Stolen (?) Nick Foles Certified FF Emerald /5, Please Be Aware

[FuriousD82]

Got the Foles back, awesome. And sold it.

[zonacats8]

Nothing you can do, you screwed up and if the person wants to be a good person and send it back then great, if not, nothing you can do about it, definitely not a case of a stolen card

[Welker83]

If you are lucky they will send it back and it may just be a slow mail system w/ the storm that just went by.
BUt as zonacats said there is nothing you can do as it is your mistake and if this guy thinks he just got an awesome deal and you cant prove it then he may just keep it.
Not saying he is right but as you said unfortunately their are more dishonest people out there then not.

[FuriousD82]

Thanks to Ebay, I have their personal contact information so I can file a police report against them if they fail to follow up or tell me to pound salt.

[achilles01987]

Nothing you can do, you screwed up and if the person wants to be a good person and send it back then great, if not, nothing you can do about it, definitely not a case of a stolen card

How is it not a case of a stolen card? That buyer has no right to keep something that's not his. It's the same scenario if you receive a neighbors package in the mail by mistake. Is it yours? Of course not! Should you keep it? Hell no! Where I'm from, and practically everywhere else, I'm sure, that's a theft! Intent to deprive an owner of property without that owner's consent...

[smackvay]

File a police report for what? Your error? Man we would all be in jail as we all make mistakes.

Secondly i understand mixups i bought a team signed orange bowl game used wvu helmet and the idiot(seller) mixed it up with a rhett bomar full size helmet and needless to say i never got my helmet

[Razorsharp79]

Call Panini and ask them if anyone has redeemed a Nick Foles emerald. If they tell you you are in luck. If not you are at his mercy and unless you video taped yourself pulling it, then putting it in mailer with his name on it and carrying it to a mailbox, there is nothing you can do. Just be nice and try to compensate him a little more than you might since the Foles is a really hot card right now if you do get it back...good luck

Panini might not help you, but if you explain your case and give them address maybe they can verify it for you...might have to eat this one though as paypal will not side with you as they cannot prove what you put in the package.

[nuccionino]

Nothing you can do, you screwed up and if the person wants to be a good person and send it back then great, if not, nothing you can do about it, definitely not a case of a stolen card

If you are lucky they will send it back and it may just be a slow mail system w/ the storm that just went by.
BUt as zonacats said there is nothing you can do as it is your mistake and if this guy thinks he just got an awesome deal and you cant prove it then he may just keep it.
Not saying he is right but as you said unfortunately their are more dishonest people out there then not.

So if someone makes a mistake, but still corrects it, the other part has free rains and can steal the card? :confused::confused::confused:

[Razorsharp79]

How is it not a case of a stolen card? That buyer has no right to keep something that's not his. It's the same scenario if you receive a neighbors package in the mail by mistake. Is it yours? Of course not! Should you keep it? Hell no!

He cannot prove to anyone other than himself or the person who got the Foles of what he shipped...other than God only those two people know what is what and this has to be played out between them. If you cannot prove it in court with factual evidence beyond a shadow of a doubt there is no case here IMO

[nuccionino]

File a police report for what? Your error? Man we would all be in jail as we all make mistakes.

Secondly i understand mixups i bought a team signed orange bowl game used wvu helmet and the idiot(seller) mixed it up with a rhett bomar full size helmet and needless to say i never got my helmet

Here is a third I am adding to the :confused::confused::confused: category.

You guys are basically saying it is okay to steal if someone made a mistake yet corrects it. If this is a trade and someone never sent but received it, that is theft.. how is this different?

[nuccionino]

He cannot prove to anyone other than himself or the person who got the Foles of what he shipped...other than God only those two people know what is what and this has to be played out between them. If you cannot prove it in court with factual evidence beyond a shadow of a doubt there is no case here IMO

This is true, god is watching me? I mean police won't do much, but morality/karma can.

[KevJo]

Have you check if the Buyer is a member here?

Kevin

[Codyfinesse]

Don't you have emails with him saying he received the card and was sending it back? Sounds like proof enough for me that it was there.

[Razorsharp79]

This is true, god is watching me? I mean police won't do much, but morality/karma can.

Yes...he watches over all of us:)!

Say OP files police report...OP says I shipped wrong card to guy, it is worth more than the one he paid for...I asked if he would send it back so I could make it right..he agreed...then a week went by and nothing...who is fault here? The buyer, the OP, the USPS?!?...it is a case where you stay calm and cool and hope it works out...you have nothing other than words to back up your claims, and you get more with sugar than vinegar...GL OP:)! There is no hard evidence, no paper trail..

