numismatist Posted December 19, 2012 Posted December 19, 2012 Just wondered ? as the Police, and Trading Standards try and define every crimethey can as a " Civil matter " Ive just found seller of my £310.00 Chinese 1763Northumberland Shilling , who vanished off Ebay for a year as soon as I foundout it was a fake, but has now just started selling again and by making a cheappurchase in another name, Ive got his full details, but all I get is threatsafter I wrote saying please refund or I will take the matter to Court saying" My Solicitor and I will see you in Court and sue you for Slander Ive neversold a fake ever " I cannot find out if hes sold other fakes, and he's over 100miles away, and it looks like I could end up having to go to his Court as he's notregistered as a Trader. Anyone know what the chance of winning is ? Quote
azda Posted December 19, 2012 Posted December 19, 2012 You'd 1st of all need to prove both are one Nd the same person and prove that the coin came from him. If he has the same address then its down to eBay also to Show what other username he had and also prove the coin was in fact fake which would me having it authenticated/ or not as the Case would be. It could take a while and a bit of cash, but if you're prepared for the stress then go ahead,but only if you're sure its the same person. His username would be good for others here. Quote
numismatist Posted December 19, 2012 Author Posted December 19, 2012 Thanks " Azda " there no doubt its the same person, but it would have been nice if it had shown up on his Ebay feedback that bought itfrom China , and I cannot see any other likely fakes on his Ebay Feedback,so it could be he got caught out and sold it quick on Ebay when hefound out . I will not give his Ebay name yet as I've just written tothe Police in his area (Preston Lancs)as someone has said they oftendo check out the person , but only seem to act if they have a criminalrecord as I suppose that makes it easier ?. I've added the actual Coinphoto, that I posted quite a while back. It has tell tale < marks comingfrom King George's mouth and the missing tops to the letters in GEORGIVSespecially the second " G " thats normally pretty well intact on genuine1763 Shllings. Quote
azda Posted December 19, 2012 Posted December 19, 2012 The warning signs should have came at the price you paid. £310 is fairly cheap if it were genuine. Quote
argentumandcoins Posted December 20, 2012 Posted December 20, 2012 Technically it is a civil matter and would require a small claims case. For the Police to be even remotely interested there would have to be some other aggravating factor eg sale of more than one fake etc.As things stand they will do nothing as it cannot be proven beyond reasonable doubt that the seller was aware that the coin was a fake at the point of offering it for sale.Your only option is Citizens Advice or a local solicitor to get the ball rolling for you. Quote
HistoricCoinage Posted December 20, 2012 Posted December 20, 2012 With something of such low value I'd not recommend a local solicitor. Your best best is to approach the CAB or just go straight to the Small Claims Court. Make sure you read up on all the papers though. Quote
Peter Posted December 20, 2012 Posted December 20, 2012 Don't get stressed out for £310...it really isn't worth it.Name and shame and what goes round comes round. Quote
Coinery Posted December 21, 2012 Posted December 21, 2012 Don't get stressed out for £310...it really isn't worth it.Name and shame and what goes round comes round.Def small claims it! If you don't get your money back, you can at least rest in the knowledge that, for a very small outlay, you've driven a painfull nail into their credit rating! That'll piss them off, one way or another, for a good many years!You could then always sell the debt on for £15 to a 'reputable' company and buy a couple of bottles of wine! Every sip of that you could think on the number of pain-in-the-arse letters that will get sent to his parents, employers, and posh new girlfriends house! Quote
Accumulator Posted December 21, 2012 Posted December 21, 2012 If you're serious about a small claim you shouldn't have to travel to the seller's local court unless it ends up with him wanting to defend himself in person. The simplest way is for you to use the internet based Court's Service at Money Claim Online.This service is actually handled through the Northampton Court and will only be transferred to a local Court if the defendant requires that. As part of the process, before reaching a judge in Court, you can both enter into mediation which, if your claim is justified and relatively straightforward, should result in an early settlement. With a bit of luck he'll just pay up before reaching that stage though. Quote
Coinery Posted December 21, 2012 Posted December 21, 2012 If you're serious about a small claim you shouldn't have to travel to the seller's local court unless it ends up with him wanting to defend himself in person. The simplest way is for you to use the internet based Court's Service at Money Claim Online.This service is actually handled through the Northampton Court and will only be transferred to a local Court if the defendant requires that. As part of the process, before reaching a judge in Court, you can both enter into mediation which, if your claim is justified and relatively straightforward, should result in an early settlement. With a bit of luck he'll just pay up before reaching that stage though.That's a superb bit of advice, and even better link, I didn't even know about that! Will be a useful website and service for everyone here! Quote
