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A Bizarre Coin Situation - Need Advice (9/19/11 Update in OP)

CoinosaurusCoinosaurus Posts: 9,652 ✭✭✭✭✭
I am going to change some of the details, because I don't want to make everything public.

About 12 months ago I sent dealer X a large check for a nearly unique item, which I am not going to describe.

Dealer X is fairly well known in the biz.

Said dealer has not acknowledged receiving the check in writing but it has been cashed. I have spoken with the dealer at a show, he said he received the check and is "looking" for the item, it is in warehouse "somewhere."

I don't want piss this guy off too much because I really want the thing I am trying to buy & he is the only one that has it. It is the kind of thing that will never appear at auction and is only traded to insiders, and very rarely at that.

On the other hand, he has my dough (4 figures) and is sitting on it without much apparent action.

I have left a couple voicemails with no response.

Where do I go from here??

Even if the deal goes bad, it is unlikely I would out them, becasue I have a certain respect for their reputation. So that is not in the equation.

[9/19/11] Update - I have been made the whole, got the money back from the dealer. He still "can't find" the item. I'm disappointed I didn't get my tschoschke but I think there is a lesson here - there is enough cool stuff out there that you shouldn't get obsessed with a single item to the point of making unwise business decisions.
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    CaptHenwayCaptHenway Posts: 33,891 ✭✭✭✭✭
    Four figures, 12 months and he cashed the check?
    You have every right to be upset. At this point a veiled threat to out him would not be out of line, IMHO.
    TD
    Numismatist. 54 year member ANA. Former ANA Senior Authenticator. Winner of four ANA Heath Literary Awards; three Wayte and Olga Raymond Literary Awards; Numismatist of the Year Award 2009, and ANA Lifetime Achievement Award 2020. Also won the PNG's Robert Friedberg Award for "The Enigmatic Lincoln Cents of 1922," Available now from Whitman or Amazon.
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    SonorandesertratSonorandesertrat Posts: 5,695 ✭✭✭✭✭
    Your behavior makes no sense. The guy has had your money for a year and isn't responding to your calls.
    At this point, you are very unlikely to get the item you paid for and, unless you assert yourself, you won't get your money back either.
    I'd raise hell.
    Member: EAC, NBS, C4, CWTS, ANA

    RMR: 'Wer, wenn ich schriee, hörte mich denn aus der Engel Ordnungen?'

    CJ: 'No one!' [Ain't no angels in the coin biz]
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    << <i>I am going to change some of the details, because I don't want to make everything public.

    About 12 months ago I sent dealer X a large check for a nearly unique item, which I am not going to describe.

    Dealer X is fairly well known in the biz.

    Said dealer has not acknowledged receiving the check in writing but it has been cashed. I have spoken with the dealer at a show, he said he received the check and is "looking" for the item, it is in warehouse "somewhere."

    ... I really want the thing I am trying to buy & he is the only one that has it. It is the kind of thing that will never appear at auction and is only traded to insiders, and very rarely at that.

    On the other hand, he has my dough (4 figures) and is sitting on it without much apparent action.

    I have left a couple voicemails with no response.

    Where do I go from here??

    Even if the deal goes bad, it is unlikely I would out them, becasue I have a certain respect for their reputation. So that is not in the equation. >>




    At this point, the guy is just being unprofessional and ridiculous. You have no idea of what he is doing, and he could just be waiting for a better offer, while he holds your money. He says he is looking for it, but who really just "misplaces" a four figure coin?

    Get your money back, in my opinion.
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    ZoinsZoins Posts: 34,482 ✭✭✭✭✭
    Just say something like you need the money back (for whatever reason, i.e. another coin), but are still interested in the coin and would still be interested if it showed up again.

    That way he has an incentive to either find it or return your money, but you've left the door open for future business together.
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    greghansengreghansen Posts: 4,301 ✭✭✭
    Ask for your money back and let him know when he find it, you'll send it back along with another $100. When he needs the money he will find it. Right now he's got the money and the item...why should he be in a hurry to find it. Your an enabler.image

    Greg Hansen, Melbourne, FL Click here for any current EBAY auctions Multiple "Circle of Trust" transactions over 14 years on forum

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    FlatwoodsFlatwoods Posts: 4,270 ✭✭✭✭✭
    You are either much more patient or much more affluent than I am.

