How to get a coin back

[mailman1959]

I saw one of MY coins get added to another persons set. I contacted the person and he provided information to me which included the ebay listing where he purchased the coin. The problem I have is I must have mistakenly included the coin in one of my sales. I contacted the seller on ebay yesterday but have not heard back yet. Does anyone have any idea as to how to proceed in handling this? Since the sale is public information I will list the sellers name in case any of you might know him and can send a message to him to contact me. His ebay name is "simsion", has over 11000 transactions. I guess since I work at the P.O. and it's services were used I could try to get the Postal Inspection Service to try and help me find out who sold the coin to the person on ebay? Any thoughts or ideas would be greatly appreciated, private message me if that works for you. Thanks, Jerry (MAILMAN)

[Mr. Smith Guesser]

I'm a little confused. Do you mean that you mistakenly sent this coin along with another sale? And then that coin got sold to someone else?

 

If that's the case, is there any way to know who you might have accidentally sent the coin to?

[e1cnr]

you suspect you sold coin AB to buyer/seller and sent ABC or AC

buyer/seller sold C to new guy

 

you want C back from new guy?

[Colorado68]

Did the new owner say he would be willing to sell you the coin back or return the coin to the seller? Seems like the first place to start.

 

[mailman1959]

I want to legally get MY coin back. Doesn't matter the process or cost. Doesn't matter who gets offended or feelings hurt. It's a matter of principle, someone sold something that wasn't theirs. In a perfect world, I get my coin, everyone gets their money back, no hard feelings. The world isn't perfect, I just want my coin back.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[DaveG]

If you think you included the coin by accident in a shipment of sold coins and the buyer didn't contact you about it and you didn't catch your mistake, then I'm afraid that buying the coin back from the current owner may be your only option.

[Mr. Smith Guesser]

If you think you included the coin by accident in a shipment of sold coins and the buyer didn't contact you about it and you didn't catch your mistake, then I'm afraid that buying the coin back from the current owner may be your only option.

I hate to say it, but I think DaveG is right. Buying the coin back from the current owner might be your only option. And probably your easiest option.

 

I would contact the new owner again, explain the whole situation and offer a little more than he/she paid for it if you really want this coin back.

 

What's the coin by the way, if you don't mind me asking?

 

EDITED TO ADD: eBay Buyer and Bidder History can be searched here: www.watchcount.com/bh.php

 

It looks like the eBay user you mentioned has only bought three coins in the past 60 days...all silver eagles.

[mailman1959]

It's a 1976D TYPE 1 MS67 Eisenhower Dollar, I "had" 2 of the 7 for the grade, it's not about needing or wanting the coin.

[e1cnr]

Is it this one? and you have no idea when you ? lost ? it?

 

http://www.ebay.com/itm/1776-1976-D-TYPE-1-EISENHOWER-DOLLAR-NGC-MS-67-TOP-POP-REGISTRY-COIN-/201266423142?pt=Coins_US_Individual&hash=item2edc69e566&nma=true&si=cN0RFA5NZE%252Ft%252F%252Fm2VgKJjEYzLe8%253D&orig_cvip=true&rt=nc&_trksid=p2047675.l2557

 

[mailman1959]

That's the one. Like I said I had 2 of them, it was with my other coins. I have one that looks nicer in my Eisenhower Set,(kept in the safe). That was with my other coins that were all expendable at some time. I know it was my fault for sending the wrong coin, thought people were more honest. If I find out who it was and the most I can do is public humiliation, so be it.

[TonerGuy]

Im still confused.... I still dont understand how you sent the wrong coin...

 

But none the less - that really sucks.

[comicdonna]

It does suck. The person who received the wrong coin should have been honest, and sent it back.

[Mark T]

That's the one. Like I said I had 2 of them, it was with my other coins. I have one that looks nicer in my Eisenhower Set,(kept in the safe). That was with my other coins that were all expendable at some time. I know it was my fault for sending the wrong coin, thought people were more honest. If I find out who it was and the most I can do is public humiliation, so be it.

 

Exactly how did this coin leave your hands ??

If you sent someone the wrong coin and they sold it to someone else - that is tough luck and there is no way you can legally get it back from the third party. Apparently you sent it to someone who in turn sold it to a third party.

How long was this coin out of your hands before you discovered you sent it ?

