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(New update on ENGS) ENGS threatens to Suit Coinauctionshelp

I recieved and email from the owner of ENGS (Elite Numismatic Grading Service) and here it is.

TO WHOMEVER.

ENGS COINS IS MY COMPANY,SAYING THAT YOU WOULD NOT PUT A MS 69 PEACE DOLLAR IN MY HOLDER IF YOU HAD ONE IS SLURING MY COMPANY. I TALKED TO MY ATTORNY HERE IN EVANSVILLE, INDIANA AND HE'S GIVING YOU 1 WEEK TO REMOVE YOUR COMMENTS ABOUT MY GRADING SERVICE.OR YOU WILL BE IN COURT AT YOUR COST.

1 WEEK. TERRY JONES

Here is the webpage he is referring too: ENGS Page

If there's any lawyers on this board, any advice is welcome.
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Comments

  • dohdoh Posts: 6,457 ✭✭✭
    image I wouldn't be too worried about an "attorney" who can't even spell the word properly.

    Edited, well, I guess it wasn't the attorney who actually e-mailed you. Still, if this was even close to legit it would have been the attorney contacting you, not that jerk running that "grading service."

    Positive BST transactions with: too many names to list! 36 at last count.


  • << <i>image I wouldn't be too worried about an "attorney" who can't even spell the word properly.

    Edited, well, I guess it wasn't the attorney who actually e-mailed you. Still, if this was even close to legit it would have been the attorney contacting you, not that jerk running that "grading service." >>



    He can't spell slurring correctly either, but this is the owner's email not the lawyer's.
  • dohdoh Posts: 6,457 ✭✭✭
    I think he's just trying to scare you.

    You're stating your opinion on the Internet...that's an awful stretch for libel IMHO. And who's to say it's untrue? There's no way to prove the coin in that holder is truly an MS-69, how is what you're saying untrue?

    Positive BST transactions with: too many names to list! 36 at last count.
  • dbldie55dbldie55 Posts: 7,742 ✭✭✭✭✭
    You can always find a bottom feeding pile of scum with a law degree to do this type of crap.

    As far as your opinion, that is all it is. You said you would not have them grade a MS69 Peace dollar if you had one. Is his attorney going to tell you that you would need to allow them to grade it, even if you did not want them to?

    You may want to change the comments to include they "threaten legal action if you comment on them". Hard to say it isn't true.
    Collector and Researcher of Liberty Head Nickels. ANA LM-6053
  • RussRuss Posts: 48,514 ✭✭✭
  • DorkGirlDorkGirl Posts: 9,994 ✭✭✭


    << <i>AOL user?

    Russ, NCNE >>



    image
    Becky
  • notwilightnotwilight Posts: 12,864 ✭✭✭
    Idle threat.

    Be in court at your cost means drive down to the court. If it even happened, I wouldn't even take a lawyer. I'd say the worst that could happen is they ask you to take down the page.

    --Jerry
  • adamlaneusadamlaneus Posts: 6,969 ✭✭✭
    Heck. Tell him you +ARE+ a lawyer.
  • notwilightnotwilight Posts: 12,864 ✭✭✭
    BTW, your comments on the website are factual and to the point. I don't really see libel there. --Jerry
  • TavernTreasuresTavernTreasures Posts: 1,262 ✭✭✭


    << <i>

    << <i>image I wouldn't be too worried about an "attorney" who can't even spell the word properly.

    Edited, well, I guess it wasn't the attorney who actually e-mailed you. Still, if this was even close to legit it would have been the attorney contacting you, not that jerk running that "grading service." >>



    He can't spell slurring correctly either, but this is the owner's email not the lawyer's. >>




    In the original post, I see spelling errors by both sides.
    Advanced collector of BREWERIANA. Early beer advertising (beer cans, tap knobs, foam scrapers, trays, tin signs, lithos, paper, etc)....My first love...U.S. COINS!
  • Ignore it. No way that Peace $ is a 69.