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    DIMEMANDIMEMAN Posts: 22,403 ✭✭✭✭✭

    No excuse whatsoever!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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    llafoellafoe Posts: 7,220 ✭✭
    I wonder how many other people are protecting his stellar reputation?
    WANTED: Cincinnati Reds TEAM Cards
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    DentuckDentuck Posts: 3,834 ✭✭✭✭
    Presumably you'll see him in Chicago, at the ANA World's Fair of Money? Drop him a line, tell him you plan on being at the show, and you'd be happy to stop by his booth to pick up the [item description redacted for security purposes], and would Wednesday morning at 10:00 work for him?





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    PerryHallPerryHall Posts: 47,537 ✭✭✭✭✭


    << <i>Four figures, 12 months and he cashed the check?
    You have every right to be upset. At this point a veiled threat to out him would not be out of line, IMHO.
    TD >>



    Agree with Tom. Do you give all dealers interest free loans? Do you frequently buy and pay for a coin that a dealer doesn't have?

    Worry is the interest you pay on a debt you may not owe.
    "Paper money eventually returns to its intrinsic value---zero."----Voltaire
    "Everything you say should be true, but not everything true should be said."----Voltaire

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    drwstr123drwstr123 Posts: 7,053 ✭✭✭✭✭
    Send me a check and....I'll ship you something in about a year.
    Thx.
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    llafoellafoe Posts: 7,220 ✭✭


    << <i>You are letting fear control you. You are afraid to piss him off and not get possession of the coin. Well guess what you don't ahve the coin and on top of that he has your money and for some time now. I would be pissing him off in order to make sure I get the coin by threatening to out him here. he doesn't want to lose his good name, and that will happen if after all this time you don't receive the coin. And what if he is waiting on a better offer to come along, so the sooner you do this the hard way the sooner you will really get the coin. So lets get ready to rumble and don't let fear screw you up, right now he should be fearing you and what you will do to him. >>



    Down boy! image

    image
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    TPRCTPRC Posts: 3,817 ✭✭✭✭✭
    I don't care who you are and what coin it is, twelve months is too long.

    Tom

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    MsMorrisineMsMorrisine Posts: 39,490 ✭✭✭✭✭
    How about asking everyone another question:


    You sell an item worth 4 figures.
    The check has been cashed.
    It's been over 6 months and the item has not been located.


    What would you do?



    I'd be tearing the place apart trying to find the thing hoping I hadn't lost it or had it stolen.

    If, after tearing for 1 month, the thing still has not been located, I'd return the money and offer to sell the thing to the person at the agreed upon price if it ever turns up.


    Current maintainer of Stone's Master List of Favorite Websites // My BST transactions
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    ZoinsZoins Posts: 34,482 ✭✭✭✭✭


    << <i>lets get ready to rumble >>

    Never thought I'd hear this from Realone ... but I'm pleasantly surprised image
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    BAJJERFANBAJJERFAN Posts: 31,626 ✭✭✭✭✭
    Sounds like he has your $$$ and MAYBE your item. I think you might be SOL on both counts.
    theknowitalltroll;
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    Kindly give him a timeline you would like delivery of the item or your funds returned. Stick to it.
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    LindeDadLindeDad Posts: 18,766 ✭✭✭✭✭
    Sounds like this guy does not deserve the rep he now has.
    And you want something too much.
    image
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    USMoneyloverUSMoneylover Posts: 1,672 ✭✭✭
    I would be trying to get proof via tape that he admits to having your check and that he still hasn't delivered said item. Not really sure how you would prove he hasn't delivered the item to the law if it went that far.
    Finest Coins and Relics
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    crypto79crypto79 Posts: 8,623
    I bet the item is already sold to someone else, go into recover mode of your cash
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    LakesammmanLakesammman Posts: 17,669 ✭✭✭✭✭
    Other than the check, is there any paper trail??

    "My friends who see my collection sometimes ask what something costs. I tell them and they are in awe at my stupidity." (Baccaruda, 12/03).I find it hard to believe that he (Trump) rushed to some hotel to meet girls of loose morals, although ours are undoubtedly the best in the world. (Putin 1/17) Gone but not forgotten. IGWT, Speedy, Bear, BigE, HokieFore, John Burns, Russ, TahoeDale, Dahlonega, Astrorat, Stewart Blay, Oldhoopster, Broadstruck, Ricko, Big Moose, Cardinal.
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    llafoellafoe Posts: 7,220 ✭✭


    << <i>Sounds like this guy does not deserve the rep he now has.
    And you want something too much.
    image >>



    We always preface our wise sayings with... "Confucius says..."

