False Accusations
Author
Discussion

velocefica

Original Poster:

4,727 posts

138 months

Saturday 19th September 2015
quotequote all
Not me but for my elderly father.

He inherited an instrument from his late brother (my uncle) who owned it from the early 1980's and as he doesn't play he decided it was time to sell it on and so listed it on eBay and gumtree with accurate description and detailed photographs.

Last week he received a email from a guy on eBay which claimed he owned the instrument 39 years ago and it was stolen from him 18 years ago. My father replied that his brother had owned it for nearly 35 years and that he was clearly mistaken.

Messages started off ok

"hi how long have you owned this?
I used to own this instrument.
Had to play it differently.
I lost this instrument 18 years ago from a pub in *place name*.
My father bought it for me 39 years ago in *place name*
I would like to have this instrument again.
Could you give me a ring on *phone number*

Thanks,


The instrument was then sold privately to a guy on gumtree but despite messages telling him this the guy is again messaging wanting to know if he has proof of ownership. He is basically insisting it is his despite my father not owning it anymore. He sent my father his number asking to have a 'chat'. Then today my father has told me that the guy has bought one of my fathers other cheaper eBay items to get his email address and again has sent several messages.

"I wrote to you regarding the instrument that you had for sale on eBay.
I mentioned to you that I am nearly certain that I owned this particular instrument and it
was stolen from me about 18 years ago. there
Are a few very distinct scratches and marks
On it that I recognised as I new this instrument like the back of my hand.

I am writing to you out of Intrest and I am in no way accusing you of taking it as I am sure you probably purchased in good faith probably many years ago.
I was just hoping to find out how you came to have it or from where you bought it. This instrument was of great sentimental value to me and I was very keen to buy it form you but all I was hoping was to see it first before I bought it.
Please don't be offended by my writing. if you still have it I would sincerely like to but it from you.
I would be deeply grateful if you could please get in touch with me."



My father is no longer the owner of the instrument and my uncle owned it for 35 years but this guy seems unable to take heed of the messages.. My father is in his 70's and is therefore slightly concerned having never been in trouble with the law.

I'm near sure this guy is trying to pull some kind of stunt by which he would turn up at my fathers house with the plod.

Not quite sure how to handle it. Whether to ignore any further messages or tell him straight that if he contacts my father again i'll be passing all further communication over to the local police station.

If it was me being accused i'd probably just tell them straight.








Edited by velocefica on Saturday 19th September 01:12


Edited by velocefica on Saturday 19th September 01:14

anonymous-user

84 months

Saturday 19th September 2015
quotequote all
Tell him you sold it. Ask the gumtree buyer if he can pass the details. If so pass them if not tell him you sold it, and won't enter into any further correspondence.

I really can't see how he can prove any of this claims.

Red Devil

13,527 posts

238 months

Saturday 19th September 2015
quotequote all
^^This^^

The guy is either a fruitloop (if your father no longer owns the instrument this guy can't buy it off him, can he?) or a chancer (although how he is going to make anything stick escapes me).

He claims his father bought the instrument for him in 1976 and it went missing in 1997, yet your uncle appears to have owned it from 1980 until he died when it was inherited by your father. Unless your uncle acquired it much later than he is said to have done then it's an utter crock of scensorede.

I believe the expression is 'he who asserts must prove'. I suspect that the pesterer is going to have hard time doing so. I doubt he can be certain that it is even the same instrument. Does he have paperwork to back up his ownership claim? He also needs to make up his mind whether he lost (as in mislaid) it or it was actually stolen. If the latter, does he have a crime reference number? His story has as many holes as a Swiss cheese.

I would tell him politely once, and only once, more that he is mistaken (given the time discrepancy) and to refrain from further contact. Block his phone number and don't reply to e-mails. Keep them all though in case his future course of conduct could be deemed harrassment.

