SELLER ALERT: queencity-sportscards
lifeshouldbefun
Posts: 431
Seller claims they did not receive check, then cancelled the auction. Meanwhile, seller deposited the check, then relisted the item.
I'm out $445.
KEVIN BURGE is the seller's name
Proof of payment available at :
http://s1185.photobucket.com/albums/z346/lifeshouldbefun/queencity-sportscard Fraud/
0
Comments
<< <i>Seller claims they did not receive check, then cancelled the auction. Meanwhile, seller deposited the check, then relisted the item.
I'm out $445.
KEVIN BURGE is the seller's name
Proof of payment available at :
http://s1185.photobucket.com/albums/z346/lifeshouldbefun/queencity-sportscard Fraud/ >>
I assume you've already had this discussion with the fine folks at EBay, right? What was their response?
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
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Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
Tabe
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
----------------------
Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
<< <i>This is actually good. Can you not get the authorities involved now? You can't go around cashing checks without having proof of a reason. Call the cops, you have proof he cashed it without following through on the deal in place. This is outright theft and he could do time. Get this dirtbag off eBay. I would call the police in his town immediately. >>
NO, you have proof SOMEONE cashed it.
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
----------------------
Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
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<< <i>This is actually good. Can you not get the authorities involved now? You can't go around cashing checks without having proof of a reason. Call the cops, you have proof he cashed it without following through on the deal in place. This is outright theft and he could do time. Get this dirtbag off eBay. I would call the police in his town immediately. >>
NO, you have proof SOMEONE cashed it. >>
There was an agreement in place. The sale wasn't made. It's theft. You can't sell things, accept payment, and not follow through. Also, since payment was sent through the mail, isn't this a federal offense?
SCAregalia.com - Masonic Regalia & Supply
<< <i>You DO have to sign...if you deposit it thru a teller machine, you don't have to show ID....if it was cashed though, you need to show ID..... >>
And even if it was deposited into an ATM, it would be linked to his account. Proof is on Burge anyway. You don't have a right to accept money from anyone at any time without any recourse. That would be a license to steal. I could meet you somewhere, pay you for something in cash, you run away and you could be arrested for theft.
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<< <i>This is actually good. Can you not get the authorities involved now? You can't go around cashing checks without having proof of a reason. Call the cops, you have proof he cashed it without following through on the deal in place. This is outright theft and he could do time. Get this dirtbag off eBay. I would call the police in his town immediately. >>
NO, you have proof SOMEONE cashed it. >>
There was an agreement in place. The sale wasn't made. It's theft. You can't sell things, accept payment, and not follow through. Also, since payment was sent through the mail, isn't this a federal offense? >>
IF and WHEN he can prove Burge cashed the check - that's my point. Let's assume, for the sake of argument, that the check was stolen in transit and cashed by someone else. Burge would be correct to say he never got it, right? I don't doubt that he DID get it, but you have to prove he was the one that cashed it. IF it was deposited into his account, then bingo. But if it was CASHED, you're at the mercy of the controls at whatever place he cashed it.
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
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Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
<< <i>Don't you have to sign and show ID to cash a check? >>
Yes, but scams exist all over the place where guys use friends who are cashiers to bypass that.
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
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Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
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<< <i>This is actually good. Can you not get the authorities involved now? You can't go around cashing checks without having proof of a reason. Call the cops, you have proof he cashed it without following through on the deal in place. This is outright theft and he could do time. Get this dirtbag off eBay. I would call the police in his town immediately. >>
NO, you have proof SOMEONE cashed it. >>
There was an agreement in place. The sale wasn't made. It's theft. You can't sell things, accept payment, and not follow through. Also, since payment was sent through the mail, isn't this a federal offense? >>
IF and WHEN he can prove Burge cashed the check - that's my point. Let's assume, for the sake of argument, that the check was stolen in transit and cashed by someone else. Burge would be correct to say he never got it, right? I don't doubt that he DID get it, but you have to prove he was the one that cashed it. IF it was deposited into his account, then bingo. But if it was CASHED, you're at the mercy of the controls at whatever place he cashed it. >>
If there is a place out there cashing checks to anyone without ID, then I guess you can go after whoever cashed it. It seems like Burge cashed it though, so this is moot until we know more details.
