getting back something I lent

[theycallmemrsboombastic]

Hi and thanks for reading.
I lent a good friend (good at the time) a musical instrument in the good faith that he would return it to me and I had no reason to think he would not return it. well 5 years later and many requests for its return,and he still has it, he has moved so I do not know his address. the only contact I have with him is on facebook, where he puts up photos of him playing the instrument regularly. I have sent messages and public messages (on fb) politely asking him to return it to me however these are just deleted or not replied to.

Is there anything I can do legally? I am guessing not but thought I may as well find out. Is there anything I can do at all? the instrument is not worth a lot of money (£200) but has great sentimental value to me. I know now I should never have lent it but I was talked into lending it as he was desperate for the use of one, and I was not using it at the time, I was assured it would be returned to me soon. Hindsight eh.

If he's intentionally depriving you of your property, it's theft and you could go to the police.

But if he's a friend you probably wouldn't want to do that.

I don't see why you can't sue him for return of it if it was a loan. Monetary loans are repayable on demand if nothing else has been agreed, I would have thought loans of items work in the same way.

do you have no mutual friends at all? know where he works? Know a family member?

are you his 'friend' on facebook - perhaps he has a work colleague on there and you can find out where he works.

You need to tell him that you have asked several times for this instrument that you loaned him to be returned and his failure to respond to you means that you now consider this to be theft and you will be taking appropriate action.

See if he responds to that.

Hi thanks for your replies, no mutual friends and his fb does not say where he works. I am tempted to find out when and where his next gig is and turn up there with a couple of burly mates and try to get it back.

I do not consider him my friend any more! am worried if I do too much via fb he will simply block me. think i will send him that message though, *hectate

Yes. Find out where his gig is and turn up with a load of mates. And your mobile phone ready to call the police if he doesn't turn over your property at once.

He's proven he's not your friend. He thinks he's safe because you don't know where he lives.

Showing up at his gig with a bunch of scary blokes mates would hopefully show him he's wrong.

It's not unreasonable of you to want your property back.

Police won't get involved. It's a civil matter - the tort of conversion. He"ll probably claim it was a gift.

Do you have any proof that the instrument is yours, or that it was lent to him and not given?

Could be very tricky as it could be your word against his, or - as someone else stated - he could say you gave it to him.

Could you try a small claims court. ?

5 years is a long time to make a claim but I don't kow if this is relevant? Any proof it was loaned? After 5 years it may look more like a gift.

It would help if you had a receipt of sale in your name as proof you own the item.

Contact your local scc to see what their terms are and if you have a case.

hi no i have non proof its mine, I bought it back in 1993. it would be hard to prove its mine, all i have is photos of me playing it, which isn't really proof of ownership.
I sent a public message on fb, and he replied to me.(he was cross i had put up a public message! i said its because he had not replied to any private messages) I tried to arrange a courier to collect it but he claims he is 'away'

Longshot....

Are either of you a member of the Musicians Union? If you are maybe they could advise you, if he is maybe you could contact them on your behalf (or they may have contact details for him).

Also, can you remember when and where you bought the instrument and how much it cosy, have any packaging or instructions etc.

HI not members of the union, have told him I will be arranging courier collection in two weeks time, (when he is back) if he is still fannying around I will contact the police.
I bought the bass off the 'mott the hoople' bass player, that's partly why its sentimental! its also really quite rare and unusual. I just never should have lent it out, lesson learned-don't lend anything you wish to get back.