[smackvay]

Here is a third I am adding to the :confused::confused::confused: category.

You guys are basically saying it is okay to steal if someone made a mistake yet corrects it. If this is a trade and someone never sent but received it, that is theft.. how is this different?

I am NOT saying its right but with the way ebay works not much you can do.

im saying it would be hard for me to file a police report for my own mistake?

ive been screwed by the same type of deal like this. i personally would send it back myself, but not everyone else is so honest:)!

[mindbinge]

I'd wait a little longer on the mail...its taking me forever to get stuff in now. I guess the holidays combined with postal cut backs are to blame...but now it's taking me 6+ days to get stuff AFTER it hits the Nashville service hub enroute to me...and thats not counting the time it took to get to Nashville from wherever it was originally sent.

[KevJo]

California to California is 2-3 days unless Parcel Post. Over a week, never!

Kevin

[iBLeeDBaTTLeReD]

Suck it up, chalk it up as a stupid mistake and move on. I doubt the police will do anything for you, karma might be the only thing on your side right now. It sucks that the buyer didn't stay true to his word but ultimately it's your mistake that got you in this predicament.

http://i1196.photobucket.com/albums/aa402/BigD_83GS650/Riding%20Game/facepalm_zps4f0d2165.jpg

[zonacats8]

I don't think anyone, including myself, is saying it's right to keep that card, but they sure as hell didn't steal anything.

And it's nowhere near the same think as keeping a package that was supposed to be delivered to your neighbor, it was supposed to be delivered to that person, and it was delivered to him, it's the seller's fault for putting the wrong card in there.

Is it morally right to keep it?

of course not

Is it illegal to keep it?

I'm no lawyer, but I don't think he has any legal obligation to return it as the buyer didn't do anything legally wrong.

[Srt42004n]

You have tracking for the pakage you sent right? Just count your prayers and when he if he files a claim post the tracking its possible you'll never hear about it and just be glad u still have wilson

[auctionjmm]

What are the laws on situations like this? I've driven away from many a fast rood restaurant with an extra taco or burger in my bag. What responsibilities do consumers really have in these type of situations? I'm curious. In ANY business transaction, is the consumer liable if seller makes a mistake?

[smackvay]

What are the laws on situations like this? I've driven away from many a fast rood restaurant with an extra taco or burger in my bag. What responsibilities do consumers really have in these type of situations? I'm curious. In ANY business transaction, is the consumer liable if seller makes a mistake?

PER ebay rules: on the above helmet i was talking about. they said nothing they can do about it. they cant even suggest they send it back??? kinda messed up but what about ebay isnt messed up??? :)!

[auctionjmm]

PER ebay rules: on the above helmet i was talking about. they said nothing they can do about it. they cant even suggest they send it back??? kinda messed up but what about ebay isnt messed up??? :)!

No way...your case would have been a textbook "Item Not As Described" case. You did not receive the correct item so eBay should have sided with you. That is entirely different than if a buyer voluntarily keeps the wrong item which takes us back to my original question.

[smackvay]

No way...your case would have been a textbook "Item Not As Described" case. You did not receive the correct item so eBay should have sided with you. That is entirely different than if a buyer voluntarily keeps the wrong item which takes us back to my original question.

ebay did side with me at my cost i had to ship it back(thankfully the seller repaid me for shipping) and all i got was my money back i didnt want the money as i got a STEAL on a cornerstone PC item. i even contacted the dic#head that got my helmet and he laughed about it

[FuriousD82]

Don't you have emails with him saying he received the card and was sending it back? Sounds like proof enough for me that it was there.

Yes. I have these emails. I'm not worried about him filing the case with paypal, I'd more than love to give him his money back. I have not sent him the Russell Wilson as I am waiting for the Foles to come back. But I don't want to give him the money back and lose the Foles.

[Welker83]

So if someone makes a mistake, but still corrects it, the other part has free rains and can steal the card? :confused::confused::confused:

No but unless he goes to the guys house to get it he cant really get the card back only if the guy was honest and sent it back.
I had that happen to me once and i sent the card back. I was supposed to get a Gadsden numberd card and i got a priting plate or someone. I never got my card but i was honest enough to send it back hope the buyer here does the same.

