Stolen Card on Ebay

[chris]

I thought I should let everyone know. Ebay seller kevino35 is selling a stolen card. I won a Dietsche Ty Cobb post card in the last (SCL) Sports Card Link auction. I was notified by their shipping department that they had accidentally shipped this card to another customer on accident and that they were doing all they could to recover the card for me. I figured there was an outside chance whomever got the Cobb from SCL might list it on Ebay, and sure enough it popped up on Ebay this morning. Item number 370753274525. I have tried to notify SCL but they are closed for the weekend. I thought I should let everyone know to steer clear of Ebay seller kevino35.

http://www.ebay.com/itm/370753274525...525%26_rdc%3D1

.

Chris Buckler

[Jay Wolt]

Did you contact the eBay seller?

[Michael Peich]

Hi Chris,

Sorry you're going through this. I'd contact the eBay seller and tell him you're aware of what he is doing. And I'd also contact SCL on Monday, per your plan. This seller must be a maroon if he thinks he can get away with selling a stolen card.

Good luck,
Mike

[johnmh71]

I had a bad experience on ebay with this seller. He tends to overstate the condition of his cards.

[Jlighter]

Edited: Not necessary

[AndyG09]

Not sure how Moonlight fits in this thread, but good luck getting your card back, Chris.

Best,

Andy

[Moonlight Graham]

I'm sorry-I was reading your post and I was going to start a post but didn't leave yours-how do i delete?

[chris]

Hey Guys - Yes I contacted the seller and have yet to get a response. I also contacted Ebay and they said they will look into it. I will contact SCL on Monday.

Good to hear from you Mike, I hope all is well. Its going to be a tough year to be a Phillies fan, haha.. Go Reds!

[jb217676]

Hopefully someone can shed some moonlight on this situation. This seller has danced with the devil in the pale moonlight, hopefully you get your card back, it's a beauty!

[Moonlight Graham]

Chris, I'm sorry and I hope you get your card back-I'm an idiot and I have no idea how to delete my message-I was going to start a different thread on Field Of Dreams after I finished reading your post-agian I am sorry and I hope you get either your card or this crook!
Joe

[Leon]

Originally Posted by Moonlight Graham

I'm sorry-I was reading your post and I was going to start a post but didn't leave yours-how do i delete?

I did a soft delete. I have done the same thing before, forget what thread I am in and post accidentally. I think only I can delete posts.....unfortunately I am almost always on the board so can usually help.

[Moonlight Graham]

Thank you Leon!

[EvilKing00]

u can "move" the posts as well, to a different thread, or better yet to its own thread and give it its own , title. Each post will have a box to the right, fill in the box, scroll toward bottom the the current thread, there should be a drop down menu. U can choose, to merge, move, copy, deleat, etc.

[flavius]

How is that a stolen card? It was shipped to him by mistake, he is under no obligation to ship it back to SCL and it is a mistake by SCL, not the person it was shipped to. If anyone was to take legal action, it would be SCL, not you.

[buymycards]

So Flavius, an auction house ships you a $400 card by mistake and you keep it and try to sell it? All I can say is "wow".

[benchod]

Originally Posted by flavius

How is that a stolen card? It was shipped to him by mistake, he is under no obligation to ship it back to SCL and it is a mistake by SCL, not the person it was shipped to. If anyone was to take legal action, it would be SCL, not you.

Wow

I can't speak to the legal ramifications of attempting to sell a card that was accidently mailed to you, but to do so is certainly unethical and someone with that type of judgement has no place in this hobby.

[EvilKing00]

Originally Posted by NewEnglandBaseBallist

I can't speak to the legal ramifications of attempting to sell a card that was accidently mailed to you, but to do so is certainly unethical and someone with that type of judgement has no place in this hobby.

agreed.

[Fred]

Originally Posted by flavius

How is that a stolen card? It was shipped to him by mistake, he is under no obligation to ship it back to SCL and it is a mistake by SCL, not the person it was shipped to. If anyone was to take legal action, it would be SCL, not you.