    You may also choose to ignore my advice as I am NOT a lawyer. image
  • LanLordLanLord Posts: 11,724 ✭✭✭✭✭
    image

    where is the big old steamy pile icon?

    ms69 my hind end*

    *but that's just my opinion
  • dohdoh Posts: 6,457 ✭✭✭
    You should respond to his e-mail and include this thread...show Terry how we're all laughing at his pathetic excuse for a grading service.

    Positive BST transactions with: too many names to list! 36 at last count.
  • Bayard1908Bayard1908 Posts: 4,094 ✭✭✭✭
    Exactly what language does he believe is defamatory?
  • phehpheh Posts: 1,588
    It could be a 70 and your verbiage still wouldn't be claiming anything libelous. You have stated your opinion ("I would not...") about a non-top-tier grading service. A popular opinion, no less... end of story.

    If you stated that they couldn't grade for $#17 because their staff were all patients at the Helen Keller Hospital for the Blind.... then they could attempt to sue you.
  • messydeskmessydesk Posts: 20,332 ✭✭✭✭✭
    You could respond:

    "TO MR. JONES, OR WHATEVER,

    MY ATTERNY WROTE SMOEHTING FOR ME TO TELL YOU, BUT SINCE HIS HANDWRITTING IS SLOPY, ALL I CAN MAKE OUT IS AN F AND A U."
  • FrankcoinsFrankcoins Posts: 4,572 ✭✭✭


    << <i>Ignore it. No way that Peace $ is a 69.

    >>



    The point is that it might indeed be an MS69 according to THAT COMPANY'S standards. Since there is no accepted standard that
    the market MUST adhere to, and that PCGS and NGC both have unpublished proprietary standards that differ from each other and from the
    "Official" ANA standards...those publicly criticizing other companies will continue to be at risk for lawsuits for stating "opinions" in a public
    forum.
    Frank Provasek - PCGS Authorized Dealer, Life Member ANA, Member TNA. www.frankcoins.com
  • Hmmm...I wonder how much it will cost YOU to go court and WIN.
    "Everyday above ground is a good day"

  • It's easy to be cavalier about weak slander claims, but let me tell you, if he sues you, you're not going to want to rely on "just showing up" in court on the day of trial. You're going to hire a lawyer, and it will cost real money. If you're rich like Mr. Butterworth and some other forum members, it can be entertainment. But if you're a regular guy, it will be a big pain in the ass. It doesn't really affect your website, so I would play it safe and take it down.
  • This is serious. All Caps. Bongo Brawl. Respectfully, John Curlis
  • No professional would EVER write the words “to whomever” the term is “to whom it may concern” and you can’t go to court if he doesn’t know who you are; if he did you would have been addressed by name.

    No professional (eg a lawyer or attorney) could possible write something so grammatically incorrect; and his cap locks appear to be stuck.

    Also it’s not “slurring” a company it’s “slandering” and that is one of the most difficult court battles to win. Your opinion is not slander, slandering implies lying or deceit with the willful intent to harm.

    What is this… “at your cost” no one is taken to court at their cost, they could sue for court costs if they win the case but, that’s a long shot.

    He’s just trying to scare you.

    Don’t even give it a second thought until or if you receive a letter, with letter head, from an actual attorney.
  • CasmanCasman Posts: 3,935 ✭✭
    He's right, bet that dude's drunk or something....hence the slurring of his speechimage
  • messydeskmessydesk Posts: 20,332 ✭✭✭✭✭


    << <i>Also it’s not “slurring” a company it’s “slandering” ... >>


    Maybe he was saying it after a few Manhattans.


  • << <i>You could respond:

    "TO MR. JONES, OR WHATEVER,

    MY ATTERNY WROTE SMOEHTING FOR ME TO TELL YOU, BUT SINCE HIS HANDWRITTING IS SLOPY, ALL I CAN MAKE OUT IS AN F AND A U." >>



    I laughed my ass off.


