Tigger.ufo
Lady Penelope
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...and would your dads insurance actually cover it while you are using it, or would you not be telling the whole truth if you claimed?
....just asking....
Heather
Tips to loan equipment to another person?
- Thread starter badboy1984
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...and would your dads insurance actually cover it while you are using it, or would you not be telling the whole truth if you claimed?
....just asking....
Heather
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I have learned from experience not to loan out any photographic equipment , I am still waiting after 2 years for a supposedly reputable individual ( who has plenty of money to spend on self gratifying luxury items )to replace 2 1D4 bodies ,
200 f2 , 400 f2.8 and 500 f4 lens they borrowed and apparently mislaid , the person was supposed to insure them for the period he borrowed them , but decided not to .
It seems I will just have to write them off as a learning experience .
200 f2 , 400 f2.8 and 500 f4 lens they borrowed and apparently mislaid , the person was supposed to insure them for the period he borrowed them , but decided not to .
It seems I will just have to write them off as a learning experience .
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Small claims court?
Sorry but why have you waited two years? You're being taken for an idiot.
Two weeks and you should be round there repo'ing goods.
Besides, that's just plain theft. You didn't call the police?
Almost want to say bull...
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LongLensPhotography
Th..th..that's all folks!
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I have to side with this, at least in the UK. It's a court case, and it silly not to. In fact it was silly to loan that much gear (why the heck 3 big L primes in one go?). I guess that is 'disposable' if you get the annual banker's bonus
Where's the line?
If someone (a stranger) asked to borrow my phone to make a call and then ran off with it, pretty sure the police would look at it as theft. (Not that I'd let a stranger borrow my phone, but that's not the point.)
Besides, I'm pretty sure 99% of people would have either had it taken to court and finished with, or gone round their house with a few friends and persuaded the gentleman to return the gear or cash to the value of.
It has nothing to do with how rich you are. It's a matter of whether you like getting taken for a 'mug' or not.
LongLensPhotography
Th..th..that's all folks!
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I wouldn't have left it at that for 2 years either. But, Andrew said the guy he leant it to reported to have 'mislaid' the items, which I take to mean lost. Not run away with them - for it to be pursued as theft, there would need to be an ability to prove an intention to permanently deprive the owner of their items. Loss isn't that - rather different if it was found they'd been sold etc.
From the small statement made, it wouldn't be reportable as theft, so unless he tells more of the story and says otherwise, how about not turning the thread into multiple pages of nonsense based on assumptions.
From the small statement made, it wouldn't be reportable as theft, so unless he tells more of the story and says otherwise, how about not turning the thread into multiple pages of nonsense based on assumptions.
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If he's mislaid them he's permanently deprived the owner of said items. Yes I know there needs to be intent. But do you really think a story as flimsy as "I mislaid them" would stand up to any form of scrutiny?
LongLensPhotography
Th..th..that's all folks!
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Mislaid was the last of the many excuses , the said persons lawyer gave to my lawyer , there has been the "I gave the equipment to someone else to return to the owner " ,"I sent it by courier they must have lost it" and many others .
I am more inclined to think the said person wanted it for himself , he has been seen using very similar kit since , which his equipment supplier who I also use says he never purchased from them , unfortunately if he does still have it , it has not been on his premises when people have gone on my behalf to try and uplift it .
The police won't take a complaint as they state it is a civil matter , the small claims tribunal say the value of the equipment exceeds the level they deal with , lawyers have cost me a fortune , and the person who borrowed it has consistantly refused to communicate.
I have heard from several people that the person who borrowed my equipment thinks he can do what he likes due to his "reputation " circle of friends and wealth.
Although I cannot afford to replace the equipment , I also cannot afford prolonged legal bill , so it is more prudent to write it off as making a bad decision .
In future I will not loan anyone anything more than a memory card , and only in the case of a struggling photog with talent and no spare cash , in which case I would give them a couple of card rather than loaning them to them .
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Set the camera up to back button focussing and let her have a 'go' to see if she can 'handle' the complexities of the camera. That way, after she's tried for half an hour and not got any 'in focus' shots she will probably decide that she wouldn't want to take it if she can't use it.
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I think I probably have more experience in this area than everyone else on the forum put together. And my experience is that about 99% of people DO look after it.
But accidents can happen even to the most careful people. So make sure it's insured, make sure the borrower understands (and can meet) her liability in the event of an uninsured incident, and don't worry about it.
Amen.
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And with Stewart's answer, I vote the thread gets locked by the admins and we all go and have a cup of tea, a beer or a glass of wine - whichever's your preference!
Can't help but feel it's going round in circles with no definitive answer for the OP!
Can't help but feel it's going round in circles with no definitive answer for the OP!
no need for the thread to be locked though as someone else may have other info to add.
Regardless of whether its right or not I think that would be many people's first course of action.
Besides, a crime has been committed.
I know it's not identical, but as a former British colony there will be some parallels. I'd be surprised if it was massively different in relation to this subject.
Also appropriation, (in part) is assuming the rights of the owner. Which has happened here.
I'm making a educated guess. Besides no one else seemed to be related specifically to NZ law. It became a debate on theft by borrowing in general.
But seeing as you ask, from the New Zealand police website.
More than happy to accept that if you tell me why.
I was going on what I read from a quick glance at the Theft Act.
odd jim
Flimsiest Lambresta
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No, an agreed loan between parties is not dishonest appropriation. You can read case law on that, there is legal precident.
Also, it would be near on impossible to prove intent to *permanently* deprive. He could give it all back tomorrow.
It's simple - someone goes into a newsagent and hides a Mars bar in their pocket. They go out without paying. They then eat it. All elements present and correct. Theft. The hiding and taking out without paying, dishonest appropriation. Eating it, permanently depriving.
Loaning someone doesn't come near, An agreement between two parties, permission given to take away gear. No dishonest appropriation despite what has since happened. It ends there!
The NZ act is based on the UK one, most of their laws originate from UK statute, which is why so many uk cops transfer out there!
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Reflected on this in the shower and begrudgingly agree you wouldn't get anywhere with criminal. I get a bit heated when the law fails to help in matters like this.
My original point though is why hasn't any resolution been found. Civil or criminal.