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PCGS Has Damaged My Coin

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SsuperDdave's Avatar
United States
23522 Posts
 Posted 11/19/2013  08:54 am  Show Profile   Bookmark this reply Add SsuperDdave to your friends list Get a Link to this Reply

Quote:
Now I am not sure whether I need to take the above quote from Don Willis as a threat, or if it is the usual bully tactics of a big corporation?


Don Willis is an officer of a US corporation. As such, he is bound by law to demonstrate fiduciary responsibility to his corporation. In America, today, that concept of "fiduciary responsibility" is not popularly construed to include questions of customer service or employee relations - only numbers, not people. If, in his (or PCGS' as a whole) judgement, it costs the company less to tell you to go pound sand than it would to make you whole, it's his duty to do that.

And quite frankly, they see you and this incident to be something which will not dent them nearly as much as your coin was in the long run. They're so sure of their superior position in the industry that they don't have to consider the small people.

One other consideration - and I'm not saying this as an accusation; I don't consider it to be true - there's always the thought in their mind that you knew the coin was sent in undervalued all along. If that were actually the case (even though, as has been said, it wouldn't really have saved you any significant money so you've no motivation to do it), I myself would have advised them to leave you out in the cold.
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BStrauss3's Avatar
United States
4594 Posts
 Posted 11/19/2013  11:46 am  Show Profile   Bookmark this reply Add BStrauss3 to your friends list Get a Link to this Reply
I am not a lawyer and don't pretend to be one, nor do I know Australian law, but I believe it has similar origins in British Common law. But I think PCGS has a wonderful case for defamation against you, which Mr. Willis is gracefully NOT pointing out...

http://www.law.uts.edu.au/comslaw/f...amation.html


Quote:
In order to bring a defamation action a plaintiff must show three things.


Quote:
Firstly, the material must have been published, which in this context means that it has been communicated to someone other than the aggrieved person. ...
Done


Quote:
Secondly, the person aggrieved by the publication must have been identified by that publication. ...
Done


Quote:
Finally, the material published must be defamatory. If the published material:
1.exposes a person to ridicule, or
2.lowers the person's reputation in the eyes of members of the community, or
3.causes people to shun or avoid the person, or
4.injures the person's professional reputation, then the published material is defamatory.
Done


Quote:
The defamation law recognises a number of circumstances in which the interest in the material being published outweighs the potential damage to a reputation.
which is where it gets fun and expensive, showing that your claims met one of the specific circumstances... and since everyone (yourself included) agrees the coin was submitted as being worth $15 and by contract that's all you were entitled to it's not a big leap to jump to malice.
-----Burton
50+ year / Life / Emeritus ANA member (joined 12/1/1973)
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Owned by three cats and a wife of 40+ years (joined 1983)

Author: 3rd Edition of the Sample Slabs book, https://www.sampleslabs.info/
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serial's Avatar
Australia
539 Posts
 Posted 11/19/2013  12:11 pm  Show Profile   Bookmark this reply Add serial to your friends list Get a Link to this Reply
you know you are right you are not a lawyer and neither am I but I do have an above average understanding of tort law in Australia
a defence in defamation is truth in statement. I can prove all I have said and I have kept things factual unlike you
some quotes
with regard to grading
"Seriously, if you can't learn to do this for yourself to some modest degree you aren't a collector (nor a numismatist) you are an investor - and a blind one at that"
"Yes. Why do you think PCGS works through dealers? Otherwise any old fool could submit coins"
oh here is your legal advice
"Now the dealer is an independent contractor, your recourse - if any - is with him/her and his/her insurance"
you even guide me how to do it in one of your post
"OPs abject refusal over 11 days now to accept that any of the blame falls to the dealer has me wondering about the veracity of any statement made"
before you even had a chance to hear the full story you have been deflecting blame from PCGS to the dealer and even question the veracity of my story and my ability as a collector. now you drew legal conclusions about my conduct based on information you got from a fact sheet you googled?
and just to repeat the dealer made good on his part in this
Edited by serial
11/19/2013 12:44 pm
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basebal21's Avatar
13014 Posts
 Posted 11/19/2013  12:42 pm  Show Profile   Bookmark this reply Add basebal21 to your friends list Get a Link to this Reply
Youre original statement wasn't exactly forthcoming to be honest. There were some major important details missing which is what Strass's point was.

