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Civil or Criminal

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  • Civil or Criminal

    Hi, We rent out mobility scooters by the hour and have done for a few years, recently we did this for a customer on a 3 hour basis to be brought back at the end of the 3 hours, it was not returned and the customer is not answering the phone, we do have there name and address but do not how to proceed, would this come under civil or criminal law, Thanks.
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  • #2
    If the customer has given false details and intends to deprive you of the mobility scooter permanently then it would be theft.
    If they are the correct details and the mobility scooter hirer has failed to return, due to misunderstanding, accident etc then it would be civil.
    How long ago is recently ?

    Have you visited the address ? or taken any steps to check it is genuine ?

    And do you have terms in your hire agreement about late return ?
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    • #3
      I take it that it's been a couple of days now? If you are unaware of an accident or the person being taken ill, I think you can reasonably ask the police to investigate.


      • #4
        Hi, Thanks for the comments, yes a few days now, but have had contact and they have said it has been stolen from out side there house, I can't understand why they didn't phone us or police, wear does this leave me. Thanks.


        • #5
          Originally posted by Mandz66 View Post
          Hi, Thanks for the comments, yes a few days now, but have had contact and they have said it has been stolen from out side there house, I can't understand why they didn't phone us or police, wear does this leave me. Thanks.
          What does the hire agreement say about this? Are you insured?

          By the way, I suppose you do believe their story?

          Edit: I suppose the reason for their delay in contacting you might be that they were dreading telling you, and they don't have any money to pay you?


          • #6
            Hi, The agreement states it had to be back within the stated time, we are insured but without even the means of a crime ref number I don't know how this will end, with regards to belief / I just don't know.


            • #7
              If it's been confirmed as stolen, then you will need to contact the police and get a CRN. This will be a necessity for any insurance claim also.

              As it will now be a police matter, it's going to be up to them to investigate things. They will contact the person who rented the scooter for their version of events.


              • #8
                A formal letter to the hirers demanding recompense for the loss might be a first step to see where the land lies. It might just suddenly appear.

                Isthis a hiring for shopping operation? Why was it at their home?


                • #9
                  As AnotherLevel says ....

                  Making an insurance claim is not free of cost. There's usually a policy excess, and the premiums will probably go up after you have claimed. You would need to work out the secondhand value of the scooter and think about whether it's worth claiming.

                  You probably have a claim against the hirer. The trouble is that you might win that, then find they have no money, so you can't collect anything. Or you get tiny instalments.


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