, Wellington
Originally Posted by: ocram63_uk Go to Quoted Post
I've just been on the guy's shop. More Marklin locos for sale !!!!
I know they are mine. I do not believe in coincidences anymore.
All I have to do is put my hands on them and open them!!!! I'll buy them back that is for sure.

Baggio, although I have a nice job I can't spend money for forensic analysis.
Nor can I risk to start a legal battle with ebay and this guy if I do not have 100% proof.

Good night


I'm sure I am not the only one frustrated by this thread, and what appears to be complete disinterest and inaction by the Police.

No way would I be giving up on this without a decent fight.

You can easily counter the Police comment about other people doing this type of work by agreeing that yes, others certainly could do that kind of work, but no one could do it the exact way YOU do, with your own technique as evidence, plus the photos you have etc.

Perhaps this has been covered previously in the thread but did you have contents insurance?, if so, shouldn't your Insurance Company be working with the Police?

Failing that, perhaps you should be escalating within the Police to a higher level, perhaps the station Senior Sergeant or Area Commander?

Or indeed, why not your local MP?, let them bring some Parliamentary weight down on it - although it might seem petty to them, a crime is a crime, and where's there's one, there's usually more, and I think the Police should be interested in the wider picture. As they say, the squeaky wheel gets the oil. Hopefully you have documented every contact you have had with the Police, date and time, who you spoke with and what was said because that may prove invaluable in supporting your case of inaction/disinterest.

And ask them straight up, what can you do to assist them in investigating it further? Actually, I would even suggest you get this in writing. Summarise what you have done so far in terms of Police contact, and write to the highest level you can and simply ask them, what they would now do in your position. You're a Tax/Rate Payer, you are fully entitled to have your complaint taken seriously.

Have you actually told the shop that the items they are selling are stolen goods, belonging to you and that you can prove it?

I would have thought most reputable retailers faced with this would bend over backwards to exonerate themselves from any suspicion and if they are trading in second-hands items, shouldn't they have a second-hand dealers licence, and a requirement to maintain records of all purchases along with satisfactory ID of the person they purchased from?

I'm sure there has been a previous request here to name the other party involved, particularly if it's a retail shop or ebay trader, if nothing else to protect other members here from purchasing any of the suspect items from them.

Regards

Steve
Cookee
Wellington
NZ image
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Offline ocram63_uk  
#81 Posted : 15 April 2018 10:40:40(UTC)
ocram63_uk

United Kingdom   
Joined: 07/01/2015(UTC)
Posts: 704
Location: England, Suffolk
Hi Steve,
I did not have content insurance, nor the friend I was keeping my stuff at. He's been burgled again, BTW, last week but as this place is in the country side and not attached to the house they found out the following morning.

I've written the Police again. Let us see what they say. Again this guy told them he buys stuff at a car boot sale near Norwich, so they can't go any further on this.

Bannig the guy from ebay means that items will be removed and probably, lost for ever. This involves money in legal fees and court time, probably, money I do not have. I can't go publicly with the seller's name as it can be considered slander and it could hit me back many times over.

I have placed the locos on the programming track, identical address as the ones I gave them. Coincidence? For the Police they are.

I have to wait for the police to come back to me, if not I'll call them back.

Anyway I'm now playing with the engines and it is a nice feeling :-)

I know it looks like I'm giving up but I have to deal with 'reality', I will try to buy them back so the damage will be less than losing them for ever.

Have a nice day.
Marco
Offline Rwill  
#82 Posted : 15 April 2018 11:10:34(UTC)
Rwill

United Kingdom   
Joined: 04/05/2015(UTC)
Posts: 777
Location: England, London
I have on two occasions bought from this seller Marklin track on eBay. On both occasions I gave him a five-star rating. He has been there for 10years and has 100% feedback.

I have every sympathy for the Op, however pick up the following points:

There was no contents insurance in place at the time of the theft

There was no detailed inventory made of the goods

The goods were in store at his mates outhouse not his own home
The seller says he brought the things at a boot sale. Do we not all occasionally wander round boot sales, garage sales and swap meets dreaming of finding under the table a scruffy cardboard box full of Marklin treasure. People (in the UK at least) have extreme views on Marklin – they have either read in the paper of the scruffy tin plate station that went at auction for 14grand so think everything is worth that or don’t know what to do with it and sell it very cheaply. You may ask the seller for its history and be happy that it was “his dads”. Do we ask for the sellers name and address, receipts for the items – do we heck we pass over the dosh before he works out why we are smiling. So we buy these things in good faith and probably never see the seller again.