Really what it comes down to is its like insuring you're 300k house for 36k (about 12 percent like here) having it ruined and asking for a full pay out. I honestly don't think making all the threads was the best way to approach it since your dealer seems to have righted the wrong rather quickly.

As far as Willis is concerned you're another customer of 100s of thousands. What is it that makes your case worthy of special treatment is the question that really has to be answered. Things have happened to other people in the past who got stuck with the policy outcomes. If special treatment were to have happened it would have been privately because of the fact a lot of people use them.

It really doesn't have to do with shareholders other than the fact they have a duty to abide by their stated policies and contracts. Situations like this are why they exist. They don't exist for when things go smoothly. Once you go public though and leave out that the they were submitted in a way to skirt their fees their sympathy becomes non-existent. People try and scam them all the time, if they just took every thing at someone's word and bent over backwards for it they might as well just close their doors.

I didn't see anything threatening about their statement, just kind of the unfiltered truth. In the end it's good the dealer made the situation right for trying to scam them.
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serial's Avatar
Australia
539 Posts
 Posted 11/19/2013  12:55 pm  Show Profile   Bookmark this reply Add serial to your friends list Get a Link to this Reply
I truly don't believe that the dealer profited in any way by reducing the listed value of the coin. he has made good on the short fall without the need for me to do what BStrauss3 was pushing and take him to small claims. my issue now is in how PCGS dealt with this problem (cancelling the cert) and that they damaged the coin
the title is "PCGS has damaged my coin" for god sakes
it will happen again and maybe next time they will deal with the situation differently given how I have reacted
enough said, if PCGS wants to find me they have my details but I think this subject has run its course
feel free to discuss it further but I have informed everyone of what happened and that's all I can do now
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Conder101's Avatar
United States
17884 Posts
 Posted 11/19/2013  1:16 pm  Show Profile   Bookmark this reply Add Conder101 to your friends list Get a Link to this Reply
Great, of course it could still cost you tens of thousands of dollars to prove your statements in court.


Quote:
bottom line is, THEY DAMAGED MY COIN!
I want a replacement coin of equivalent grade and there is one out there (look at population report), they just have to go look for it to make me whole

No one denies they damaged your coin, but under the contract they do NOT have to replace it with a coin of equivalent grade. They can do that or they can pay you the value of the coin, but they are not liable for more than the value declared on the invoice. That is the contract you agreed to. If you didn't sign the agreement then you don't have a contract with PCGS and they could be seen to be liable for nothing.


Quote:
What people need to take from this is that it would appear that PCGS can cancel a coin's cert's without consulting/advising the owner

Without consulting? You said you talked with them for a month. They asked for the coin back, apparently more than once, you refused to return it and insisted on knowing what the compensation would be, they said $15 (their offer of compensation) which you refused and they washed their hands of it and since they had satisfied the guarantee by offering compensation they cancelled the certification number. You were consulted.
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SsuperDdave's Avatar
United States
23522 Posts
 Posted 11/19/2013  1:20 pm  Show Profile   Bookmark this reply Add SsuperDdave to your friends list Get a Link to this Reply
There is no defamation case anywhere in this whole event. It's ridiculous to even mention. The burden of proving a true statement to be defaming is near-impossible in the US, and if anything even tougher in Australia since the passage of the Defamation Act 2005, especially if you're a corporation.

I would agree that this is an appropriate time for you to ride into the sunset, serial, at least as regards this thread. If you make statements concerning this incident in the future, please hold to the specific facts; they're impactful enough without embellishment. I will allow the thread to continue, but it's going to be watched closely.
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serial's Avatar
Australia
539 Posts
 Posted 11/19/2013  1:41 pm  Show Profile   Bookmark this reply Add serial to your friends list Get a Link to this Reply
will do
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CoinDan98's Avatar
United States
1053 Posts
 Posted 11/21/2013  8:16 pm  Show Profile   Bookmark this reply Add CoinDan98 to your friends list Get a Link to this Reply
Wow, interesting story.
New Member
United States
17 Posts
 Posted 11/23/2013  09:30 am  Show Profile   Bookmark this reply Add 19Lyds to your friends list Get a Link to this Reply

Quote:
Not that I can now sell it anyway as they have cancelled the certificate.
OK. Enough already.