numismatist Posted December 21, 2012 Author Posted December 21, 2012 Many thanks all, will give some serious thought to having a go in thesmall claims on line Court . Its not the money that matters but thethought that some people get away with this time after time and neverget brought to book. Quote
Peckris Posted December 21, 2012 Posted December 21, 2012 Don't get stressed out for £310...it really isn't worth it.Name and shame and what goes round comes round.Speak for yourself! Quote
TomGoodheart Posted December 21, 2012 Posted December 21, 2012 Don't get stressed out for £310...it really isn't worth it.Name and shame and what goes round comes round.Speak for yourself!Indeed! I spent a lot less than that on my last coin ... Quote
Coinery Posted December 21, 2012 Posted December 21, 2012 Don't get stressed out for £310...it really isn't worth it.Name and shame and what goes round comes round.Speak for yourself!Indeed! I spent a lot less than that on my last coin ...What, THAT old washer? Quote
Debbie Posted December 21, 2012 Posted December 21, 2012 I have used Money claim quite a few times for late paying advertisers (customers), even on amounts as low as £40. Usually they pay up when you send them the link along with a final warning. Quote
numismatist Posted December 21, 2012 Author Posted December 21, 2012 Good idea that, worth sending link to MCOL website before actually proceeding, ive beenhaving a good look at that , suppose worst thing is if they dont pay up, things looklike they get more complicated. Quote
numismatist Posted January 16, 2013 Author Posted January 16, 2013 Hello all ...HAPPY ending....At first I got threats of Slander and heavy Court Costs.But I sent in my Money Claims Online Claim Form with my £35.00 Fee. He got the Claim onSaturday , sent email Sunday and money arrived by Postal Orders £350.00 that included theCourt Fee today (wed) so a good result after 2 years, because I could not locate himand Ebay Legal Dept refused to give his details..I kind of think he bought it believingit was Genuine, so I wont give his name, but he claims it came from Ebay Seller--------xxxcoinsxxx--- I think Staffordshire area, and ----xxxcoinsxxx------ shows up onthe " Give a buck Editorial " thats shows photos of many Fake 1763 Shillings he has seenAttached Photos of my FAKE in case it surfaces again..thanks for all the advice Reverse on Next Page..........as to many K........... Quote
numismatist Posted January 16, 2013 Author Posted January 16, 2013 and heres the Reverse of my Fake ( now refunded ) Quote
Colin G. Posted January 16, 2013 Posted January 16, 2013 and heres the Reverse of my Fake ( now refunded )Great result, well done you, it makes it so much easier when they do the "right thing".........in the end Quote
Sword Posted January 16, 2013 Posted January 16, 2013 Hello all ...HAPPY ending....At first I got threats of Slander and heavy Court Costs.But I sent in my Money Claims Online Claim Form with my £35.00 Fee. He got the Claim onSaturday , sent email Sunday and money arrived by Postal Orders £350.00 that included theCourt Fee today (wed) so a good result after 2 years, because I could not locate himand Ebay Legal Dept refused to give his details..I kind of think he bought it believingit was Genuine, so I wont give his name, but he claims it came from Ebay Seller--------xxxcoinsxxx--- I think Staffordshire area, and ----xxxcoinsxxx------ shows up onthe " Give a buck Editorial " thats shows photos of many Fake 1763 Shillings he has seenAttached Photos of my FAKE in case it surfaces again..thanks for all the advice Reverse on Next Page..........as to many K...........Very pleased for you. Well done indeed!! I have no sympathy for the seller even if he brought it believing it was genuine. By refusing to refund you, he was just as low as ----xxxcoinxxx--- who allegedly sold it to him. Quote
Accumulator Posted January 18, 2013 Posted January 18, 2013 Hello all ...HAPPY ending....At first I got threats of Slander and heavy Court Costs.But I sent in my Money Claims Online Claim Form with my £35.00 Fee. He got the Claim onSaturday , sent email Sunday and money arrived by Postal Orders £350.00 that included theCourt Fee today (wed) so a good result after 2 years, because I could not locate himand Ebay Legal Dept refused to give his details..I kind of think he bought it believingit was Genuine, so I wont give his name, but he claims it came from Ebay Seller--------xxxcoinsxxx--- I think Staffordshire area, and ----xxxcoinsxxx------ shows up onthe " Give a buck Editorial " thats shows photos of many Fake 1763 Shillings he has seenAttached Photos of my FAKE in case it surfaces again..thanks for all the advice Reverse on Next Page..........as to many K...........Glad the Money Claims On-line service worked for you. It really is a useful. Quote
numismatist Posted January 20, 2013 Author Posted January 20, 2013 Thanks to all for all the advice given Quote
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