ShaunTheSheep

951 posts

185 months

Saturday 19th September 2015
quotequote all
What if the new owner gives it back - believing it's genuinely stolen. Does that person then have a claim against your old man?

anonymous-user

84 months

Saturday 19th September 2015
quotequote all
Your father would have either had to have has some involvement with the theft or know or believed it to be stolen. If he didn't and doesn't, there's no issue from a criminal point of view.

As above, I'd consider telling the person claiming it is theirs, that it is now sold and no more assistance can be offered.


EskimoArapaho

5,135 posts

165 months

Saturday 19th September 2015
quotequote all
What sort of instrument? This happens quite often with vintage guitars. Miscreants would linger outside a pub/club at closing time and help themselves to some gear or even the whole Transit van. And as some guitars can be worth well over £100,000 the arguments are significant. Someone out there has Clapton's 'Beano' Les Paul, and if/when it comes on the market it will be spotted very quickly. Not sure that Clapton could/would try to recover it though.

Establishing ownership after all this time for undocumented 'ordinary' guitars would be tricky. And it doesn't help that some guitarists' memories are dusty (or alco/drug impaired), confuddled with guitars that have come/gone, or been borrowed/lent/given away over the years.

In your father's shoes, I'd just politely repeat the known family history, say it's since been sold, and that you wish the guy luck in finding his instrument.

TooMany2cvs

29,008 posts

156 months

Saturday 19th September 2015
quotequote all
Is it really feasible that somebody could absolutely positively identify THIS particular instrument as THEIR particular instrument, after not seeing it for nearly two decades, from the photos in an online ad?

Is this instrument so unique in some way? Can they actually produce the slightest evidence to back their story up?

ruggedscotty

5,998 posts

239 months

Sunday 20th September 2015
quotequote all
there is a faint sniff of a scam here.....

Person you sold it to may be in on this with the other guy -

A has the instrument.

B claims is was his and stolen from him

C buys said instrument from A

C returns instrument to B

C comes after A and demands refund for the item.

B and C split the differnece and walk away with cash and instrument.

Vaud

59,747 posts

185 months

Sunday 20th September 2015
quotequote all
The chances of someone who lost an instrument 39 years ago to be scanning eBay in the narrow window of an auction... Slim to non existent.

Ilovetwiglets

698 posts

198 months

Sunday 20th September 2015
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How much did it sell for? If it wasn't a lot then I'd be inclined to believe he genuinely thinks it is his.

EskimoArapaho

5,135 posts

165 months

Sunday 20th September 2015
quotequote all
TooMany2cvs said:
Is it really feasible that somebody could absolutely positively identify THIS particular instrument as THEIR particular instrument, after not seeing it for nearly two decades, from the photos in an online ad
Yes. Musicians develop a genuine affinity for some of their instruments, and will know every flaw. If it got marked very distinctively during the victim's ownership, it would be very easy to spot.

And, the chances that the OP's father can be sure it's the same instrument that was in his brother's ownership continuously are not high. He doesn't play, and, speaking about guitars, most people think that every sunburst Strat looks the same as every other. So the brother could have swapped guitars and the OP's dad wouldn't know. For sure, my family have no idea about mine.

I'm only saying that it's feasible, not that the victim has a case that's likely to succeed.

Trif

806 posts

203 months

Sunday 20th September 2015
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Vaud said:
The chances of someone who lost an instrument 39 years ago to be scanning eBay in the narrow window of an auction... Slim to non existent.
You can set up automatic email alerts on Ebay. I have had some going for a few years for very specific items.

bitchstewie

68,126 posts

240 months

Sunday 20th September 2015
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I guess there's a little bit of context here.

£50 old guitar - why would you go to that much trouble to make something up?
£7000 one off $exoticinstrument and maybe I'd be a little more suspicious.

Personally off the way you've worded it my gut is that it's genuine.

Aldos Army

256 posts

220 months

Monday 21st September 2015
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Wonder if a police report was filed all of those years ago? If not then anyone could do that? Your XXX was mine