    Confucius always prefaced his wise sayings with... "Linde says..." image
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    CoinosaurusCoinosaurus Posts: 9,652 ✭✭✭✭✭


    << <i>Ask for your money back and let him know when he find it, you'll send it back along with another $100. When he needs the money he will find it. Right now he's got the money and the item...why should he be in a hurry to find it. Your an enabler.image >>



    Bingo. I knew I would get some good advice here. I'm gonna go this route, I think it is the best way for both parties to get what they want without unncessarily inflaming the situation.

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    CoinRaritiesOnlineCoinRaritiesOnline Posts: 3,689 ✭✭✭✭
    Is he/she a PNG member? All PNG members have to agree to binding arbitration -- a good thing in situations like this.

    I agree with some of the posters above: give him/her a timeline and then stick to it.
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    CoinosaurusCoinosaurus Posts: 9,652 ✭✭✭✭✭


    << <i>I would be trying to get proof via tape that he admits to having your check and that he still hasn't delivered said item. Not really sure how you would prove he hasn't delivered the item to the law if it went that far. >>



    I don't think it will come to that, but it would be easy enough to hit the voice record thing on my cell phone the next time I talk to them. Probably not a bad idea, just in case.
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    SamByrdSamByrd Posts: 3,131 ✭✭✭✭


    << <i>Your behavior makes no sense. The guy has had your money for a year and isn't responding to your calls.
    At this point, you are very unlikely to get the item you paid for and, unless you assert yourself, you won't get your money back either.
    I'd raise hell. >>



    I agree. In fact I would not be at all as forbearing. I would expect the item or a refund without any delay after 14 days from the date they cashed the check. If a person or company has not performed for one year what expectation do you have that they will at all , zero or less is my guess. You should for certain out this company if they have made the choice to cash your check and not deliver your item people need to be warned about them. Be assured you are not the only person they have done this too.

    I would be very much on there tail's about this. The BBB and the 2 major news groups would have the account of this transaction. I would then make sure they are aware that any steps that are possible to enforce the contract would be taken. You need to be aware if you wait for 2 years some states do not allow you to pursue this in small claims court.

    Good luck on a positive result I hope you get the item you have been waiting for so patiently or at least a refund.
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    stmanstman Posts: 11,352 ✭✭✭✭✭


    << <i>

    << <i>Ask for your money back and let him know when he find it, you'll send it back along with another $100. When he needs the money he will find it. Right now he's got the money and the item...why should he be in a hurry to find it. Your an enabler.image >>



    Bingo. I knew I would get some good advice here. I'm gonna go this route, I think it is the best way for both parties to get what they want without unncessarily inflaming the situation. >>



    An extra 100.00 for holding your $$$$$ for a year and won't answer your calls, And NOW give a time line?image
    Be sure to bring him a bottle of cold water and a sandwich at a show as well.image Please don't hurt his reputation, so he can possibly do this to someone else. Hahah
    Please... Save The Stories, Just Answer My Questions, And Tell Me How Much!!!!!
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    stevekstevek Posts: 32,357 ✭✭✭✭✭
    Very simple - Send him a letter stating if you don't receive your money back in 10 days, you will file suit in small claims court...and if you don't receive your money back, then do it.
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    PerryHallPerryHall Posts: 47,537 ✭✭✭✭✭
    If this dealer blows you off, make sure you let us know who he is. Sounds like the type of dealer that I want to avoid.

    Worry is the interest you pay on a debt you may not owe.
    "Paper money eventually returns to its intrinsic value---zero."----Voltaire
    "Everything you say should be true, but not everything true should be said."----Voltaire

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    al410al410 Posts: 2,435 ✭✭✭✭
    Kinda reminds me of Ebay feedback system, most people who are not happy don't want to rock the boat so they just leave positive feedback.

    "I have left a couple voicemails with no response." I guess it is just me but regardless who the dealer is that just does not sound acceptable.
    AL
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    291fifth291fifth Posts: 25,185 ✭✭✭✭✭
    You need to take action to get your money back ... now. Forget the "unique item."
    All glory is fleeting.
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    RussRuss Posts: 48,514 ✭✭✭


    << <i>I don't want piss this guy off too much because I really want the thing I am trying to buy & he is the only one that has it. >>



    Allegedly has it.

    Russ, NCNE
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    BryceMBryceM Posts: 11,933 ✭✭✭✭✭
    Are you actually serious?