<< <i>You DO have to sign...if you deposit it thru a teller machine, you don't have to show ID....if it was cashed though, you need to show ID..... >>
NOT true; there is no national law or somesuch that enforces this. If a business (or a clerk in cahoots with the person cashing the check) doesn't use proper controls, it's gonna happen without proper ID. OR, for that matter, with a fake ID.
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
----------------------
Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
1957 Topps 99% 7.40 GPA
Hank Aaron Basic PSA 7-8(75%)
<< <i>If there is a place out there cashing checks to anyone without ID, then I guess you can go after whoever cashed it. It seems like Burge cashed it though, so this is moot until we know more details. >>
It happens all the time. Say your friend gets a job at the corner liquor store, and cashes checks for you as part of a scam. The worst that most likely happens to him is he gets fired for not following store policy, but ONLY if someone catches on and tracks down where the check was cashed. This doesn't even touch on the concept of using a fake ID to cash a check.
EDIT: hard to tell from that scan, but it looks to me like that check was cashed at a store - the first line of the endorsement stamp ends in #6143 or somesuch. Not a bank endorsement that I can tell.
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
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Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
Second, the check is payable to Kevin Burge and the responsibility for identifying the payee lies with the bank that either cashed the check or accepted it for deposit. If it was cashed at a store, the depository bank still has responsibility with recourse back to their depositor (the store) if the endorsement was forged.
Warranty of endorsement by the depository bank lasts 3 years if my memory serves. You have time to collect from them if in fact the endorsement was forged.
I don't know what eBay can do for you here, but since you have evidence that the payee states they did not receive the check I'm thinking your best bet is to have your bank return the paid check to the depository bank for forged endorsement. You'll have to fill out an affidavit. I hope eTrade Bank has good customer service.
Good luck!!!
"Molon Labe"
<< <i>First off you need to remove that photobucket link. You've just posted your Bank, routing number, and account number on the internet.
Second, the check is payable to Kevin Burge and the responsibility for identifying the payee lies with the bank that either cashed the check or accepted it for deposit. If it was cashed at a store, the depository bank still has responsibility with recourse back to their depositor (the store) if the endorsement was forged.
Warranty of endorsement by the depository bank lasts 3 years if my memory serves. You have time to collect from them if in fact the endorsement was forged.
I don't know what eBay can do for you here, but since you have evidence that the payee states they did not receive the check I'm thinking your best bet is to have your bank return the paid check to the depository bank for forged endorsement. You'll have to fill out an affidavit. I hope eTrade Bank has good customer service.
Good luck!!! >>
Well put. LIke I said, he has no way to prove Burge cashed it. But he isn't without recourse, however it's likely "only" remibursement not revenge. Getting his money back cleanly should be considered a win here, as he's better off with that and not actually getting the card. I hope I didn't come across as defending Burge or implying that the OP was totally hosed; I was just refuting the posts claiming they had Burge dead to rights.
Working on the following: 1970 Baseball PSA, 1970-1976 Raw, World Series Subsets PSA, 1969 Expansion Teams PSA, Fleer World Series Sets, Texas Rangers Topps Run 1972-1989
----------------------
Successful deals to date: thedudeabides,gameusedhoop,golfcollector,tigerdean,treetop,bkritz, CapeMOGuy,WeekendHacker,jeff8877,backbidder,Salinas,milbroco,bbuckner22,VitoCo1972,ddfamf,gemint,K,fatty macs,waltersobchak,dboneesq
It would be the biggest celebration for the hobby.
My mistake. I don't keep much money in there anyway.
I don't do EBAY very often and I'm not up on the "BAD" sellers. I am HAPPY that wheretheyaint.com was booted again.
Thanks everyone
<< <i>He FESSED UP and refunded. Yes, it was pointed out that my routing and account number were out there.
My mistake. I don't keep much money in there anyway.
I don't do EBAY very often and I'm not up on the "BAD" sellers. I am HAPPY that wheretheyaint.com was booted again.
