Help! Can't get refund on counterfeit coin

DDR

I need some advice. About 6 months ago I purchased a coin on eBay. I sent it to ANACS and it came back counterfeit. The dealer agreed to refund my money and I shipped him the coin along with the ANACS paperwork. Then the excuses started coming... "You will need to be patient," "I have to get my money back from the guy I bought if from first," etc., etc., In every email, though, he promised to refund the money. It has been three weeks of excuses and at this point I don't believe he will refund the money.

Where do I go from here? eBay? Paypal? USPS? Secret Service? His hometown police department? For any of you who have been through this, or are attorneys or law enforcement officials, what is the most EFFECTIVE way to pursue the matter? My main concern in all this is to get my money back.

BigE

Maybe there is a collector here who is near the dealer, how expensive of a coin is it? -------------BigE

RGL

Contact the safeharbor folks at eBay and e-mail them with your complaint, all of your saved e-mails, etc. Also include any copy you saved of the auction listing the seller's guarantee, etc ...

DDR

It is a $300 coin. Not getting the money back won't put me in the poor house, but it's not chump change either. I told the dealer I would give him until May 20 to give me a refund before I pursued legal action against him.

ElectricEye

United States Postal Service ~ Fraud Information

barberlover

I posted some thoughts on this yesterday on one of Marks threads I'd like to expand on hear.

The only reasonable excuse for a dealer not to refund the purchase price on a fake coin is that both the seller and the buyer agreed at the time of sale that there was no gaurantee of authenticity on the coin.

The very last coin i almost baught was a raw 16 d dime that i graded vf 20 [the dealer thought it was vf30] but we came to terms on price, but when i asked him if he would gaurentee authenticity untill i sent it in for slabbing he said no, so i said no thanks.

I will keep stressing this single point untill it sinks in; when dealing with someone you don't know well or havn't done buisness with before, never complete the sale without a CLEAR understanding of his/her terms [which includes standing behind the authenticity of there merchandise] and when ever possible, GET IT IN WRITING !!! Les

Blackhawk

If you paid for it with Paypal, report it to them first. If you paid with a credit card, even if it was through Paypa, call the service number on the back of the card and explain the problem.

I just went through a similar situation and got all my money back through my credit card company. As an earlier poster said, you should also use ebay's safeharbor and report it as fraud, however the time limit may have passed to get restitution through them.

ohbaby

First, the dealer's excuse he has to get money back from the person he bought it from is absurd. I hear this so often it makes my blood boil. Your deal was with him and not the other guy. What would the dealer do if he couldn't get the other fellow to pay up? Suppose the other fellow used a similar excuse, he had to get his money back from yet another person. When does it end? This makes no sense. I bet the dealer is trying to sell the coin to some other poor slob.

Second, after 6 months I believe you have lost most of not all of your rights. Rule Z of the credit cards requires a 60 or 90 days period to make a claim or it's yours. Not sure about eBay.

Third, "legal action"? For $300? LOL. Don't waste your time, no attorney will.

Fourth, never buy raw and never buy raw on ebay! Sure some will brag about how they bought a raw coin and got it slabbed. It is a crap shoot. Over time you will get burned more often than not.

Fifth, $300 is a cheap lesson in what NOT to do the next time.

Sadly, this type of activity will kill eBay sales by the little guy and the small and large buyers. Over the last 6 months I notice a smaller and smaller number of sellers and dealers tell me their ebay sales are down and fees are up. Who will step in and fill the void? A reputable exchange where all buyers/sellers are prescreened and there is solid customer service provide by the exchange. I bet they could eat ebay lunch and dinner within 12 months!

Dabigkahuna

Maybe one of the dealers bettter versed with the the law would know more about this.

I thought it was illegal to sell a counterfeit coin regardless if the seller knows it to be conunterfet or not? No matter what the contract stated before hand. It's been a long time but that is what I remember.

Six months is a long time to go back to the seller but I still think they are obligated to make an immediate refund? Yes/No?



Larry

DDR

GOOD NEWS! Problem resolved. Within hours of emailing the dealer to tell him that I would pursue this through legal channels, he refunded me the money via Paypal. Thanks for everyone's useful advice on this thread and the PM's.

Tootawl

It's amazing how helpfull some people get when you threaten legal action against them! Good to hear that you got your money back.

docday2003

<< <i>It's amazing how helpfull some people get when you threaten legal action against them! Good to hear that you got your money back. >>



Mind you, people who are not in the wrong will often pay/refund to avoid the potential headache of an irate person bent on legal action. I personally paid money to avoid such a situation when the facts were completely on my side. However, the headache of potential legal action made it worth it just to buy peace. Just my experience.

Gilbert

FYI, if the dealer is an ANA member you may have been able to pursue via arbitration.

Regarding the "legal action being a waste of time" because it is only $300, well if were are fortunate enough to be within a reasonable proximity of the dealer, a "smalls claims" action might not be a waste of time.

Conder101

The problem with the small claims route is that although the court will award you a judgement against the dealer, it is still up to you to collect it. The court will not help you in the collection process.