someone smashed my phone will they be dealt with? — Scope | Disability forum
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someone smashed my phone will they be dealt with?

kami24
kami24 Member Posts: 402 Pioneering
so I asked a lady back for the money she had taken from me for a deposit for a puppy she didn't give to me even though 
I paid for it and she grabbed my phone out of my hand and smashed the phone on the ground when i said i will record you, the police came but unsure if they took action and i still have no phone as its totally broken

Comments

  • MarkM88
    MarkM88 Member Posts: 1,836 Pioneering
    Not a nice situation to be in. As for what will happen, it’s hard to say, we’re you insured? Did you get a crime number? 
  • kami24
    kami24 Member Posts: 402 Pioneering
    i got a crime number 
  • kami24
    kami24 Member Posts: 402 Pioneering
  • Emilyb81
    Emilyb81 Member Posts: 528 Pioneering
    To be honest they don't tend to do a lot in these situations  as it's not seen as priority? You will probably have to take the person to small claims court to get the money to replace the phone? Especially since it wasn't insured unfortunately 😔 and I don't know how that all works? I think you get a form from the law courts? 
  • kami24
    kami24 Member Posts: 402 Pioneering
    really?when they did it on purpose and the police took my statement>>>????????????????
  • kami24
    kami24 Member Posts: 402 Pioneering
    i will go to the papers again then or do something as she already owes 170 for the puppy and she owes other people money too
  • Emilyb81
    Emilyb81 Member Posts: 528 Pioneering
    I mean they may do something but it's just not going to be any time soon I wouldn't of thought that's why people end up taking these things to small claims court instead? And they normally tend to give crime numbers out because people get phone replaced from insurance and they need the crime number to do that?
    To be honest you would most likely get the money back for the phone in small claims court because you got police involved etc?
    What did the police tell you to do next hun?? 
  • kami24
    kami24 Member Posts: 402 Pioneering
    i cant afford any court
  • kami24
    kami24 Member Posts: 402 Pioneering
  • Emilyb81
    Emilyb81 Member Posts: 528 Pioneering
    As long as the person broke it on purpose and it was definitely your phone not someone else's and you can prove all that stuff you are likely to win in small claims but I have no idea how quick or slow it all is especially after covid! Maybe best thing would be to go to citizens advice or similar and find out what you can do next if police haven't been helpful? 
  • kami24
    kami24 Member Posts: 402 Pioneering
    im not finding you helpful because she damaged personal property outside on the ground and i should be helped
  • kami24
    kami24 Member Posts: 402 Pioneering
    no idea wat to do and i also dont have my phone
  • Emilyb81
    Emilyb81 Member Posts: 528 Pioneering
    Okey dokey il shut up! Hope you get it sorted hun :smile:
  • Emilyb81
    Emilyb81 Member Posts: 528 Pioneering
    I just want to make sure you know I wasn't saying you shouldn't be helped? I was saying they probably won't do it quickly because in the list of crimes it's not urgent so you may be better off getting legal advice about small claims court? What she did is wrong and it is illegal but the police are so short staffed and over worked its unlikely they will treat it as a priority? It may be a case of you buying a replacement phone and keeping the receipt and claiming the money back from her? Or you may be able to claim court costs from her too? The only way to know is to speak to someone who understands these things like citizens advice? I wasn't trying to be unhelpful hun the opposite actually? Because I've been left 18 months waiting for an outcome from police so I know it can take a while and like you say you need a phone? :smile: I do hope someone can point you in right direction! 
  • lisathomas50
    lisathomas50 Posts: 4,623 Disability Gamechanger
    Get in touch with your phone provider explain what has happened tell them that you have a crime number and see if they can help you are on a contract or pay as you go 
  • [Deleted User]
    [Deleted User] Posts: 0 Listener
    In the UK there tends to be different types of crimes according to the street. Crimes that the police investigate and crimes the police ignore. When it comes to crimes the police do investigate there's another distinction. Crimes which affect solely a citizen with the tax man unaffected, and crimes which affect both a citizen and the tax man. I bet if someone had stolen from a shop, church, or workplace or university and there was no CCTV to provide any footage of the incident, that the police would be more proactive and investigate that. Also because investigating crimes costs time and money (especially money), the police tend to prioritise some crimes and incidents over others.
  • MarkM88
    MarkM88 Member Posts: 1,836 Pioneering
    Even if the police got the CPS to approve a charge and they felt there was enough evidence, it would take forever to go through a court at the moment with the backlog. 

    Alongside this it wouldn’t resolve the actual phone matter because you still wouldn’t have one. 

    Plus the reporting of the broken phone won’t help with the owed £170. 

    That’s why small claims has been mentioned. 
  • Tori_Scope
    Tori_Scope Posts: 6,145

    Scope community team

    Hi @kami24 :) Firstly, I'm sorry that your phone was smashed during the altercation, and that the other individual still owes you money.

    I'd just like to reiterate that it doesn't seem that @Emilyb81 was saying that you shouldn't get action from the police, but rather that this might not happen. 