Thanks everyone >>
Good that you got your money back. Burge is still a thieving turd.
<< <i>I am HAPPY that wheretheyaint.com was booted again. >>
What's their deal?
<< <i>I didnt know this was his newest ebay ID. Thankfully, he doesnt have anything I have ever wanted to buy. >>
Aliases;
shoeless-joejackson now queencity-sportscards
peopleschoice7373 now larryholmessickness
cardsrahabit
jmvariety09
blameitonthealcohol (buying account)
I dont follow the hobby anymore. I'm sure he has more aliases and he does have people working with him, I heard..
I think he changed some ebay Id's around the time this letter to the editor outed him as a scammer.
<< <i>Impressive >>
It's ridiculous that that Ebay would choose to be complicit with this guy's scammery. Not surprising, but disturbing.
<< <i>Seller claims they did not receive check, then cancelled the auction. Meanwhile, seller deposited the check, then relisted the item.
I'm out $445.
KEVIN BURGE is the seller's name
Proof of payment available at :
http://s1185.photobucket.com/albums/z346/lifeshouldbefun/queencity-sportscard Fraud/ >>
I didn't read all the posts...basically all you can do at this point if you wish to take further action is sue the SOB in Small Claims Court. Often the threat of this legal action will "persuade" a crook to refund your money. In a nutshell, make sure the bastige is a home owner before you waste your time and extra money on the lawsuit, otherwise the chances of collecting are very slim, for a variety of reasons.
Many courts will allow a citizen living anywhere to file by mail. There are numerous websites which can explain how to do it - isn't that difficult at all. Good luck!
<< <i>He FESSED UP and refunded. Yes, it was pointed out that my routing and account number were out there.
My mistake. I don't keep much money in there anyway.
I don't do EBAY very often and I'm not up on the "BAD" sellers. I am HAPPY that wheretheyaint.com was booted again.
Thanks everyone >>
just read this - Good!
<< <i>Someone should show up to his house. >>
Nice. Will we be using Chinese Stars, Nunchucks, 44 Mags, Paint Ball Gun, or nerf arrows?
You freaka me out!
going to the local police, I went to the heavy artillery, the State Troopers.
I provided the delivery confirmation receipt for check, Kevin's texts indicating that check was never received, therefore no cashed,
and the endorsed check signed by Kevin. My bank provided the deposit location and the check image, front and back.
Troopers have been very helpful and put me in touch with the proper authorities for handling fraud cases.
Once Kevin was informed LE was involved and he received an image of the signed check, the tune changed.
I'm being guided on what to do, but he decided to go about it his own way rather than follow the instructions I was provided.
An update was sent to him indicating that a Bank Check/MO was to be sent over night. Instead, he sent an image of the check
that he wrote to me and said "lol, I already mailed it". He's too stupid to realize that the timestamp of the picture is embedded. The photo
was taken 5 minutes earlier than the E-Mail. IT'S JUST LIE AFTER LIE AFTER LIE.
Will update with more info later ... It looks like it could get very interesting
I'm completely in agreement that the guy is scum. If the guy sends you the refund...what will you be going after him for legally? This is a great lesson thread for the boards; but what's to be done legally about this? Let's say Kevin cashed the check himself with his signature and has issued you a refund. I doubt the troopers care if he's a liar or not. When pushed into a corner and interviewed by the authorities....I'm sure he'll say something like I cashed the check and realized I didn't have the item anymore and then issued a refund. Emails don't mean anything. Anyone can send an email. I hope I'm completely wrong and he gets punished.
Mickey71
authorities. Originally, since he denied receiving or cashing, I stopped (which was too late) and reported the check as cashed fraudulently cashed
by an unintended recipient. None of this would have happened had he come clean.
To add to the drama ... The sequence of events .. The check was deposited on 2/11 (never showed on my side until the 14th), then the item was
relisted on the 13th.
<< <i>FWIW....I sold a very high dollar card (3K) to Wheretheyaint in an offline(off ebay) deal without a problem. Not sure what his deal is but his money was good. >>
I'm sure he had a buyer for an immediate healthy profit.