[FuriousD82]

California to California is 2-3 days unless Parcel Post. Over a week, never!

Kevin

This is California to Washington State. I sent him the card (the wrong one) on Friday and he received it Monday.

[Welker83]

This is California to Washington State. I sent him the card (the wrong one) on Friday and he received it Monday.

well you cant expect the card back in 1 day. Its only Tuesday. I'd give it till at least Friday for the guy to send it back.

[achilles01987]

He cannot prove to anyone other than himself or the person who got the Foles of what he shipped...other than God only those two people know what is what and this has to be played out between them. If you cannot prove it in court with factual evidence beyond a shadow of a doubt there is no case here IMO

So his returned emails indicating he'd return the card aren't proof, right? Not only that, I merely made the point that this is, in fact, a case of stolen property based on what the OP indicated. Will it be tough to prove, yes, but he certainly has enough info to file a report.

[achilles01987]

I don't think anyone, including myself, is saying it's right to keep that card, but they sure as hell didn't steal anything.

And it's nowhere near the same think as keeping a package that was supposed to be delivered to your neighbor, it was supposed to be delivered to that person, and it was delivered to him, it's the seller's fault for putting the wrong card in there.

Is it morally right to keep it?

of course not

Is it illegal to keep it?

I'm no lawyer, but I don't think he has any legal obligation to return it as the buyer didn't do anything legally wrong.

If he keeps it, he's stealing it. Plain and simple. Been in law enforcement for fourteen years. It's a guaranteed theft.

[houseofcards]

it is absolutely a theft, if the bank messes up and puts money in your account you better believe they are coming after your @$$ if you spend that....same thing.....a mistake but it does not entitle you to keep it even if it is someone else's mistake....

[FuriousD82]

:)well you cant expect the card back in 1 day. Its only Tuesday. I'd give it till at least Friday for the guy to send it back.

He received it last MOnday, Oct 22. He said he returned it October 23, last Tuesday. The whole non delivery confirmation thing is what makes me not want to believe him. As an experienced seller, he knows that.

[FuriousD82]

Also, it looks like the guy is pretty big buyer and was at the National this year. He recently sold a Peyton Manning 1/1 auto from the national this year. Not sure how to check if he is a member on here but he could be. Of course, if this is a situation where the post office is slow, I don't want to call anyone out yet.

[Welker83]

:)

He received it last MOnday, Oct 22. He said he returned it October 23, last Tuesday. The whole non delivery confirmation thing is what makes me not want to believe him. As an experienced seller, he knows that.

Ah i see. wish you luck and that he returns it.

[the1mcjensen]

it wasnt that lagalaxy kid was it?

[FuriousD82]

it wasnt that lagalaxy kid was it?

No, it was not laxgalaxy kid, whoever that is.

[JChrist1732]

Call his local police and say 'officer, he stole my peice of cardboard that I sent him'. Good luck with that.

[JenAndKylesCard]

Nothing you can do, you screwed up and if the person wants to be a good person and send it back then great, if not, nothing you can do about it, definitely not a case of a stolen card

I don't think anyone, including myself, is saying it's right to keep that card, but they sure as hell didn't steal anything.


This post, like many others, just shows me who to avoid here. I guess its just a capitalist ideal to profit off others misfortunes or mistakes.

[trixstar]

Thanks to Ebay, I have their personal contact information so I can file a police report against them if they fail to follow up or tell me to pound salt.

lol a police report? Is this real?

I don't agree with the person keeping the card but there are 0 grounds to file a police report.

[cincycardshows.com]

This post, like many others, just shows me who to avoid here. I guess its just a capitalist ideal to profit off others misfortunes or mistakes.

I choose to take Zona's posts in a different way I guess. What the hell has happened to personal responsibility and accountability? I read posts every single day on here that start by explaining how the person screws up and it's 100% their fault but they want to be bailed out. Whether it's buying something and changing their mind and bitching about a slow refund or in this case sending the wrong item.

My opinion is formed only about the seller in this situation. I am mainly a seller on ebay but I buy as well. As a seller when I make a mistake I chalk it up and learn from it as this was completely preventable. What I believe Zona is saying is this is 100% the sellers fault and I agree. If it was my fault I would hope that the buyer would be understanding enough to send the card back so I could make it right on both ends. But to come on here from the get go talking about a police report is absolutely ridiculous.

[superynaldo]

lol a police report? Is this real?

I don't agree with the person keeping the card but there are 0 grounds to file a police report.

