Stolen Dior Bag - My Story with Fashionphile and eBay

Wow this is awful :sad: One thing that has helped me in some situations is to contact a regulatory body. I believe, in this case, it'd be the FTC to get involved with Fashionpile. Usually those kinds of government emails scare people enough to get elevated to the corporate office, where you can get more specialized advice. I'm so sorry :sad:
 
I'm not sure how accurate this post is but I did a search for info on pawn shop being found with someone's stolen item.

https://www.quora.com/If-an-item-is...ave-to-pay-the-pawn-shops-price-to-get-it-out

The Q:
If an item is stolen from me and I find it in a pawn shop, do I have to pay the pawn shop's price to get it out?

A:
If you have something stolen you need to report it to the police immediately! Then if you find it in a pawn shop and you are 100% positive it is yours step outside, it might even be a good idea to leave the property, and immediately call the police. Then let the police deal with it. Do not go back in the pawn shop, do not confront anyone working at the pawn shop. When the police arrive they will inspect the item and if they determine it is the item you reported stolen they will confiscate it and will likely conduct an investigation to determine if the pawn shop followed the law when they bought it and try to find the person who sold it to them. You may not get it back immediately but you will eventually get it back without having to pay the pawn shop anything.

However if you wait to report it and you just happen to “find” it at the pawn shop before you contact the police they may question your motive and you may have a more difficult time proving it was your in the first place. Also if you confront the people working there you may find the item has disappeared again or it was just sold right before the police arrive.

In most states pawn shops are required to hold anything they buy for 30 days prior to placing it up for sale and they are also supposed to check any item with the police to make sure what they have is not stolen property. However not all pawn shops are as ethical as they should be.

About 25 years ago a friend of mine owned a very expensive professional baritone saxophone. One night after a gig he was helping the band break everything down and when he finished he went to get his sax that he had already packed up in the case and there was no sign of it. He immediately called the police and they came and took a report and did an investigation. One of the waitresses working at the club said she saw a guy carrying a large case out the front door and thought it was odd as the band usually went in and out the back doorway.

The next day the owner of the sax called every music store and pawn shop in the phone book. No one had seen it or had any knowledge of a baritone sax coming in. Keep in mind a baritone saxophone is a very large instrument and tends to stand out. A month later he again called every pawn shop in the city and one of them had a “big” saxophone on display. He drove to that shop and sure enough he found his saxophone. Turned out it was sold to the pawn shop the very next day after it was stolen and when he originally called that location it was already there but the person on the phone either did not know it was there or was lying to him as they didn't want to loose the item and the opportunity to get their money back. Regardless the pawn shop was aware a baritone saxophone had been stolen and they failed to follow the procedure and contact the police to verify it had not been reported. He did get his saxophone back after contacting the police. It was discovered this was not this pawn shops first offense and after the police did an audit of that store they found a good deal of stolen merchandise that was never reported. I'm not sure what happened to the owners of that shop but I do know it closed down right afterward.

So if an item is yours when it gets sold to a pawn shop It is still legally yours and you do not owe the pawn shop a dime. As long a you report it immediately after you discover it is missing you have the right to reclaim it. Just don't take the law into your own hands. Let the police deal with it.

Edit….
8–4–2018

It has recently come to my attention that in some states if you find an item you own, and reported to the police, at a pawn shop, you may be required to pay the pawn shop back for what they paid for it. Thus if the pawn shop paid $200 you may have to pay $200 to get it back. This will vary from state to state. However, you still have to have indisputable proof that the item is yours.
 
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Pretty accurate. Pawn shops are a very specific sector though that are legislated in many jurisdictions and have to follow the rules of that legislation. I don’t imagine FP runs as a pawn shop so they wouldn’t be bound by the same laws.
 
Pretty accurate. Pawn shops are a very specific sector though that are legislated in many jurisdictions and have to follow the rules of that legislation. I don’t imagine FP runs as a pawn shop so they wouldn’t be bound by the same laws.
I realize that but the situation is similar; receipt and sale of stolen goods.

I would think (though I don't know) that FP would have to verify ownership and the right to consign items when customers bring in goods.
 
They aren’t bound by a specific law that says so as pawn shops would be. So, without that, it boils down to general civil law which, in many jurisdictions, respects the third party doctrine that I mentioned above.
 
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This is really bad business for Fashionphile to do. They could have easily called the police handling the case versus saying they never heard anything again. If the police said hold the item do you just ignore that? I like Fashionphile and have bought and sold with them. But this really makes me question their business ethics. To me this is just so wrong. They knew the bag was stolen but had no problem selling it?
 
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They knew the bag was stolen but had no problem selling it?
While they didn't know when they first listed it that it was stolen, by the time they resold it, they were well aware of it.

A little googling revealed this:
Penal Code 496(a):
California "Receiving Stolen Property" Laws
Something to be aware of. Very big no, no ...
Note that the article you found is an advertisement for a law firm.

In reading that law, it refers to KNOWINGLY receiving stolen property and so far, there's no evidence that Fashionphile knew it was stolen when she either bought or took it in for consignment. And I think that makes a huge difference.

https://www.wklaw.com/when-is-receiving-stolen-property-a-crime-in-california-penal-code-496/
 
While they didn't know when they first listed it that it was stolen, by the time they resold it, they were well aware of it.