Seriously??? It may not have been "technically" stolen but don't you think that the person that recieved this card by accident would have the obligation to notify the sender of the mistake? I'm sure the sender would have gladly paid for the return shipping cost.

"No obligation" - yeah for a real phuc head there would be no "obligation" to do so.

This is a sad commentary on our society.... we're just evolving into a bunch of total a-holes.... somehow, I'd have to believe that most of the people on this board would have done the right thing and returned it.

I wish I knew how to run a poll here. My question would be:

If you were shipped something by mistake, would you:

a) return it
b) keep it
c) sell it on ebay

[Tcards-Please]

That is the most ridiculous thing I've ever heard.

Chris bought the card and it was mistakenly sent to someone else who didn't buy it. I would think they have an obligation to return it. I'm not a lawyer, so I may be wrong in my thinking. At the very least a moral obligation.

I do believe that if it was addressed to Chris, but with a wrong address it would be illegal to open and keep. If it was addressed to the person that actually received the card

edit: while trying to edit this post, I mistakenly deleted a paragraph about going to a bank or atm to make a withdrawal and noticed that the bank accidentally deposited money in your account that wasn't yours. You then withdrawal that extra money. I've heard this happen before and although it wasn't the person's fault that that money was in his account, he still had to return it back to the bank.

r/
Frank

Originally Posted by flavius

How is that a stolen card? It was shipped to him by mistake, he is under no obligation to ship it back to SCL and it is a mistake by SCL, not the person it was shipped to. If anyone was to take legal action, it would be SCL, not you.

[HRBAKER]

Originally Posted by NewEnglandBaseBallist

I can't speak to the legal ramifications of attempting to sell a card that was accidently mailed to you, but to do so is certainly unethical and someone with that type of judgement has no place in this hobby.

While I agree with you regarding the ethics, I think someone like that could find quite a home in this hobby, unfortunately.

[frankh8147]

Horrible judgement! Especially considering he has 99.9% positive feedback on Ebay with over 11,000 transactions- I mean to ruin his reputation over a card that will sell for under 1k..mind boggling

[Bocabirdman]

Do we know that the seller is ACTUALY the accidental recipient? Or is he guilty of nothing more than buying a card from someone without knowing it was "stolen"?

[frankh8147]

Originally Posted by Bocabirdman

Do we know that the seller is ACTUALY the accidental recipient? Or is he guilty of nothing more than buying a card from someone without knowing it was "stolen"?

That was on my mind too..however, if you take a close look at the card- you can see 'LEWIS" written and erased between his legs when you zoom in. He has it marked as 'excellent' and doesnt disclose this so that kind of takes away some of his credibility in my eyes.

[EvilKing00]

I can say, that recently a board member emailed me with some t205s he wanted to sell, he said he had no clue what they were worth. I guess i could of lied to him, but i didnt. Told him what they were worth and that I couldnt afford them.

I think finding a bag of cash, or getting extra money from a big bank isnt the same as if you saw a regular person drop $100.00 on the ground and give it back. Im not going to give money back to chase bank, but if a guy drops cash on the ground i would. I know chase has no issue with cash but a working guy who is busting his back to put food on the table for his kids and pay his mortgage, thats just different IMO

[lharri3600]

Originally Posted by johnmh71

I had a bad experience on ebay with this seller. He tends to overstate the condition of his cards.

He sure as heck does at times

[lharri3600]

Originally Posted by Bocabirdman

Do we know that the seller is ACTUALY the accidental recipient? Or is he guilty of nothing more than buying a card from someone without knowing it was "stolen"?

Good point Mike. I know Kevin and I just don't think he would do something like that. However, I could be wrong here.

[HRBAKER]

Originally Posted by EvilKing00

I can say, that recently a board member emailed me with some t205s he wanted to sell, he said he had no clue what they were worth. I guess i could of lied to him, but i didnt. Told him what they were worth and that I couldnt afford them.