+1... a police report... seriously... now i see who is wasting tax payers money with tying down the authorities on absolute bogus crap... yes, the guy should return the card... if by chance he doesn't, it is your stupidity for sending him the wrong card... suck it up, eat it, and learn from it...:)!

[Razorsharp79]

So his returned emails indicating he'd return the card aren't proof, right? Not only that, I merely made the point that this is, in fact, a case of stolen property based on what the OP indicated. Will it be tough to prove, yes, but he certainly has enough info to file a report.

oh he can probably file one, but that would be about as far as it got.

Example of police report:

I mailed wrong card to guy, he was nice said he would return it..then it got lost in the mail...now I am filing police report because he did everything he said he would do. No, I did not demand that he put DC on package...cop says that is ignorant son, later!

now who is at fault? OP for sending wrong card, buyer for paying for a card and getting the wrong one, but saying he would send it back, or the USPS for losing card? You cannot prove anything here since fault could be easily placed on the OP as it can be on the buyer or the USPS...so there is no case, it is a waste of time, nothing can be proven with hard evidence...OP should have asked he send it back with DC at least to prove he was returning item.

Never for one second trust anyone you have never dealt with before. It is always CYA time when dealing online, never forget it...lesson learned and hope the cards shows up...otherwise you are out of luck

[Artiodactyla]

It is definitely theft as the buyer is attempting to deprive the original owner of their property.

Unfortunately, I doubt there is any recourse that could be done outside of a court room. A police report is only going to serve to document the case, and unless you specifically had the redemption number, you have a 1:5 chance of finding the right person (unless this is the only one redeemed is from California). The good thing is that with the case documented, you could file a lawsuit, but the cost of a lawyer would probably eliminate any benefit of getting the card returned.

[zonacats8]

This post, like many others, just shows me who to avoid here. I guess its just a capitalist ideal to profit off others misfortunes or mistakes.

Not at all sure how you got this from my posts, I was just saying that this was the seller's fault and I didn't think there was anything wrong for purely a legal standpointas to where he could have filed anything against this guy.

Never said I would have kept it and profited off it if it were me and never said that's what this guy should do either. In fact, I said in my posts that it would be wrong for him to do that and that the guy should do the morally correct thing and send it back.

[achilles01987]

+1... a police report... seriously... now i see who is wasting tax payers money with tying down the authorities on absolute bogus crap... yes, the guy should return the card... if by chance he doesn't, it is your stupidity for sending him the wrong card... suck it up, eat it, and learn from it...:)!

So the OP isn't a taxpayer? Okay...

[superynaldo]

So the OP isn't a taxpayer? Okay...

You read it wrong... I said he is WASTING tax payers money by wanting to waste the police's time with this whole ordeal... I never said he wasn't a tax payer...:)!

[hche]

It's illegal for anyone to keep another person's property if that is not intended for him. Even if that is a mistake, that's still illegal.

However, I did not read anything in this thread that pointed to buyer actually stole it. Not even 1 tiny evidence. He said he mailed it back without DC. Then the mail never arrived. How do we know whether that was lost in mail or the guy stole it?

[JChrist1732]

It's illegal for anyone to keep another person's property if that is not intended for him. Even if that is a mistake, that's still illegal.

However, I did not read anything in this thread that pointed to buyer actually stole it. Not even 1 tiny evidence. He said he mailed it back without DC. Then the mail never arrived. How do we know whether that was lost in mail or the guy stole it?

But, if someone gives the proporty to someone else, is it still there's?

[FuriousD82]

It's illegal for anyone to keep another person's property if that is not intended for him. Even if that is a mistake, that's still illegal.

However, I did not read anything in this thread that pointed to buyer actually stole it. Not even 1 tiny evidence. He said he mailed it back without DC. Then the mail never arrived. How do we know whether that was lost in mail or the guy stole it?

You are correct.

Is not shady than an experienced ebayer, who is in an advantageous position, would not use DC to send back a card that they know has value? TO me that is the crux of their problem. I asked for DC and they failed to provide it. I think that alone shows that this person is dishonest. I'm going to give it a few more days before I put them on blast.

[hche]

But, if someone gives the proporty to someone else, is it still there's?

No, it's like a bank acidentally put $1,000,000 in your account. You can't spent it. The money does not belong you. OP mistakenly mailed the wrong card out. The buyer did not buy that card, and hence, should not own it. Especially, OP contacted and made him/her known about the error. It's not like the buyer can think the OP sent him a gift.