  • << <i>

    << <i>You could respond:

    "TO MR. JONES, OR WHATEVER,

    MY ATTERNY WROTE SMOEHTING FOR ME TO TELL YOU, BUT SINCE HIS HANDWRITTING IS SLOPY, ALL I CAN MAKE OUT IS AN F AND A U." >>



    I laughed my ass off. >>



    Now, what's gonna hold your pants up??image
  • I wonder about the "coin grading is not an opinion" part, but I understand why this would be stated. Respectfully, John Curlis


  • << <i>

    Now, what's gonna hold your pants up??image >>



    The other side. lol
  • BlindedByEgoBlindedByEgo Posts: 10,754 ✭✭✭✭✭
    Interesting thoughts come out as to venue, how deep his pockets are, and how much you could use ANA grading standards to your own truth defense.

    At the end of the day he seems eminently ignorable, and you are certainly not the only source of derision regarding his company on the internet.

    Depends on your level of comfort in the potential of him actually following through. Given his communication skills, and the fact that he hasn't figured out your personal information, I would bet that the threat is an idle one. But it's your money, not mine, at stake.

    Seems like a jerk, though.
  • BECOKABECOKA Posts: 16,961 ✭✭✭
    You spent too much time on that reply.

    If the guy was serious he would have had the lawyer contact you. image
  • storm888storm888 Posts: 11,701 ✭✭✭
    "...You can always find a bottom feeding pile of scum with a law degree to do this type of carp...."

    //////////////////////////////////////////////////////////////////////

    Not likely, in this instance.


    Edited To Add:

    There appears to be nothing actionable on the "offending page."

    I would neither remove the page nor respond to the self-slabber.

    If the OP is worried, he should contact his own legal counsel.
    Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
  • Email him and say he should first learn how to spell. Then he should take a ANA grading class or two. I dont even have to look at a 69 Peace from them to know it may be a 62 at best. Maybe even a 64.




    Send him a link to this thread and ask him to join so we could hear his side of the story...


    Looking for Au Classic Commems...
    Also looking for VF-EF Seated halves.

    Sell me your old auction catalogs...image
  • image
    Looking for Au Classic Commems...
    Also looking for VF-EF Seated halves.

    Sell me your old auction catalogs...image
  • Yea, that looks like a MS 69 Peace $1.

    Looking for Au Classic Commems...
    Also looking for VF-EF Seated halves.

    Sell me your old auction catalogs...image
  • krankykranky Posts: 8,709 ✭✭✭
    Frankly, nothing good can come from replying.

    New collectors, please educate yourself before spending money on coins; there are people who believe that using numismatic knowledge to rip the naïve is what this hobby is all about.

  • savoyspecialsavoyspecial Posts: 7,311 ✭✭✭✭
    a few points:

    1. this company i've never heard of, do they offer a guarantee?? if not, are they saying that they dont trust their own graders opinions?? (by their definition, should they sue themselves for self-slander)

    2. i guess next in line to be sued are Ebay and CAC since they dont recognize this company as an equal to PCGS and NGC either

    greg

    www.brunkauctions.com

  • kranky, the definition of marriage. Respectfully, John Curlis
  • rickoricko Posts: 98,724 ✭✭✭✭✭
    My advice would be to not reply at all... and leave your website as it is.... I am not a lawyer, but ran this by company counsel. Best bet is just ignore him. When he wakes up, he will have a headache and probably not remember his threat. image Cheers, RickO
  • lcoopielcoopie Posts: 8,873 ✭✭✭✭✭


    << <i>I recieved and email from the owner of ENGS (Elite Numismatic Grading Service) and here it is.