 

I dont see any fraud here so you wont get the Postal Inspection service to do a thing, it does not matter that you work for them. Also the seller of the coin has no obligation to give you any information as to who or where he purchased the coin. Unless you transacted with him direct I would leave him alone , posting his name on this forum was not a good idea.

 

[Conder101]

Probably but now the problem is the coin wasn't actually stolen, and the current owner bought it is good faith so he most likely DOES have clear title to it and is under no obligation to return it back to mailman. I'm afraid his only option is to buy it back if the current owner is willing to sell it. Unfortunately it isn't mailman's coin any longer it belongs to the current holder.

[Mr. Smith Guesser]

Yeah the original buyer should have contacted you. But not everyone is like that. I accidentally included a $100 bill in a package of coins I sold on eBay. The buyer contacted me and sent the money back.

 

I have no clue how I overlooked the $100 bill. My only guess is that I had the bill in an envelope, which I used to put the coins in. But I'm not even sure why I would have put the bill in an envelope or why I even had it in the first place. I generally don't have cash laying around and rarely even use it anyway. So I still don't know where the bill came from. But the buyer did send it back. He could have just as easily pocketed it and never said anything. I sent him another round of coins as a thank you.

[coinman_23885]

I want to legally get MY coin back. Doesn't matter the process or cost. Doesn't matter who gets offended or feelings hurt. It's a matter of principle, someone sold something that wasn't theirs. In a perfect world, I get my coin, everyone gets their money back, no hard feelings. The world isn't perfect, I just want my coin back.

 

The eBay seller name you provided is familiar; I believe it to be Paul Simms of the Richmond, Virginia area who frequently advertises in large coin publications. You could call them and ask, but the are not obligated to give you any information about the person that sold the piece to them (and they may decline).

 

And even if there was a mechanism to get the coin back legally (which of course would be dependent on state law), since it wasn't actually stolen and it was sold to a bona fide purchaser for value, I think you are pretty much out of luck in terms of getting your coin back.

[coinman_23885]

Exactly how did this coin leave your hands ??

 

I would like more information as well.

[e1cnr]

I could understand if you sold a 1976-D type 1 NGC MS 65 or MS 66, had them all together and grabbed the wrong coin. (although I would probably keep my $1500 coins away from my $10 coins)

 

Have you sold much on eBay?

[bstrauss3]

It is not your coin anymore. It was included as a free gift in a package you sent to a buyer. More generous than the usual Lincoln in a 2x2 I receive and odd that you didn't mention it, but a gift none-the-less. The buyer decided it wasn't necessary for his/her collection and sold it. You have no claim.

 

You can certainly contact your customer and ask politely whom s/he sold it to. Explain that you made a horrible mistake, but are merely looking to buy the coin back.

 

Involving PIS is a pretty certain way to lose your job. You are not allow to use company resources for personal reasons.

 

It may also fall under the unsolicited merchandise rule...

 

https://postalinspectors.uspis.gov/investigations/mailfraud/fraudschemes/othertypes/unsolicitedfraud.aspx

[RWB]

Sounds like you sold it (even if unintentionally) and now want it back. Make the current owner a fair offer....

 

 

[coinman_23885]

It may also fall under the unsolicited merchandise rule...

 

This is my fear as well, although there might be exceptions to this depending on state law. (There are often state analogs to the federal rule and some of these can be even more restrictive.) We weren't given sufficient information on that point to make any determinations.

 

Sounds like you sold it (even if unintentionally) and now want it back. Make the current owner a fair offer....

 

 

+1

[mailman1959]

It was probably a sale that happened through discussions here, with all of those we exchange emails detailing sale (a contract). I know nothing about the law, with a little research it seems to fall under DAVIS v PENNSYLVANIA CO. 337 PA 456 "At which point does negligence cease and bad faith begin? The distinction between them is that bad faith, or dishonesty, is unlike negligence, willful. The mere failure to make inquiry, even though there be suspicious circumstances, does not constitute bad faith, under said failure is due to the deliberate desire to evade knowledge because of a belief or fear that inquiry would disclose a device or defect in the transaction, that is to say, where there is an unintentional closing of the eyes or stopping of the ears," That's the most legal jumble I ever want to recite, everyone is welcome to chime in. P.S. I did contact the seller, before posting any of this, he knows I am not putting any blame or responsibility on him. I also contacted the buyer, that is who gave me the link to the sale. The seller knows that if the person who sold him the coin is not someone that I sent to, it will end there. Have a great day!! MAILMAN

[Mark T]

You do not have any case here legally – just drop it.

