someone smashed my phone will they be dealt with?

kami24
kami24 Online Community Member Posts: 399 Empowering
in Everyday life
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
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Comments

  • MarkM88
    MarkM88 Online Community Member Posts: 3,119 Connected
    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 Online Community Member Posts: 399 Empowering
    i got a crime number 
  • kami24
    kami24 Online Community Member Posts: 399 Empowering
    not insured
  • Emilyb81
    Emilyb81 Online Community Member Posts: 530 Empowering
    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 Online Community Member Posts: 399 Empowering
    really?when they did it on purpose and the police took my statement>>>????????????????
  • kami24
    kami24 Online Community Member Posts: 399 Empowering
    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 Online Community Member Posts: 530 Empowering
    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 Online Community Member Posts: 399 Empowering
    i cant afford any court
  • kami24
    kami24 Online Community Member Posts: 399 Empowering
    no way
  • Emilyb81
    Emilyb81 Online Community Member Posts: 530 Empowering
    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 Online Community Member Posts: 399 Empowering
    im not finding you helpful because she damaged personal property outside on the ground and i should be helped
  • kami24
    kami24 Online Community Member Posts: 399 Empowering
    no idea wat to do and i also dont have my phone
  • Emilyb81
    Emilyb81 Online Community Member Posts: 530 Empowering
    Okey dokey il shut up! Hope you get it sorted hun :smile:
  • Emilyb81
    Emilyb81 Online Community Member Posts: 530 Empowering
    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! 
  • Lisatho11987777
    Lisatho11987777 Scope Member Posts: 5,874 Championing
    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 Online Community Member Posts: 3,119 Connected
    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 Scope Posts: 12,464 Championing
    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? 
  • kami24
    kami24 Online Community Member Posts: 399 Empowering
    so someone just gets away with grabbing someones mobile and smashing it
  • MarkM88
    MarkM88 Online Community Member Posts: 3,119 Connected
    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. 
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