    I'd echo the advice to perhaps have a chat with Citizens Advice. They have a page on deciding whether it's worth making a small claim here, which could help.

    Did you mention to the police that she owes you money, and that she owes other people money too? 
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  • kami24
    kami24 Member Posts: 402 Pioneering
    so someone just gets away with grabbing someones mobile and smashing it
  • MarkM88
    MarkM88 Member Posts: 1,836 Pioneering
    In terms of the law though, was there witnesses or CCTV? Someone’s word against another’s won’t get the CPS to agree a charge. If there was evidence then even then there is no guarantee the CPS would charge. 

    Then begins the lengthy time of a charge is agreed, even if it goes through the courts yes they might get punished and even told to pay compensation. 

    However this takes time and if they refuse to pay the compensation you would still need to chase that up. 

    In the meantime that doesn’t rectify the no phone situation. 

    In regards to owing you £170 that’s a civil matter not a criminal matter so that would have to be pursued through small claims. 

    It’s not about getting away with it, it’s about using resources effectively. 
  • OverlyAnxious
    OverlyAnxious Member Posts: 1,659 Disability Gamechanger
    kami24 said:
    so someone just gets away with grabbing someones mobile and smashing it
    Yes...because you can't prove what happened, it'll just be your word against hers.  If the police visit her, she'll give a statement that makes it seem like you were at fault.  

    On top of that, she already knows she can get away with stealing money for puppies that she isn't selling...and is probably known to the law anyway.

    Sadly this is a case of 'Buyer Beware'...  :(
  • kami24
    kami24 Member Posts: 402 Pioneering
    no because she smashed my phone with people looking in the street and also it was recording before she smashed it so might be on my sim still also so buyer beware is a load of rubbish sorry 
  • kami24
    kami24 Member Posts: 402 Pioneering
    also i put her in the papers locally to shame her because she did that to my mum who is disabled 
  • OverlyAnxious
    OverlyAnxious Member Posts: 1,659 Disability Gamechanger
    The phone recording will only show part of the story...she can easily say you wound her up before filming, still your word against hers. 

    Did anyone watching in the street provide a witness statement to the police?  Ideally someone that doesn't know either of you to be impartial.

    The fact you've confronted her, threatened her and put her in the papers does put you on the back foot in this situation I'm afraid.
  • vikingqueen
    vikingqueen Member Posts: 548 Pioneering
         Everyone is trying to give you advise and you are just being defensive, we cannot help you personally as we weren't witness to what happened .It isn't right what she did and I would be upset if it happened to me. Try not to be so dismissive of the comments people are giving you, it's all that can be done on a forum. 
  • janer1967
    janer1967 Member Posts: 12,379 Disability Gamechanger
    I doubt the papers would even publish the story they have to protect against libel and they could be sued by other party 

    They will only publish if it is a proven case and not just on your account 

    Also not many people read newspapers anymore 

    It isn't fair to you bit just one of life's many challenges you have to deal with 

    I would pursue the issue with the selling of the puppies more than your phone 
    I have professional experience in HR within public,  private, and charity sectors.  If I can't help I will
  • kami24
    kami24 Member Posts: 402 Pioneering
    its already in the paper
  • kami24
    kami24 Member Posts: 402 Pioneering
    why is saying its my faukt when none of you know and anyone else on this forum you would have sympathy for . she smashed my phone when i asked politely for my 170 back so i will take her to court and shes a nasty piece of work im not and have no record like her 
  • kami24
    kami24 Member Posts: 402 Pioneering
    i am defensive because no one else will defend me and people like you above is why the system is flawed anyway because you take the criminals side over the victims 
  • kami24
    kami24 Member Posts: 402 Pioneering
    also newspaper is also online , i live in a small town and so lots read it actually
  • kami24
    kami24 Member Posts: 402 Pioneering
    he fact you've confronted her, threatened her and put her in the papers does put you on the back foot in this situation I'm afraid.- i didnt threaten her  and i was asking for advice not criticism if you have nothing nice to say why put it do you know her and think shes amazing or something then why say im in the wrong and the one threatening 
  • janer1967
    janer1967 Member Posts: 12,379 Disability Gamechanger
    My apologies 

    As others say we are only trying to help nobody thinks you are not the victim its just that little can be done on your behalf wrong as that maybe its just that's the situation 

    Whatever we say is upsetting you so no further comments from me
    I have professional experience in HR within public,  private, and charity sectors.  If I can't help I will
  • MarkM88
    MarkM88 Member Posts: 1,836 Pioneering
    Everyone has been helpful and told you how it will work. We can’t do anything about your phone or condone what she did but we are advising what the likely outcome will be. 
  • Tori_Scope
    Tori_Scope Posts: 6,145

    Scope community team

    Hi @kami24,

    I've now closed your thread, as it seems the discussion has unfortunately run its course. I think you've been given as much advice as we're able to give, and I'd encourage you to get in touch with an organisation such as Citizens Advice if you'd like further expert advice on this matter.

    As stated in our house rules:
    We want our community to be a safe and supportive place.

    Please make sure your messages respect others’ views and suggestions, even if you do not agree with them. 
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This discussion has been closed.

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