I think finding a bag of cash, or getting extra money from a big bank isnt the same as if you saw a regular person drop $100.00 on the ground and give it back. Im not going to give money back to chase bank, but if a guy drops cash on the ground i would. I know chase has no issue with cash but a working guy who is busting his back to put food on the table for his kids and pay his mortgage, thats just different IMO

I see no difference here King, either way you are not entitled to keep it IMO.

[flavius]

It is of course completely unethical, and it's unfortunate that he is selling it off. However, I just don't think "stolen" is the right way to word it. It was misplaced, and SCL will be compensating you for it. You can probably have them win the ebay auction and ship it back to you.

There is a chance the seller doesn't even know it was supposed to go to someone else, but my main point is that this is much more SCL's fault than it is the person it was accidently shipped to.

Sorry if I turned some heads...

[frankh8147]

I think that after a few messages between you and the seller, this will be cut and dry. That 'Lewis' which is written and erased under Cobb's legs is pretty hard to dispute. Just go to the page where you originally bought this card, show that the the signature is exactly the same and its going to be hard to dispute...

[Jlighter]

Originally Posted by flavius

There is a chance the seller doesn't even know it was supposed to go to someone else

Yes, this is extremely possible.

If you couldn't tell this is sarcasm.

[Exhibitman]

It might not be "stolen" but it is really, really sleazy to try and profit from an AH mistake like that. Golden Rule and all...

[Fred]

Originally Posted by flavius

"this is much more SCL's fault than it is the person it was accidently shipped to.

Sorry if I turned some heads...

Fault? I'm going to guess it was an honest mistake on the part of the shipper.

Perhaps your initial post was taken out of context but the part that indicated there was no obligation to return the card probably hit people the wrong way.

[flavius]

While it would be ideal that the person who received the card returned it, you should expect people to be greedy and so to speak "steal" things that are sent to them in the mail for free. He is definitely under no legal obligation to return the card for now...

I would not worry chris, you will most definitely be compensated decently for this incident.

[Exhibitman]

Keep diggin' Flav. You're halfway to China about now on this one.

Mistake, screw-up, shipping error, whatever you want to call it does not change the nature of the behavior of the ebay seller. It isn't nice, it isn't ethical, and it certainly isn't laudable, admirable or praiseworthy.

I don't "expect" people to keep things sent to them by mistake, especially when they know who sent it and how to return it. I expect them to be honest, speak up, and not seek to screw someone else just because they can. From time to time I get something by mistake from an ebay seller or an auctioneer. I don't just take it and run. I contact the sender and arrange to return it. And I would hope that if I ever make a similar mistake the recipient will have the class and the courtesy to cut me a break. I may be naive but I am pleasantly surprised all the time in this Hobby by the honest and generous behaviors of fellow collectors and sellers and I hope it stays that way. When greedy, sleazy behavior is the expectation, it isn't fun anymore and I'm outta here.

[DerekMichael]

the ebay seller knows damn well that this is not their card ... the fact that they would then attempt to sell it is absolutely pathetic

Derek Hogue

[hammer]

Make sure you are the high bidder in his auction and take it from there.

[iwantitiwinit]

I am almost certain that it is a federal offense to open a package sent thru the USPS if you are not the addressee even if you are a resident at the address specified. I do not know the rules if it is delivered via FedEx or UPS. Assuming that to be accurate I would think attempting to sell something not addressed to you would be an additional offense.

[HRBAKER]

Originally Posted by iwantitiwinit

I am almost certain that it is a federal offense to open a package sent thru the USPS if you are not the addressee even if you are a resident at the address specified. I do not know the rules if it is delivered via FedEx or UPS. Assuming that to be accurate I would think attempting to sell something not addressed to you would be an additional offense.

My assumption was that it was addressed to him but included in the package by mistake.
The seller has been discussed on the board at length previously.

[packs]

Something like this would have had to have been signed for. If you signed for a package addressed to someone else and opened it and then sold the contents online you have committed a crime. Of course, the package could have been addressed to the seller since it was a shipping mistake.

