Ok so here is my current dilemma -
I went on a date with this guy- first date, and he seems like a great guy, personality,good job, nice car, the whole nine
I left my cell in his car - didn't realize until halfway home when it was too late
So I aim him and make arrangements for him to drop it off the next day, since he was coming this way anyway
The next day comes, no show
I use my roommates phone to call him, no answer on three occasions, no returning text.
Finally, one in the a.m. my roomie gets a text from him saying that he's so sorry, we wouldn't believe what happened - said he'd drop the phone off today
Called him today, no answer
Plus a lot of my daytime minutes have been used, I checked online
I need my phone back and I'm not sure what the deal is
Any advice?

Oh yeah, a little background - we were supposed to go on a date before the other night, I ended up not contacting him, and didn't call him till the next day when I told him that something crazy had happened to me that's why I didn't call - just seems funny that he has pretty much the same story I gave him

Sounds like he's trying to spite you. Phone him and tell him if he doesn't return the phone within 24 hours you will phone the police and report him for stealing it

I doubt the police will get involved in this dispute, they will consider it a civil matter since you left the phone in his car.

You need to call your service provider and have the phone shut off.

Once he can no longer use it, he will probably be more inclined to return it.

phone the police and report him for stealing it
The police here do not get involved in stuff like this especially when YOU KNOW who has it.

That's pretty lame, really lame actually... I'd call the service provider and have the service suspended and then make arrangements to get it back asap, and then tell him to screw off haha

Have police trace his calls make him pay for it, then wave bye bye to klepto date.

OK he finally sent a random i.m. saying he had to return to work - 4hrs away and sent the phone from the hospital he worked at in the mail
I mean a phone call wouldve been nice, and I don't live that far away that he couldn't have dropped it off
guess our date didn't go as well as I thought

Have police trace his calls make him pay for it, then wave bye bye to klepto date.
Like we stated already the police will not get involved.

It's one thing for the date to go badly... it's another thing to not return the phone you left.

I mean, even in extreme cases, if a girl left her phone in my car, I'd think, "wow, she must be desperate to want to see me again." but even then, I'd STILL give the phone back.. . yowza. Jerk.

(ps - this is for nohelp... you should call the police (just kidding, don't. They won't do jack))

It wasn't intentional, I swear- I mean, it was a great date and all but I'm certainly not that desperate. I just hope it arrives soon.

Like we stated already the police will not get involved.

Why not? I left my thing and the place owner don't want to return it and using up my minutes??

Well, in the end, it's "she said, he said" and no offense, but the police... have better things to do with their time than to deal with a case that ends up being a few dollars... right?

She should have gone to police at the day the guy refused to return the cellphone and they will trace his calls. It's their job to help if someone is asking for help.Also call the telephone company and cut the line.

Not sure how things are in Manila, but in the states, the cops... won't waste time "tracing" someone's calls unless it's of somewhat importance. Tracing a call costs time and money... and by her actually LEAVING it in someone's car, it becomes a "he said, she said" situation where she could just as easily be trying to "track her ex boyfriend" or anything of the sort. Tracing the calls only apply to relatively serious cases.

But yes, cut the line... works.

Hey,
I actually think that he stole it cause it pretty much satisfies the three elements of stealing 1)taking or converting 2) property of another 3)with fraudulent intent. Therefore this is a 'criminal' not civil matter and you should definitely contact the police and have him pay back all the money he wasted. Just in case though call your service provider and have them cancel your account.

You can do better then him :p

Good luck!
Xx

Not sure how things are in Manila, but in the states, the cops...won't waste time "tracing" someone's calls unless it's of somewhat importance. Tracing a call costs time and money...and by her actually LEAVING it in someone's car, it becomes a "he said, she said" situation where she could just as easily be trying to "track her ex boyfriend" or anything of the sort. Tracing the calls only apply to relatively serious cases.

But yes, cut the line...works.

Good point. But he is still guilty of stealing and he can easily be charged and that's what he deserves.