When buying on eBay do we query the heritage of the items for sale?


Unfortunately, I am not surprised by the reaction of the police – they have scarce resources and must surely prioritise the way they use them.
I am not sure what my own reaction would be if someone claimed that an item I bought in good faith on eBay some time ago was in fact theirs – could they have it please – tough on what you spent oh and they cant really prove it.

The seller may surely say he has acted in good faith and has not himself knowingly committed a crime – the same surely applies to items in the collection that have been bought by others.

We should all learn some lessons from this case but the notion of voices from across the world rising up and shouting “hang him at the very least” will not actually achieve much. For a lot of us our hobby depends on being able to pick second hand items at a reasonable price

I don’t expect you all to agree with me!
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Offline ocram63_uk  
#83 Posted : 15 April 2018 11:16:52(UTC)
ocram63_uk

United Kingdom   
Joined: 07/01/2015(UTC)
Posts: 704
Location: England, Suffolk
and this is why I will try to buy them back as long as the price doesn't exceed what I paid them originally BigGrin
Can't go to the guy and say they are mine too, based on which evidence? Apart for the ones I have pictures of? I consider him the 'man in the middle'
Offline cookee_nz  
#84 Posted : 15 April 2018 12:20:18(UTC)
cookee_nz

New Zealand   
Joined: 31/12/2010(UTC)
Posts: 3,955
Location: Paremata, Wellington
Originally Posted by: ocram63_uk Go to Quoted Post
and this is why I will try to buy them back as long as the price doesn't exceed what I paid them originally BigGrin
Can't go to the guy and say they are mine too, based on which evidence? Apart for the ones I have pictures of? I consider him the 'man in the middle'


Understood, but just curious, do you get the feeling that the seller gives a rats (to your own plight)?

He is on notice that the items are stolen property, of that there appears to be little doubt (eg you've managed to convince many here). Have you asked him if he is willing to sell you back any item you determine to be yours at whatever they cost him (plus perhaps a 'handling bonus') as a sign of goodwill?

Other responses indicate he is a fair and reasonable trader - and that may be so.

But I would also counter that if he is buying/trading at car-boot sales, he surely has to accept some responsibility that what he is buying may not be all it seems, especially if he intends (as appears to be the case), to on-sell, for a profit?

I'd be thinking a little self-preservation on his part would be a prudent move. Car-boot sale?, get the Rego of the car boot they are being sold from, and preferably a receipt also with the sellers contact details. After all, the seller is in the game as it were. He will have a fair idea of the value of items like this and you can generally tell from a quick chat whether the car-boot seller knows the origin of them or not. If that all sounded a bit dodgy (or the trader never bothered asking) then it sounds just based on what has come up on this thread that the appeal of a fast-buck may have been clouding his judgement?

Yeah I know this is all easy after the fact, but I also know that if I chanced on a deal that was perhaps too good to be true, and was later approached by someone who was convincing that the items were theirs I'd be wanting to put myself in their shoes.

Do unto others and all that.

Yes it was unwise (or perhaps uneconomic) to not have insurance, and equally unwise to have them stored insecurely with a mate but that does not mean you still can't seek redress.

But as you say, no matter how frustrating and unfair it might all seem, you finally have to weigh up whether you really need the added grief or just move on, lick your wounds and chalk it up to experience.

I'm sure many of us feel for you but I bet you've learned some valuable lessons also Crying

Best

Cookee
Cookee
Wellington
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Online GlennM  
#85 Posted : 15 April 2018 12:49:34(UTC)
GlennM

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Originally Posted by: Rwill Go to Quoted Post
I have on two occasions bought from this seller Marklin track on eBay. On both occasions I gave him a five-star rating. He has been there for 10years and has 100% feedback.