The cert number for your coin has not been "cancelled", it simply is not displayable.

Really Serial, since you raised an issue with the coin and provided PCGS with pictures of the damaged coin within the slab, what are they to do if not restrict access to the certification number?

To me, you sound like a "difficult" customer that is looking for a commitment from PCGS on a value for your coin. You consistently state that PCGS is being "cagey" about your returning your coin to them and that you feel once they do get the coin, they'll only pay you $15? Think about it? The coin in MS64, which they graded it as, has a published value close to $500. Why would you even think that they would only pay you $15 for it? Perhaps because you were trying to get the Ops Manager to "commit" to a dollar value? S/he can only go by what the declared value might be and truth be told, lots of folks minimize the declared value on their coins to avoid higher costs. PCGS knows this but it does not prevent them from properly grading the coin which is where the true value is.

My advice is to send the coin back so that they can examine it and then offer you a "true" settlement.

The way that works is once they determine who damaged the coin, which is obvious that they did from your photographs, then they'll make you an offer via email. Usually that offer amounts to either buying the coin outright at 'Fair Market Value" or they'll reslab it with a Genuine Damaged label and offer you the difference in value which would amount to Fair Market Value for an MS64 minus the FMV of the coin in the Genuine Slab.

Bad mouthing PCGS due to your lack of knowledge on how to proceed AND pressuring folks, who have no idea what the value of the coin might be, into a firm price is NOT the way to proceed as you'll only shoot yourself in the foot.

From what I have read, had this occurred with any other grading service, you would still be in the same boat.
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United States
17 Posts
 Posted 11/23/2013  09:38 am  Show Profile   Bookmark this reply Add 19Lyds to your friends list Get a Link to this Reply

Quote:
Regardless of how we can justify their reasoning, the OP got screwed.
The OP is only screing himself by not returning the coin for a proper settlement.

PCGS doesn't know him from Adam and the OPs Manager, who BTW is NOT the one which approves Buyback Values, was out of line. He should have stated that the buy back would have been "fair market value".

Often times, I have sent coins in with a declared value that was far lower than what the coin actually graded. It happens all the time BUT it does NOT affect the Fair Market Value of the coin and to suggest otherwise is just foolish.
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United States
17 Posts
 Posted 11/23/2013  09:51 am  Show Profile   Bookmark this reply Add 19Lyds to your friends list Get a Link to this Reply
jdmern:
Quote:
At this point, I am sure that any avenue of resolving this positively with PCGS has dried up and that the only action would be with the dealer who submitted.


PCGS guarantee's their grades regardless of any specific time frame. All that Serial has to do is send the coin back to PCGS so that it can be examined and a proper settlement offered. It's that simple and the cert number has not been cancelled, it simply is not available for public viewing.

As for the dealer, I don't think he chiseled or cheated anyone with a $15 declared value. He probably had no idea WHAT the value was!
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SsuperDdave's Avatar
United States
23522 Posts
 Posted 11/23/2013  09:59 am  Show Profile   Bookmark this reply Add SsuperDdave to your friends list Get a Link to this Reply
What part of


Quote:
IN NO EVENT SHALL THE TOTAL LIABILITY EXCEED THE DECLARED VALUE OF THE COIN


....are you missing?
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United States
17 Posts
 Posted 11/23/2013  10:13 am  Show Profile   Bookmark this reply Add 19Lyds to your friends list Get a Link to this Reply
Serial:
Quote:
its still up on collectors universe
and PCGS are aware of this thread now
Please point out where PCGS is aware of it?
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United States
17 Posts
 Posted 11/23/2013  10:15 am  Show Profile   Bookmark this reply Add 19Lyds to your friends list Get a Link to this Reply
Serial:
Quote:
I want a replacement coin of equivalent grade and there is one out there (look at population report), they just have to go look for it to make me whole
Your naivety is showing. What makes you think that the owner of said coin is willing to sell it to PCGS just to make you whole?
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