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Replies: 76 / Views: 7,758 |
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Pillar of the Community
United States
4989 Posts |
The best approach here is probably small claims court. You can file a civil fraud complaint against that dealer and a date will be set for a hearing before a judge. It will be important at that hearing to have high resolution photos of the coin and expert documentation as to its value.
Before doing that, I would go to the dealer and let him know that you intend to file a complaint in small claims court if he does not return the merchandise.
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Pillar of the Community
United States
3283 Posts |
Go the BBB and lawsuit route. But there is something else while you wait for your court date. Something very effective. Picket in front of his shop, explaining to every potential customer what he did to your innocent mother. See how many days of no business it takes to convince this DB to give you store credit. If I lived near you I'd help with the demonstration. I know someone who did this and it took about 3 hours to get his money back.
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Moderator
 United States
16679 Posts |
This guy is a shyster and I would expose him any way you can. He knows what that coin is worth. Have him served, take him to small claims, and come to the courtroom with every bit of info on both coins. Chances are, the judge will side with the dealer citing, caveat emptor...hope I spelled that right.
swcoin.ecrater.com
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Pillar of the Community
United States
7629 Posts |
Not offering this to be boastful in any sense of the word, but I am an author on the subject, am an ANA member and am on the national registry of speakers for Lincoln Cent die varieties. I have a numismatic biography that includes having written the foreword to Q. David Bowers' book on Lincoln cents as well as two titles of my own. I am also the current President of the Society of Lincoln Cent Collectors. Believe me, there's more I could list to impress a judge (or a dealer) into understanding that I very well know what I'm talking about. If I can help with documenting this coin, explaining its merits, providing photographs, or any testimony to the effect, just let me know. Within reason I will provide anything I can offer pro-bono (basically meaning I can't cover travel expenses, but I can print photos, take photos, write letters, cover my end of mailing documents, coins, etc.) Oh...and for the record, what this cat did was purely wrong in every sense of the word, and I would do anything I could to help anyone yank him out onto the carpet by his hair. And to think I was in defense of the idea that he might have done this without malicious intent. What's wrong with me?
Edited by coppercoins 12/16/2010 01:17 am
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Pillar of the Community
United States
3283 Posts |
Quote: What's wrong with me?
I know you're not being completely serious but nothing is wrong with you. I believe it shows a great heart to assume the best in our fellow mankind. Also what you're offering coppertop is hugely generous and would make for a very short and positive court date. Slam dunk so to speak.
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Pillar of the Community
 United States
958 Posts |
So maybe he priced the coin $400 10-15 years ago when the discovery was first made? Maybe it was at one point worth alot more then current prices, and just said a price off the top of his head? I remeber when the State Quarter with the extra leaf in the corn was selling for $200+ on ebay now you see um around $50bucks if not less chances are not but it is a possiblity well , she being a old lady does not want to do anything about it. She said next time ill take my husband to do the selecting . I offered to help her call visa and file a dispute , then even a small claims court claim if need be. She just said it sounded like alot of work for just a couple hundred bucks and didnt want to be bothered with it Now all this was done to help her, but I never mentiond it to the hubby . I spoke with her in private when her hubby was not home the last few times. Hoping we could resolve it and not ruin his christmas present.Get a refund and maybe use it towards a real 55 dd in a lower grade maybe VG I see them on ebay for around the price.just so he atleast has the right coin to fill the spot in his book the last thing I think he wants is a christmans present turing into a legal battle, before christman I will wait till after christmas a day or so , when he officially opens the gift I'll print up some pictures of what a 55 dd looks like and literature on the 55-d dd and see what he wants to do. I hate to see them get ripped off, but I dont want to twist their arm making things right if they dont want me to. Ether way ill still report them to the BBB. BTW this is not IMO a real coinshop ,more like a we buy gold /silver place that popped up as of recent and just started buying diff types of coins and selling as a side buss. my prediction is when silver and gold falls the shop will prob be gone when the webuy rush is over
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Pillar of the Community
United States
4085 Posts |
Another avenue to pursue - around here, a couple of the local TV stations do a consumer watchdog segment where someone gets ripped off and they show up with cameras or try to resolve the problem. It's usually used as a consumer education segment but often the problem gets "magically resolved" as soon as the threat of cameras and business names gets involved.
With all the hysteria over the cash for gold shops right now, I think this would be pretty attractive to a TV station - i.e. "little old lady gets ripped off by a cash for gold place right before Christmas".
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Pillar of the Community
United States
7629 Posts |
Please try to remind her that she's not the only customer this guy has ripped off. People who are passive and do nothing actively hurt others because they did nothing. That coin was NEVER worth anywhere close to that money, even when it was discovered. I was purchasing them 20 years ago for $5. If anything their value now is higher than it has ever been in the past. I passed over one just once at a show because the dealer had the coin marked at $50 - but not because it was a doubled die. He had it marked that high because in his opinion the 2x2 holdered coin was MS67RD....actually far from it, but the price had nothing to do with the fact that it was a decent doubled die. I find in the neighborhood of 7 of those out of every 1,000 1955D cents searched. Comparatively, I fond about 10 examples of RPM#2 and 12 examples of RPM#4 in the same average number searched. I have never found a 1955 DDO searching through 1955P cents and probably never will. I have also never found an example of 1955P-1DO-002. So...relatively speaking, this doubled die is common, it has always been common, and it has never been valued in the hundreds of dollars save being in an MS68RD holder where it would be worth in the thousands, but not because of the doubled die.