Who is the seller?
Don't look back, your not heading that way.
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Offline Rwill  
#86 Posted : 15 April 2018 13:14:23(UTC)
Rwill

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Joined: 04/05/2015(UTC)
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Location: England, London
Originally Posted by: GlennM Go to Quoted Post
Originally Posted by: Rwill Go to Quoted Post
I have on two occasions bought from this seller Marklin track on eBay. On both occasions I gave him a five-star rating. He has been there for 10years and has 100% feedback.




Who is the seller?


I dont think my making this public will at this stage help the OP ( I have confirmed to him by PM whom I believe it to be). If not the members then the many lurker visitors to this forum would take the information try and get a good deal on the remaining items that are still for sale and in doing so just push up the price to the OP. It actually doesnt take Sherlock to find this info!

THe eBay conundrum is weird. I have never seen it discussed but I guess 10% or more of the goods on eBay are of dubious origin. I needed an office chair to loll at the computer for hours on end and I broke the one I had. I am a bit of a lump and £100 Viking supplies chairs last about three months. I saw a very nice Herman Muerller Chair in John Lewis £595 but I wanted to stay married a while longer. So the same thing appears on eBay best offer £140 accepted, the thing really is in perfect condition and not as far as I can tell a fake. THe seller "kindly" agreed to meet me at a half way motorway service station to take my "cash" and hand over the item. He looked the part from central casting. But at the end of the day -Willing buyer, willing seller. I don't know if it is being discussed on the office chair sellers forum or there is some poor sole sitting the kitchen stool at their computer but I am comfy and don't feel in the slightest guilty and I'm not telling you who this seller was either -I may need another chair for the railway room.
Offline kiwiAlan  
#87 Posted : 15 April 2018 14:58:32(UTC)
kiwiAlan

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Posts: 8,109
Location: ENGLAND, Didcot
Originally Posted by: Rwill Go to Quoted Post

The seller may surely say he has acted in good faith and has not himself knowingly committed a crime – the same surely applies to items in the collection that have been bought by others.


Once he has been told that the goods are stolen this is not a defence to continue selling them. When he is informed of the status of the items he is then knowingly dealing in stolen goods, however he obtained them.

At the least the police should be seizing them pending investigation to ascertain ownership.

Offline river6109  
#88 Posted : 15 April 2018 16:04:28(UTC)
river6109

Australia   
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Location: On 1965 Märklin Boulevard just around from Roco Square
I would contact a television or radio station, I'm sure they will be willing to shed some light on it, may be the police will than act upon.

John
https://www.youtube.com/river6109
https://www.youtube.com/6109river
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Offline DaleSchultz  
#89 Posted : 15 April 2018 16:46:14(UTC)
DaleSchultz

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if you do do anything with fingerprints, pass on the unopened packages. Do not open in your own home. Any defence lawyer will quickly say that you put your fingerprints on it after it arrived. You can't rely on your word against them. ("I used gloves")

Dale
Intellibox + own software, K-Track
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Offline Minok  
#90 Posted : 16 April 2018 21:16:39(UTC)
Minok

United States   
Joined: 15/10/2006(UTC)
Posts: 2,311
Location: Washington, Pacific Northwest
In a country where you cannot shoot the robbers when they enter your house, and would even go to prison for stabbing the robbers, the only option really is to make your home a fortress they cannot get into.
I can imagine property crime like this is pretty rampant in the UK.
Toys of tin and wood rule!
---
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Offline baggio  
#91 Posted : 16 April 2018 21:25:15(UTC)
baggio

Canada   
Joined: 21/09/2012(UTC)
Posts: 1,729
Location: Toronto
"I can imagine property crime like this is pretty rampant in the UK."

It is everywhere, unfortunately.

(By the way, I doubt you can shoot would-be robbers in the USA, too. Don't try it: you can bet the bad guys know how to shoot better than you.)

BigGrin
Offline Minok  
#92 Posted : 16 April 2018 22:02:16(UTC)
Minok

United States   
Joined: 15/10/2006(UTC)
Posts: 2,311
Location: Washington, Pacific Northwest
Originally Posted by: baggio Go to Quoted Post
"I can imagine property crime like this is pretty rampant in the UK."

It is everywhere, unfortunately.

(By the way, I doubt you can shoot would-be robbers in the USA, too. Don't try it: you can bet the bad guys know how to shoot better than you.)