Some of us asked you questions which you did not bother to answer.

My guess is it has been a while since you accidentally sold this coin and only found about it now because by chance you saw it on EBAY. The first party who received this coin from you in error should have notified you of this, anyone after that who purchased the coin has no liability what so ever as the coin was not stolen property.

[Matt_dac]

Ditto.

For all intents and purposes you dropped money on the ground and only the honesty/good faith of the original buyer whom you sold to could have rectified the mistake. He could say he thought it was a free gift. The only option is an offer to the current owner.

 

I hope you can get your coin back.

[Coindude]

Or, maybe the person you accidentally sent it to would be kind enough to give you the money he or she received for the sale of the coin. That would be a nice gesture.

[coinman_23885]

I want to legally get MY coin back. Doesn't matter the process or cost. Doesn't matter who gets offended or feelings hurt. It's a matter of principle, someone sold something that wasn't theirs. In a perfect world, I get my coin, everyone gets their money back, no hard feelings. The world isn't perfect, I just want my coin back.

 

It was probably a sale that happened through discussions here, with all of those we exchange emails detailing sale (a contract). I know nothing about the law, with a little research it seems to fall under DAVIS v PENNSYLVANIA CO. 337 PA 456. "At which point does negligence cease and bad faith begin? The distinction between them is that bad faith, or dishonesty, is unlike negligence, willful. The mere failure to make inquiry, even though there be suspicious circumstances, does not constitute bad faith, under said failure is due to the deliberate desire to evade knowledge because of a belief or fear that inquiry would disclose a device or defect in the transaction, that is to say, where there is an unintentional closing of the eyes or stopping of the ears," That's the most legal jumble I ever want to recite, everyone is welcome to chime in. P.S. I did contact the seller, before posting any of this, he knows I am not putting any blame or responsibility on him. I also contacted the buyer, that is who gave me the link to the sale. The seller knows that if the person who sold him the coin is not someone that I sent to, it will end there. Have a great day!! MAILMAN

 

The only one likely to have their feelings hurt is you (and I say that to save you grief and wasted time). The case you cited has nothing to do with this scenario whatsoever and it deals with the fiduciary duty of a trustee - this is far off point as the buyer has no fiduciary obligation to you what so ever. I echo what the others say. Obviously I don't know where you live and won't make any contentions about the laws of your state, but I don't think you have a leg to stand on towards recovering your coin through legal process. And even if you did (and you have facts that you have not announced to us), it isn't worth the small sum (less than $1500) that the coin sold for.

 

At best, if you are interested in the coin, maybe the owner will let you buy it back.

 

[e1cnr]

What kind of time frame are we talking about?

 

Was this coin your original submission?

 

I ask because you do not seem to have any idea posted about when it left your home. 2 months vs 12 years is a difference as far as I can tell

[Walkerfan]

I really feel bad for Mailman but I agree with the others that there's not much you can do. I am disgusted that the original recipient did not send it back but there are a lot of dishonest people out there. Was the coin mistakenly sent in the place of another? Or was it mistakenly sent in addition to another? If it was sent in place of another, what was the price difference? I know sometimes it's not about cost but about the uniqueness of having a certain coin that may be irreplaceable.

[CSdot]

So you are not sure who you sold the coin to? You don't know how many hands it has passed through since you lost it? You may not even know when you lost it? Very likely someone sold it for cheap along the way, not having a clue that a bicentennial dollar could be worth so much (I would have guessed $50 - $100, but it is not my series).

 

No case. Offer to buy it, or write it off as tuition to the college of hard knocks.

[bochiman]

Unlike others, I will support you on this as you seem to be going about it in a nice enough way.

 

From what I have read, if you find that the ownership path has taken too many turns, you will walk away from your course of action (aside from maybe purchasing it from the current owner).

 

If, on the other hand, a step away is the person you find you dealt with and inadvertently sent it to, then you will attempt to zero sum everything.

 

I don't see you using resources from your job outside of what anyone else could do.

You aren't part of the whole "sent something through the mail, unsolicited, so it is a gift" thing (that, if memory serves, is only for businesses, and at that, those that are trying to send something and asking for payment for the item(s)....you didn't do that, so it was a mistake and not a gift).

 

Good luck getting it back. May not be possible, but good luck.