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Pillar of the Community
United States
1027 Posts |
I'm with Stephan. Hopefully the dealer that sold the coin is an ANA member. As ANA members, we are bound to be honest and fair. That doesn't mean we can't overcharge, it does mean that we can't misrepresent or outright lie. Any ANA dealer should know exactly what "that 1955 double die thingy" means in no uncertain terms and should not have sold her anything else at any price without making it clear what was going on. We are not supposed to prey on our customer's ignorance.
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Pillar of the Community
United States
4989 Posts |
Perhaps the name/location of the store should be posted here. Someone can give him a call as a heads up so that he is free to respond to the allegation in an open forum. In that manner, we wouldn't be calling him out as a possible fraud without giving him ample opportunity to post his side of the story. Might help get that lady a refund. Thoughts?
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Pillar of the Community
United States
7629 Posts |
I was considering that, and was also considering the possibility of giving the guy a call myself...but I really doubt that would help much. I doubt this guy thinks he has anything to respond to, and I doubt he thinks one customer is important enough to bother with.
Additionally, this should all be done at the request of the actual person who was ripped off, and from the sound of things she doesn't want to do anything about it, which is sad.
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Pillar of the Community
United States
1081 Posts |
Perhaps to play devil's advocate, I think in order to judge the wrong here, you would need to know exactly what happened. You would need to determine whether the coin was already priced or if he gave her a price after stating her price range was $300-400. You would also need to know what exactly was said in the conversation. If I purchase a coin off ebay and bid way over it's market value, I can't later say to the seller, you defrauded me because I didn't now any better. IF the coin was already priced, I don't see it being fraud as you would have to prove intent to deceive, and having a stated price would make it really hard to prove that. If she did in fact rely on his expertise, then legally she may be able to recover on an implied warranty theory, but that would be hard to prove as well. I'm not posting this to say I in any way agree with what happened, but the woman doesn't seem to care that much. I think it was great you informed her and tried to right the wrong, but at this point, if she's happy with it, and he husband is happy with it, I think you should let it go and let them enjoy the present.
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Bedrock of the Community
United States
10284 Posts |
Until this coin and lady make it back to the shop to complain it cost her $400.00 this is all debatable. If she won't take it back, wait till Hubby gets it at Christmas. If this is his big present this year I would not want to see the expression on his face. After all he has all the other holes filled. He will know enough to see this isn't a Doubled Die 1955.
One time my wife thought she bought me an antique cast iron racer at a great price. It was a copy and pretty obvious to me. I sure wasn't going to burst her balloon on Christmas day and point that out but I found out who the dealer was and did my own complaining. He paid me back one way or another when I was done with him. What goes around does come around. If my racer car cost $400.00 I would have been rippin mad but it was only $50.00 or so, so later on I tried to hint to my wife about reproductions copies and fakes. As time goes by though Hubby is more likely to be stuck with this coin. She should act sooner than later and like I said earlier, why not show her this thread. It may convince her that a trip back to that dealer is the least she can do.
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Bedrock of the Community
United States
17884 Posts |
Quote:I remember when the State Quarter with the extra leaf in the corn was selling for $200+ on ebaynow you see um around $50bucks if not less I think you need to add a zero to the $50 price. You are thinking of the missing edge letter Washington dollars or the 1995 DDO cents. The extra leaf Wisconsin quarters are still quite costly.
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Pillar of the Community
United States
7629 Posts |
I'm not posting this to say I in any way agree with what happened, but the woman doesn't seem to care that much. I think it was great you informed her and tried to right the wrong, but at this point, if she's happy with it, and he husband is happy with it, I think you should let it go and let them enjoy the present.
I think this is a completely wrong approach. I understand the motive, and it's all well enough, but if this guy ripped her off, he's probably ripping a lot of people off, and not only does this directly hurt everyone he rips off, but it also hurts numismatics at large, because people who could have turned into major collectors are stopped dead in their tracks by crooks like him. He needs to be outed, he needs to be dealt with, and he needs to be somehow forced to stop doing this stuff to people.
Walking through life with blinders on is NOT the way to handle this, and the sooner the lady figures this out the sooner she will stop blindly allowing people who have done her wrong to continue doing other people wrong. All it would take is a couple dozen of the people he has ripped off to come back to him and at least threaten legal action.
I tried the benefit of the doubt thing here too, but after seeing his response to a phone call explaining the problem, I am convenced the guy is a slime ball and needs to be treated as such. He is doing his small part to ruin the hobby for others, and this ultimately affects everyone who deals in coins and sells information about coins.
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Replies: 76 / Views: 7,758 |