    This guy's reputation is worth four figures of YOUR money? Why would you think that?
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    krankykranky Posts: 8,709 ✭✭✭
    I don't see anything wrong with asking for a refund with the understanding you still want the item when he eventually locates it. But I sure wouldn't throw in another $100.

    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.

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    LindeDadLindeDad Posts: 18,766 ✭✭✭✭✭
    BTW guys four figures cases are not handled in most small claims courts.
    image
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    bidaskbidask Posts: 14,057 ✭✭✭✭✭


    << <i>I am going to change some of the details, because I don't want to make everything public.

    About 12 months ago I sent dealer X a large check for a nearly unique item, which I am not going to describe.

    Dealer X is fairly well known in the biz.

    Said dealer has not acknowledged receiving the check in writing but it has been cashed. I have spoken with the dealer at a show, he said he received the check and is "looking" for the item, it is in warehouse "somewhere."

    I don't want piss this guy off too much because I really want the thing I am trying to buy & he is the only one that has it. It is the kind of thing that will never appear at auction and is only traded to insiders, and very rarely at that.

    On the other hand, he has my dough (4 figures) and is sitting on it without much apparent action.

    I have left a couple voicemails with no response.

    Where do I go from here??

    Even if the deal goes bad, it is unlikely I would out them, becasue I have a certain respect for their reputation. So that is not in the equation. >>

    I suggest you wait another 12 months and politely ask him again since you have so much respect for him.
    I manage money. I earn money. I save money .
    I give away money. I collect money.
    I don’t love money . I do love the Lord God.




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    SonorandesertratSonorandesertrat Posts: 5,695 ✭✭✭✭✭
    I just hope and pray that I never allow my sense of 'numismatic lust' to get the better of me and enable a dealer to grab me by the short hairs.
    Member: EAC, NBS, C4, CWTS, ANA

    RMR: 'Wer, wenn ich schriee, hörte mich denn aus der Engel Ordnungen?'

    CJ: 'No one!' [Ain't no angels in the coin biz]
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    roadrunnerroadrunner Posts: 28,374 ✭✭✭✭✭
    A well-respected and well-known dealer dragged me along on 5 figures for longer than a year. Like your dealer, he was a "good" guy with 20 yrs in business and a member of most
    every major numismatic organization. He would almost never return my phone calls and it took me calling him to get in touch with him. As the months dragged on I didn't want to tee him off and then have him hold my remaining money hostage. He kept saying he was good for it and I would be well-rewarded for my patience. That was all swell until the day he declared bankruptcy. And that was the end of my 5 figures. His "reward" to me for my patience was to not declare me as a creditor in the proceedings. So it wasn't until long after the bankruptcy was over that I even knew he went out of business.

    If I was in your shoes I'd be more interested in the return of my money than holding out for a coin, esp. in this economy where many dealers are teetering on the brink.
    Sounds like your helping to fund his business with a zero interest loan. If he's a member of any major organization (PNG, ANA, ICTA, etc.) at least a phone call to them might
    help evoke a response. And yes, you'll tee him off, but who cares at this point? You are apparently not a valued customer of this guy. Been there, done that, ate it.

    roadrunner
    Barbarous Relic No More, LSCC -GoldSeek--shadow stats--SafeHaven--321gold
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    Walkerguy21DWalkerguy21D Posts: 12,100 ✭✭✭✭✭
    Definitely a bizarre situation, and I think you have been way more than patient. If after one month of no coin (or whatever it is), I would have been going the route of 'please refund my $$, and when you find it, I will gladly send you another check'.

    I also really like ms. morrison's take on it, from the dealer's perspective.....that is what SHOULD have been done, if the guy was truly respectful of his customers!
    Successful BST transactions with 177 members. breakdown, scotty1419, mattniss, bigjpst, onlyroosies, Manorcourtman, guitarwes, Ebeneezer, Tonedeaf, Shane6596, Piano1, Ikenefic, RG, PCGSPhoto, stman, Don'tTelltheWife, Boosibri, Ron1968, snowequities, VTchaser, jrt103, SurfinxHI, 78saen, bp777, FHC, RYK, JTHawaii, Opportunity, Kliao, bigtime36, skanderbeg, split37, thebigeng, acloco, Toninginthblood, OKCC, braddick, Coinflip, robcool, fastfreddie, tightbudget, DBSTrader2, nickelsciolist, relaxn, Eagle eye, soldi, silverman68, ElKevvo, sawyerjosh, Schmitz7, talkingwalnut2, konsole, sharkman987, sniocsu, comma, jesbroken, David1234, biosolar, Sullykerry, Moldnut, erwindoc, MichaelDixon, GotTheBug
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    NapNap Posts: 1,771 ✭✭✭✭✭
    Perhaps we are failing to read between the lines here. I'm gonna bet that this is not a straightforward "I pay you, you send coin" transaction.