But she left it in the car... who can prove that he stole it?

but she left it in the car...who can prove that he stole it?
Hmmmmm I'm not sure... but the law states three elements must be fulfilled right? And well here they are in more detail:

1)Taking and converting-means physical movement of the thing. Converting means dealing with the property in a way that is inconsistent with the rights of the owner. i.e. using her mobile and wasting her money.

2)Property of another person- this means that the property in question can be moveable or capable of being made moveable. i.e. her mobile phone is moveable right?

3)fraudulent intent- must accompany the taking or converting. The most fraudulent is to permanently deprive the owner of the thing (i.e. not returning the phone and thus permanatly depriving her of it) Another fraudulent intent is to deal with it in such a manner that it cannot be returned in the same condition in which it was at the time of the taking and converting. ( so if he damages it, which I doubt he did)

So yeah that's Australian law and I doubt its any different in the USA because stealing is just so common and is usually dealt with like that.


Xx

But... what's to say she didn't leave it?

If she did leave it... then it's owner's neglect.

But...what's to say she didn't leave it?

if she did leave it...then it's owner's neglect.


Yeah but he physically moved it, used it (it's not his) wasted her money... and because of that I think he's guilty of a crime.

However I do see your point because she does owe a duty of care and she has breached it and damage has occurred ( to herself). But the fact that he is using it makes him guilty of a crime more then her because she can defend herself by saying it was an'MISTAKE OF FACT '

MISTAKE OF FACT (s24) is a defence used in cases and I'm sure she didn't leave it there on purpose.basically it means honest and reaonable but mistaken belief in the existence of any state of things bla bla... basically the court goes through this process and discovers that it was an honest mistake ( I believe she didn't leave it there on purpose so it was) and yeahh..

But I doubt the onus of proof will be on her I bet he will be the one that has to prove to the court he didn't steal it .


Newais I'm off to get a shower but interesting talking to you!


Xx

Who's to say she didn't actually use the minutes herself?

He moved it, because it was in his car. If anyone left their shirt in my apartment, and I moved it, and even wore it... that's not constituted as theft.

Not only that, the police won't waste time and money investigating such a crime, nor will any court take the time to see it.

Small claims court might entertain such a case depending on the amount of usage, but what a waste of time it would be imo

who's to say she didn't actually use the minutes herself?

he moved it, because it was in his car. If anyone left their shirt in my apartment, and I moved it, and even wore it...that's not constituted as theft.

Not only that, the police won't waste time and money investigating such a crime, nor will any court take the time to see it.


Well she didn't use the minutes herself as it was not in her possession. But no point trying to prove anything to you, you obviously won't give in. Have it your way if you wish but he in fact is guilty of stealing if you ask me and the whole taking and converting part of the law you must have misinterpreted anyway I choose not spend anymore time on this topic .some people do not understand law terms and principles. That's fine. I see a lot of precdent cases etc. as I do this at school and also a part-time university course (so I'm guaranteed entry to university after year 12)

Maybe you should consult a legal professional or even a cop and I positive they will give you the same answer as me. What you post on the internet is up to you.

Stilll no phone... will let all of you know

Depending on the cop or cop(s) sometime they'll get involved. When my friend left her iPod at her friend house, he didn't want to give it back to her. She went to his house but still he refuse. She called the cops and after they talked to him, he gave it back. Sometimes it depends on the personality of the cops, if they were nasty they would not have got involve. Sometimes people leave things somewhere by mistake but it's unfair for the person to keep it.

Also, it looks like you won't be getting your phone back. Have you reported it lost/stolen with your carrier? You might have to get a new. I hope you had insurance.

I got my phone back! I imed him and he claimed that he felt so bad he just avoided me. My phone was here local the entire time, even though he's 4 hrs away! I picked it up and that was that, although I told him he shouldve talked to me instead of avoiding me.

Honey, he ain't returning the phone. He's stalling you so he can get what is between your girlfriends' legs. Contact your phone service and cut the phone service & the plan.