    TO WHOMEVER.
    ENGS COINS IS MY COMPANY,SAYING THAT YOU WOULD NOT PUT A MS 69 PEACE DOLLAR IN MY HOLDER IF YOU HAD ONE IS SLURING MY COMPANY. I TALKED TO MY ATTORNY HERE IN EVANSVILLE, INDIANA AND HE'S GIVING YOU 1 WEEK TO REMOVE YOUR COMMENTS ABOUT MY GRADING SERVICE.OR YOU WILL BE IN COURT AT YOUR COST.
    1 WEEK. TERRY JONES

    If it is your opinion, that you would not put an ms69 coin in his holder
    that is what they call freedom of speech

    Have his attorney read the constitution

    I am not an attorney, just a citizen

    LCoopie = Les
  • COALPORTERCOALPORTER Posts: 2,900 ✭✭


    << <i>Frankly, nothing good can come from replying. >>


    image

    To the OP: I would not reply with that email (or any other). You said several things that could only get you into more problems, if the TPG owner did really take action. The best bet is to say nothing and consult a lawyer if you think the threat is real and let the lawyer do ALL the talking.

    It's not that easy anyway. If you live in a different state, it will be difficult to serve you. And then you have the whole discovery phase and the courts have to decide to hear the case, so you don't just "show up" to court and the courts are really so busy that it will probably take 2 years to really get into a court room. and any judgement would probably be small and difficult to collect. Slander/libel suits rarely go too far and most lawyers run from these anyway.

    Like they say, " if you got 3 years and 30 k, then bring it on !"

    Or move offshore !! image
  • Thanks for the comments, and advice. I wrote the email this morning and thought better on sending it. I don't think I will send a reply anyway.
  • storm888storm888 Posts: 11,701 ✭✭✭
    "...I don't think I will send a reply anyway. "

    /////////////////////////

    Good Decision.
    Folks Who Bite Get Bitten. Folks Who Don't Bite Get Eaten.
  • lcoopielcoopie Posts: 8,873 ✭✭✭✭✭
    here is another opinion re the
    well know elite numismatic grading service



    warning from elsewhere
    LCoopie = Les
  • If I never visit Indiana then they can't touch me unless he tries action on the Federal level, and by that time I will take it down. I did edit the page, but I added to the comment. Also, I have a disclaimer on the TPGS home page just for this reason.
  • FullStepJeffsFullStepJeffs Posts: 1,874 ✭✭✭
    You know, this thread reminds me about another thread on these boards that COULD be taken the wrong way and a libel suit born. I don't remember if it was settled or dropped, but either way, I'm not including my opinion in this thread. I like to spend my money on coins, not because I was talking about a coin I would never buy.

    Steve
    U.S. Air Force Security Forces Retired

    In memory of the USAF Security Forces lost: A1C Elizabeth N. Jacobson, 9/28/05; SSgt Brian McElroy, 1/22/06; TSgt Jason Norton, 1/22/06; A1C Lee Chavis, 10/14/06; SSgt John Self, 5/14/07; A1C Jason Nathan, 6/23/07; SSgt Travis Griffin, 4/3/08; 1Lt Joseph Helton, 9/8/09; SrA Nicholas J. Alden, 3/3/2011. God Bless them and all those who have lost loved ones in this war. I will never forget their loss.
  • In theory, if it ever went to court, and all the facts where put on the table, the guy would be sorry he tried it. I know why he grades his own coins, and I could rally a few statments from prior customers, and I know some of them are not happy with his service. He just doesn't know it, yet.
  • SilverstateSilverstate Posts: 1,537 ✭✭✭


    << <i>You could respond:

    "TO MR. JONES, OR WHATEVER,

    MY ATTERNY WROTE SMOEHTING FOR ME TO TELL YOU, BUT SINCE HIS HANDWRITTING IS SLOPY, ALL I CAN MAKE OUT IS AN F AND A U." >>



    image
  • SilverstateSilverstate Posts: 1,537 ✭✭✭


    << <i>image >>





    In his dreams, that is MS69 !!

    Hahahhahahhaha
    You don't even need a larger photo to see the marks on the coin.


    image
  • I know and he knows this coin is not MS69, and I'm not changing my website. It's a free country and they can't make me change my opinion. I know that coins in PCGS slabs sale for more and I wouldn't use any other service, and that's all I meant from my statement. Even though, I can't stanf these self slabbers and no what there all about.
  • At this point I also agree.. don't reply.

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