I've looked at a number of raw $3 princess over the last few years - every one of 'em was a problem coin. Almost all were cleaned. Many had scratches, graffiti, polish, etc. The reason they're raw is they won't pass muster at the top TPGs. There are no cheapo $3s in any decent grade. Not a good place to look for a "steal". Those who want quality, ante up.
CTA - look? He bought it from a seller on Ebay. How do you "take" it back to a seller on Ebay except by emailing them? But he's already said emails go unanswered and I know of no other way, unless the seller also has a retail outlet and you are willing to travel to where that outlet is. Ribbit :smile
If they refuse to answer your emails then your choices are certainly limited. But there is one thing you could do - selling counterfeits as genuine items is illegal. It is a crime and they could be prosecuted for it. Question is if you are willing to go through all that.
Yeah the only hole in that is As I remeber the seller sold it mentioning that the don't know anything about coins and they can't say if its real or not. Oddly enough They seem to sell coin pretty often. As the seller mentions it is one of the items like sell on ebay in there profile info. I have nothing better to do with my time these days so I hink i will keep hounding them.
It doesn't matter if he knew it was a counterfeit or not. Legally, at least, you should be entitled to your money back.
US Code? im gonna look online to see what I can find. Edit to update: I found a web site about laws of counterfeits but i don't know hat Code to look for.
I don't know what the time limit would be for that, but I suspect it would be several years, at a minimum. Best of luck.
Update, the seller wrote me back and told me they dont care, its been to many years and there is no picture proof that the coin I have is the same they sold me, Odly enough I myself only own one 2 1/2 of the year in question. So I told them I will see them in court if it has to go there. If its not going to cost me a arm and a leg. I Beleive that in case's like this, All cost's including the coins selling price would be paid if I win the case. So if I win the case I loss nothing at all but time. I guess I will have to see what they say next. Im pretty sure im heading to court over this.
Oldman, Please keep me updated how you are addressing this. I'm obviously in a similar boat here(except my purchase was a month ago). thanks, John
All you have to do is prove that in all the years that have passed you have never bought or sold another quarter eagle like that one ([sarcasm on] I'm sure they will be happy to take your word for it. Oh you have records? can you show with certainty that these are ALL of your records?[sarcasm off]), and prove that that specific coin is the exact same one (even if it has been removed from his original holder) that he sold to you.
I talked to my lawyer today. He told me that I actually have a stronger case. Then I thought as Ebay transaction like this have been getting a lot of attention in resent past as well do to the fact that every gold coin I own has been purchased with the same credit card over the past 10 years. I have never sold one. Only bought, So I would have to bring them to court with me. No problem. Now I Just have to gather all my Credit card info and paypal history and bring it to him. Again NO PROBLEM. Then of course I will need to go to a coin dealer with the coin again to get another letter headed statement saying the coin is fake/ counterfeit again No problem. My lawyer also said That I should Sue the seller for everything it costs me including all costs obtained in my efforts the coin checked out and to get my money back. In short this is going to cost the seller close to 10 grand after all is said and done if not more. The seller could avoid this if the just refunded me $250.00 the cost of the coin. But after my lawyers fee's transportation , fees for proof of the coin not being authentic. Then he said there is also the fact that I have been trying to contact this seller so many times over the years. Which I have copy's of emails of about 6 attempts not including the latest attempts. My attorney also collects coins. He said he has a little extra interest in this a case for that reason. I guess I will finish my phone calls to the credit card company and print my paypal history then of course take notes on all my gold coins. Then sit down put everything together with and send it to the seller. lol
WOW! It is encouraging to me to know that you have a decent shot at this. I can provide similar supporting evidence. I'm not sure if it is an issue, but the only ground the seller has to stand on is the fact that the coin he sold to me was originally in a bezel. He's used this in all his arguments, stating that I had "altered" the coin by removing it from the bezel. The truth is that the coin was not soldered to the bezel, so the coin and bezel were two seperate entities(IMHO). The bezel was soldered on itself, so once I clipped the solder mark, the coin slipped right out. JB
Of course he is going to tell you that you have a strong case. If he told you that you have no chance of winning you wouldn't pay him $XXX per hour to represent you. Remember that the only way the seller will pay your attorney's fees is if you win. If you lose those fees are all on you. Are you willing to spend several thousand dollars to try to collect $250? (I am not.) Is the seller located in your city? If he is out of town - or out of state - get ready for the tried and true tactics of the seller's attorney obtaining a continuance at the last minute so that you incur travel costs and attorney's fees travelling to a scheduled court date only to have it continued. (Been there. Done that.) That is a very effective way for the seller to make it VERY expensive for you to pursue your claim against him. Good luck and keep us posted.
While I believe that a seller should have to issue a refund on a counterfeit coin, I simply don't see how you will be able to PROVE it is the same coin in this particular case.
Mark, Presenting a purchasing history via credit cards, along with his collection in-person along with this countefeit coin (and it's associated reciept and/or eBay auction listing) would seem to me to make a reasonable argument. But you're right, evidence/proof will be key. All IMHO...Mike
Well its simple. My whole case rests on the fact that I went through all this to prove the seller is wrong for such a small amount of 250 dollars. I have tried to contact the seller about twice a year sence I bought it and they didnt bother reply until a few days ago. Now my personal point to the judge is, I have 50,000 dollars in gold coins with me at court that are all REAL. I take pride in my hobby and dont want and didnt intend to own a single counterfeit. Also I have a screen print out of the ebay listing, and for every coin I have bought from ebay costing me more the 100 dollars as I have only bought 71 coins on ebay altogether and out of that 33 cost me over 100 dollars. All will go hand and hand with my paypal records. So I do have plenty proof that I got the coin from this seller. That print has the picture in color and all the sellers discription with all the dates and info of that sale. So I do have a picture of the coin on paper to compare the coin to. The seller know's I have this print out. I have told them more then once over the years. No also I am going to make it a point for the jugde to consider. WHY WOULD I GO THOUGH all this for 250 bucks. Reason, the coin is counterfeit. I can not honestly resell the coin with out mentioning the fact its a counterfeit if at all becuase it is. The seller sold me as authentic. There of coure are a lot more details then just this. But I am pretty sure I have a strong case. Now this lawyer hasnt cost me anything yet as he and I have a past. Now again all im doing next ( for now ) is sending a picture of the coin and all the sales proof to the seller as well as proof of being counterfeit to the seller. With a note from my lawyer pretty much saying that if this is not enough proof for you, then be ready to go to court. If this seller has even a little vit of smarts about them. They will ask for the coin back and finally just refund me the money. Im not asking then for anything more then the cost os the coin and shipping.