I realize they were unaware of the bag being stolen when they first received it. They would not know this and did nothing wrong until the police became involved and they Received necessary information that the bag was stolen I would think common sense would have one pull it from their inventory. Add the police saying to hold the bag. Wouldn’t one think as a huge successful company in this business they would have a procedure in place that removed the item from being sold.







Note that the article you found is an advertisement for a law firm.

In reading that law, it refers to KNOWINGLY receiving stolen property and so far, there's no evidence that Fashionphile knew it was stolen when she either bought or took it in for consignment. And I think that makes a huge difference.

https://www.wklaw.com/when-is-receiving-stolen-property-a-crime-in-california-penal-code-496/
 
maybe after X amount of months with no contact about a case they can do with it what they want??? the FP CEOs/owners are both California lawyers (Sarah and Ben) so i assume they wouldn't do it without some basis. would love to hear back what eventually happens!
 
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maybe after X amount of months with no contact about a case they can do with it what they want??? the FP CEOs/owners are both California lawyers (Sarah and Ben) so i assume they wouldn't do it without some basis. would love to hear back what eventually happens!
I doubt that the CEOs/owners were aware of the case though. I sincerely believe that if they did they would have taken complete different steps to protect their reputation. The lady who I was talking to said that their loss prevention manager cleared the bag to sell. I think that everything was only escalated to that loss prevention manager.
 
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I'm not sure how accurate this post is but I did a search for info on pawn shop being found with someone's stolen item.

https://www.quora.com/If-an-item-is...ave-to-pay-the-pawn-shops-price-to-get-it-out

The Q:
If an item is stolen from me and I find it in a pawn shop, do I have to pay the pawn shop's price to get it out?

A:
If you have something stolen you need to report it to the police immediately! Then if you find it in a pawn shop and you are 100% positive it is yours step outside, it might even be a good idea to leave the property, and immediately call the police. Then let the police deal with it. Do not go back in the pawn shop, do not confront anyone working at the pawn shop. When the police arrive they will inspect the item and if they determine it is the item you reported stolen they will confiscate it and will likely conduct an investigation to determine if the pawn shop followed the law when they bought it and try to find the person who sold it to them. You may not get it back immediately but you will eventually get it back without having to pay the pawn shop anything.

However if you wait to report it and you just happen to “find” it at the pawn shop before you contact the police they may question your motive and you may have a more difficult time proving it was your in the first place. Also if you confront the people working there you may find the item has disappeared again or it was just sold right before the police arrive.

In most states pawn shops are required to hold anything they buy for 30 days prior to placing it up for sale and they are also supposed to check any item with the police to make sure what they have is not stolen property. However not all pawn shops are as ethical as they should be.

About 25 years ago a friend of mine owned a very expensive professional baritone saxophone. One night after a gig he was helping the band break everything down and when he finished he went to get his sax that he had already packed up in the case and there was no sign of it. He immediately called the police and they came and took a report and did an investigation. One of the waitresses working at the club said she saw a guy carrying a large case out the front door and thought it was odd as the band usually went in and out the back doorway.

The next day the owner of the sax called every music store and pawn shop in the phone book. No one had seen it or had any knowledge of a baritone sax coming in. Keep in mind a baritone saxophone is a very large instrument and tends to stand out. A month later he again called every pawn shop in the city and one of them had a “big” saxophone on display. He drove to that shop and sure enough he found his saxophone. Turned out it was sold to the pawn shop the very next day after it was stolen and when he originally called that location it was already there but the person on the phone either did not know it was there or was lying to him as they didn't want to loose the item and the opportunity to get their money back. Regardless the pawn shop was aware a baritone saxophone had been stolen and they failed to follow the procedure and contact the police to verify it had not been reported. He did get his saxophone back after contacting the police. It was discovered this was not this pawn shops first offense and after the police did an audit of that store they found a good deal of stolen merchandise that was never reported. I'm not sure what happened to the owners of that shop but I do know it closed down right afterward.

So if an item is yours when it gets sold to a pawn shop It is still legally yours and you do not owe the pawn shop a dime. As long a you report it immediately after you discover it is missing you have the right to reclaim it. Just don't take the law into your own hands. Let the police deal with it.

Edit….
8–4–2018

It has recently come to my attention that in some states if you find an item you own, and reported to the police, at a pawn shop, you may be required to pay the pawn shop back for what they paid for it. Thus if the pawn shop paid $200 you may have to pay $200 to get it back. This will vary from state to state. However, you still have to have indisputable proof that the item is yours.
This is very interesting. Thank you.
 
I've never sold anything to Fashionphile. Does anybody know how the selling process is with FP? Do they ask if the item is yours?
I recently sold my first handbag and it ended up being with FP. I submitted multiple photo's of my bag, they made me an offer which I accepted. I did have to sign some boiler plate legalese but I never had to "prove" the bag was mine to sell.

Off topic but since I sold the bag I've been looking for it on their website and it hasn't appeared. I would have thought they would have it posted as soon as I cashed the check to market it in time for Christmas but I haven't seen it at all. It's a high value bag and in a rather unique and desirable color combo. I wondered if an employee bought it??