BigGrin


In the US, depending on the state, if they break in to your home, you can shoot them if you fear for your own safety/life or that of your family.
And I would bet I can shoot better than almost any burglar that breaks in.
Toys of tin and wood rule!
---
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Offline baggio  
#93 Posted : 16 April 2018 22:07:53(UTC)
baggio

Canada   
Joined: 21/09/2012(UTC)
Posts: 1,729
Location: Toronto
Originally Posted by: Minok Go to Quoted Post
In the US, depending on the state, if they break in to your home, you can shoot them if you fear for your own safety/life or that of your family.
And I would bet I can shoot better than almost any burglar that breaks in.


That sounds more like a facet of self defece. You cannot therefore see a burglar in your home and start shooting.

As for your ability with guns, I'll take your word for it. Just remember that there is always someone out there faster or better than you. Think of the Old West. BigGrin
Offline Minok  
#94 Posted : 16 April 2018 22:24:15(UTC)
Minok

United States   
Joined: 15/10/2006(UTC)
Posts: 2,311
Location: Washington, Pacific Northwest
Originally Posted by: baggio Go to Quoted Post
Originally Posted by: Minok Go to Quoted Post
In the US, depending on the state, if they break in to your home, you can shoot them if you fear for your own safety/life or that of your family.
And I would bet I can shoot better than almost any burglar that breaks in.


That sounds more like a facet of self defece. You cannot therefore see a burglar in your home and start shooting.

As for your ability with guns, I'll take your word for it. Just remember that there is always someone out there faster or better than you. Think of the Old West. BigGrin


True, but I am not under any obligation to turn on the light and interview the home intruder as to the nature of their uninvited intrusion and what they intend. I'm in my home, they broke in, I'm not sure what their intentions are but as they forcibly broke in, I now fear for my safety.
Remember, in the US the police are shooting people for carrying a golf club.
Toys of tin and wood rule!
---
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Offline baggio  
#95 Posted : 16 April 2018 22:29:21(UTC)
baggio

Canada   
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Location: Toronto
Originally Posted by: Minok Go to Quoted Post
Remember, in the US the police are shooting people for carrying a golf club.


I would love to reply to this, but I think we should go back to trains.... ThumpUp

(Incidentally, did you know that trains and stereos go very well together, like two peas in a pod? BigGrin BigGrin BigGrin )

Realistic-STA-76-AM-FM-Stereo-Receiver.jpg
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Offline river6109  
#96 Posted : 17 April 2018 01:33:30(UTC)
river6109

Australia   
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Location: On 1965 Märklin Boulevard just around from Roco Square
Originally Posted by: Minok Go to Quoted Post
Originally Posted by: baggio Go to Quoted Post
Originally Posted by: Minok Go to Quoted Post
In the US, depending on the state, if they break in to your home, you can shoot them if you fear for your own safety/life or that of your family.
And I would bet I can shoot better than almost any burglar that breaks in.


That sounds more like a facet of self defece. You cannot therefore see a burglar in your home and start shooting.

As for your ability with guns, I'll take your word for it. Just remember that there is always someone out there faster or better than you. Think of the Old West. BigGrin


True, but I am not under any obligation to turn on the light and interview the home intruder as to the nature of their uninvited intrusion and what they intend. I'm in my home, they broke in, I'm not sure what their intentions are but as they forcibly broke in, I now fear for my safety.
Remember, in the US the police are shooting people for carrying a golf club.


it must be difficult to choose the right revolver or gun or if you have 2 burglars you may have to use your K16 automatic weapon ?

you would think having the right to shoot a burglar, burglars are a thing of the past.


https://www.youtube.com/river6109
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5 years in Destruction mode
50 years in Repairing mode
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Offline Minok  
#97 Posted : 17 April 2018 01:46:18(UTC)
Minok

United States   
Joined: 15/10/2006(UTC)
Posts: 2,311
Location: Washington, Pacific Northwest
Originally Posted by: river6109 Go to Quoted Post
Originally Posted by: Minok Go to Quoted Post
Originally Posted by: baggio Go to Quoted Post
Originally Posted by: Minok Go to Quoted Post
In the US, depending on the state, if they break in to your home, you can shoot them if you fear for your own safety/life or that of your family.
And I would bet I can shoot better than almost any burglar that breaks in.


That sounds more like a facet of self defece. You cannot therefore see a burglar in your home and start shooting.