[Bocabirdman]

Originally Posted by DerekMichael

the ebay seller knows damn well that this is not their card ... the fact that they would then attempt to sell it is absolutely pathetic

Derek Hogue

You are assuming that the seller is the guy that got the card in the mail. I ask again, do we know that he didn't buy it from someone else that got it in the mail?

Does every seller know the provenance of every card they sell? The card could been sold by the scumbag TO Kevin

[Bocabirdman]

Originally Posted by Bocabirdman

You are assuming that the seller is the guy that got the card in the mail. I ask again, do we know that he didn't buy it from someone else that got it in the mail?

Does every seller know the provenance of every card they sell? The card could been sold by the scumbag TO Kevin

It is not only possible but probable that Kevin who has almost 12000 feedbacks and as been a seller for a good while is an unwitting victim of someone selling or consigning him a card that was stolen. Afterall, a seller has to get inventory from somewhere. To jump to the conclusion that he is the thief is one step shy of villagers storming the castle with pitchforks or frontier justice by a lynch mob. I have not heard the O/P say that Kevin is the guy that the card was sent to, just that he is the seller selling it.

I would like to add that I do not know this seller and to my recollection, have never bought anything from him.

[poorlydrawncat]

Originally Posted by flavius

While it would be ideal that the person who received the card returned it, you should expect people to be greedy and so to speak "steal" things that are sent to them in the mail for free. He is definitely under no legal obligation to return the card for now...

I would not worry chris, you will most definitely be compensated decently for this incident.

Unfortunately Flavius is likely correct regarding the law. In most states, there is no legal obligation to return or pay for items sent to you that you did not order. This is to prevent companies from sending unsolicited items and then demanding payment for them. Of course, it also means that people who are sent items legitimately by mistake generally have no obligation to return or pay for them.

Of course, even if there's no legal liability there could be some civil liability. Who knows what would happen if this were sent to small-claims court...

[Greenmonster]

Kevin...DId your Cobb come with additional cards? This seller has several 1907 DIETCHE cards with Lewis erased on the front.

[novakjr]

Given that the seller has 3 other Dietsche cards(assumedly won in the same auction, and possibly the reason for the mistaken shipping), I think it's more probable that he is the person that it was mistakenly sent to. It's possible that Kevin may only be a consignor..

If you were mistakenly sent this card, and were shady enough to flip it, I'd think you wouldn't want "your" name attached to it, and woulf rather put that on someone else..

I will agree that "Stolen" is a pretty harsh description for the situation though. Unethical, Slimy, Sketchy, Assholish, yes. Stolen, no..

[jcmtiger]

Originally Posted by flavius

While it would be ideal that the person who received the card returned it, you should expect people to be greedy and so to speak "steal" things that are sent to them in the mail for free. He is definitely under no legal obligation to return the card for now...

I would not worry chris, you will most definitely be compensated decently for this incident.

What the %%%%

[kmac32]

Originally Posted by flavius

While it would be ideal that the person who received the card returned it, you should expect people to be greedy and so to speak "steal" things that are sent to them in the mail for free. He is definitely under no legal obligation to return the card for now...

I would not worry chris, you will most definitely be compensated decently for this incident.

Wow.......what happened to your set of ethics?

[flavius]

If the card was shipped to me I would immediately return it free of charge, but if you are depending on the ethics of the general public to correct a mistake made by a company, then you won't be very happy with the outcome you get a large majority of the time. People are greedy, and if they choose to be a good samaritan and return the card then you thank them greatly, but just in life overall, there are a lot of rude people. 400+ dollars is a lot of money when it comes to motivating people to be mean....

Bryan

[novakjr]

Originally Posted by flavius

How is that a stolen card? It was shipped to him by mistake, he is under no obligation to ship it back to SCL and it is a mistake by SCL, not the person it was shipped to. If anyone was to take legal action, it would be SCL, not you.

Kevin, is that you???

[Clutch-Hitter]

A buddy told me that 'Theft of lost property' exists in some, possibly all, states, and further stated that it could/would apply here.