    I bet that
    1) There is no paperwork that says that anyone will deliver X item for payment of X dollars.
    2) The item is not a typical coin that was negotiated. I imagine it is exonumia and suspect it may be something controversial. Perhaps even something illegal?
    3) The amount of money involved is less important than we think, and represents a small amount compared to the cost of losing business or good standing with this individual.

    If these are the case, the typical solutions of demand item/refund or else I'll sue you really don't apply. I think some verbal finesse may be more in order. Exerting pressure through other means may prove more effective, such as involving a third party. A certified letter would at least start a paper trail if you want to go that route. Perhaps you could offer to take other merchandise for now for the monies received until this said item turns up.

    You have already taken off the table besmirching his name, which most of us would have no problem doing, which makes me think there is more to the story than you are willing to tell. Good luck!
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    AnkurJAnkurJ Posts: 11,375 ✭✭✭✭
    Give him one more chance. If no item or refund, have a lawyer send him a letter. Contact PCGS, NGC, the ANA etc. Alert show promoters where he sets up.

    I guarantee you'll get a response. I would have raised hell after one month.
    All coins kept in bank vaults.
    PCGS Registries
    Box of 20
    SeaEagleCoins: 11/14/54-4/5/12. Miss you Larry!
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    JamesMurrayJamesMurray Posts: 4,036


    << <i>I wonder how many other people are protecting his stellar reputation? >>



    Interesting comments , i think of all the above is what i take from this thread.
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    SamByrdSamByrd Posts: 3,131 ✭✭✭✭


    << <i>BTW guys four figures cases are not handled in most small claims courts.
    image >>



    many states have small claims limits of over 4 figures at least 10. New Mexico and Illinois are 2 that have 10k limits. It is rare that superior court is a good option for lower value claims as it typically cost far more then small claims court as you need a lawyer for some aspects of that. image
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    TwoSides2aCoinTwoSides2aCoin Posts: 45,035 ✭✭✭✭✭


    << <i>I wonder how many other people are protecting his stellar reputation? >>


    The OP respects the reputation of the party with whom he's dealing. There can be no logical advice given because it's too bizarre.
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    deviousdevious Posts: 1,690
    roadrunner is spot on. Pay attention to what he said. Don't sit on this any longer.
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    BochimanBochiman Posts: 25,790 ✭✭✭✭✭
    I don't think there is enough information given to help the OP.
    From only the information given, the OP is being naive/stupid in this transaction.

    Getting the money back is the first, and foremost thing that should happen in absence of immediate delivery of the item.

    And, to not "out" someone acting in this regard is to potentially allow others to be taken advantage of as well. Maybe he has done this before and others were too afraid to "out" him, so you got taken....have you thought of that?

    I'm hoping the person isn't a crook, but just as a dealer shouldn't wait for months for a collector to pay (unless they have an agreed upon contract/discussion on a payment plan/date), then a collector shouldn't wait that long on a dealer, once the dealer has been paid in full.

    You are likely too much of a nice guy and you are being taken advantage of and, as Greg said earlier, you are being an enabler.
    Sorry, but no respect for you on this one.
    Man up, get your money back, and if you want the item so bad, have one of the dealer bulldogs get it for you and pay them for their effort. I really doubt they will allow someone to just hold their money for that long.

    I've been told I tolerate fools poorly...that may explain things if I have a problem with you. Current ebay items - Nothing at the moment

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    LindeDadLindeDad Posts: 18,766 ✭✭✭✭✭


    << <i>

    << <i>BTW guys four figures cases are not handled in most small claims courts.
    image >>



    many states have small claims limits of over 4 figures at least 10. New Mexico and Illinois are 2 that have 10k limits. It is rare that superior court is a good option for lower value claims as it typically cost far more then small claims court as you need a lawyer for some aspects of that. image >>



    Only 10 out of 50 still means most to me.
    image
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    BaleyBaley Posts: 22,663 ✭✭✭✭✭
    you want advice? send him a link to this thread. If (when) his name gets out (and it will) his "reputation" is going to take an irreparable hit if he doesn't make you whole immediately with the coin or a refund, AND, either way, a hellofa good explanation.

    a YEAR??image

    Liberty: Parent of Science & Industry

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