As for your ability with guns, I'll take your word for it. Just remember that there is always someone out there faster or better than you. Think of the Old West. BigGrin


True, but I am not under any obligation to turn on the light and interview the home intruder as to the nature of their uninvited intrusion and what they intend. I'm in my home, they broke in, I'm not sure what their intentions are but as they forcibly broke in, I now fear for my safety.
Remember, in the US the police are shooting people for carrying a golf club.


it must be difficult to choose the right revolver or gun or if you have 2 burglars you may have to use your K16 automatic weapon ?

you would think having the right to shoot a burglar, burglars are a thing of the past.




We probably should continue this in a not-railway thread for sure. In the US it depends on the state - some places such as New York or California it may well be that you must retreat in even in your own home. In most states, I suspect, it is the case that a single 13 round magazine in a Sig Sauer 9mm loaded with hollow-point rounds is more than enough even with two burglars as the rest will run away I suspect, when the first shot is fired. You would think burglary are a thing of that past -but many times they break in during the day while people are at work, for the very reason that it reduces the chance of them encountering a resident and the resulting problems for the burglar. And often burglars are stupid (here) looking for quick cash to feed drug habits - reason and good sense doesn't flow through their brains.

https://www.cnn.com/2017...home-burglary/index.html
Toys of tin and wood rule!
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Offline river6109  
#98 Posted : 17 April 2018 05:52:44(UTC)
river6109

Australia   
Joined: 22/01/2009(UTC)
Posts: 14,728
Location: On 1965 Märklin Boulevard just around from Roco Square
Minok wrote:

And often burglars are stupid (here) looking for quick cash to feed drug habits - reason and good sense doesn't flow through their brains.

this is what I thought
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Offline mike c  
#99 Posted : 17 April 2018 06:30:52(UTC)
mike c

Canada   
Joined: 28/11/2007(UTC)
Posts: 7,899
Location: Montreal, QC
Getting back to the matter at hand:

https://en.wikipedia.org...ki/Handling_stolen_goods
https://www.legislation.gov.uk/ukpga/1968/60

It is clear that the law prohibits the possession or sale of stolen goods. Where the police may have difficulty in pursuing such a case is in proving that the items belong to you.
1) Do you have bill of sale for the goods in question?
2) Do you have bill of sale for any goods used to modify the goods that might serve to identify them?
3) Do you have any photos of the items, their boxes and perhaps of any modifications or work done to them?
4) Do you have proof of theft? (Police Report, Photos, Insurance Claim, etc)?

You may get some assistance from your insurance company as a resolution of the matter might enable them to recover some of the money issued under any claim from the suspect

You may be able to get some assistance from the police if you can get it to a higher level, especially if you can submit items 1 through 4 in support

Even if the police say that there is insufficient proof to charge the person with the crime of theft, they may still be liable for handling stolen goods, as the goods were in their possession.
In other words, you can't prove that this person is the one who committed the theft, but they either bought or otherwise came into possession of said goods, which is a crime in itself and may require them to forfeit the goods.
The fact that you advised them that the goods were likely stolen and that your concerns were dismissed suggests that they may have knowledge that this was the case.

Ebay will not want to have itself seen as being a medium for the resale of stolen or otherwise purloined goods. Each auction that you suspect may contain one of your items should be reported to ebay using the mechanism available. This may prevent the seller from listing these items and may facilitate some kind of resolution.

If you try hard enough, you can actually get through to a person at ebay and discuss the situation with them. Start with the contact us option at the bottom of each page or file a dispute on an item that you wish to challenge and then use the escalation mechanism until you can get through to a person at the appropriate department.

For recent items purchased using a credit card, you may have some kind of purchase protection and they may be able to provide some kind of coverage of the loss of those items.

You may want to generally discuss this matter with a barrister before proceding.

If you would like some advice on possible security measures that you can undertake for future protection, please feel free to send me a PM.

Regards

Mike C
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Offline evillarreal  
#100 Posted : 17 April 2018 19:23:44(UTC)
evillarreal

Bolivia   
Joined: 02/06/2016(UTC)
Posts: 8
Location: La Paz, La Paz
Hi Marco,
I'm so sorry to read such news
I hope you'll get everything back and also put those behind the bars.
Best wishes.
Enrique
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