Apparently, for the example of the bank, it's a felony to use the money. http://www.phillyburbs.com/news/local/courier_times_news/cops-man-spent-nearly-mistakenly-deposited-in-his-bank-account/article_67fd1ff3-1d5c-59b7-a1cb-33bfcb720acb.html

[hche]

You are correct.

Is not shady than an experienced ebayer, who is in an advantageous position, would not use DC to send back a card that they know has value? TO me that is the crux of their problem. I asked for DC and they failed to provide it. I think that alone shows that this person is dishonest. I'm going to give it a few more days before I put them on blast.

Sorry, I missed the line about you paid for delivery confirmation for the returning the item. :o I would agree that's shaddy for an experienced ebayer to not send it back with DC ESPECIALLY after you paid for it.

[briscogun]

it is absolutely a theft, if the bank messes up and puts money in your account you better believe they are coming after your @$$ if you spend that....same thing.....a mistake but it does not entitle you to keep it even if it is someone else's mistake....

What you are referring to is called unlawful enrichment. May be hard to prove that this was an unlawful, or illegal, act on the part of the buyer, though. He did receive benefit from the error, but since thay are both basically the same thing (small piece of cardboard), hard to prove how he was enriched one way over the other.

:)

He received it last MOnday, Oct 22. He said he returned it October 23, last Tuesday. The whole non delivery confirmation thing is what makes me not want to believe him. As an experienced seller, he knows that.

Seller, or OP, should have demanded and paid the buyer for DC or even signature delivery if the card is worth what it is truly worth. OP has made a few mistakes in this scenario. Sometimes you just have to learn from, and pay for, your mistakes. But, hopefully the buyer gets it out to you and you'll be returned to whole again. Good luck!

EDIT: Sorry, I didn't see that you DID pay for DC from the buyer and they failed to provide it. That is a pretty bad move and would have me concerned, too. Hope it works out, man...

[achilles01987]

You read it wrong... I said he is WASTING tax payers money by wanting to waste the police's time with this whole ordeal... I never said he wasn't a tax payer...:)!

Okay so if he is a tax payer, then wouldn't he be using the tax money he pays to serve his interest?

[pay2play1983]

Your probably out of luck. I always scratch off the silver before I send a redemption just for the fact that things like this may happen (otherwise panini wont help). If you call them with the guys info they can't tell you anything because I'm pretty sure if they give you someone else info they can be sued for that it would have to subpoenad by the police, but unfortunatly you don't have the code from the card so you really don't have a leg to stand on. All he had to say is I bought a box yesterday and pulled it. Next time scratch off the code and keep it for fraudulent purposes.

Hope everything works out but again I wouldn't hold your breath on anyone USPS, Panini, or thr police helping you since you don't have the code from the redemption.

[mindbinge]

I just got something in today that was mailed out 10/9/12...just sayin'

[superynaldo]

Okay so if he is a tax payer, then wouldn't he be using the tax money he pays to serve his interest?

wouldn't it actually be better if he used his taxpayer resources a tad bit better though instead of a dumb sports card??? seriously, at the end of the day, is all this complaining over HIS mistake really worth a POLICE REPORT???just sayin...

[achilles01987]

wouldn't it actually be better if he used his taxpayer resources a tad bit better though instead of a dumb sports card??? seriously, at the end of the day, is all this complaining over HIS mistake really worth a POLICE REPORT???just sayin...

It's part of the police man's job to respond to this kind of thing... Just saying...

[hche]

wouldn't it actually be better if he used his taxpayer resources a tad bit better though instead of a dumb sports card??? seriously, at the end of the day, is all this complaining over HIS mistake really worth a POLICE REPORT???just sayin...

Well, if the guy is really stealing other people's cards and enough people file police report on him (need to file with the PD at the guy's residence city), police will catch on.

[superynaldo]

It's part of the police man's job to respond to this kind of thing... Just saying...

they have much better things to do then chase down a petty sports card thief... believe that...:)!

[FreeMan12406]

God Bless.

[sdoug76]

OT a bit but I was at my LCS the other day and a dective came in from a city about an hour and a half away. Looking for stolen cards. Must have had some info to lead him so far away but I was shocked.

[Nick Diaz]

they have much better things to do then chase down a petty sports card thief... believe that...:)!

Yea like hold up a radar gun while eating a box of Krispy Kreme. :p

[wheeler281]

Yea like hold up a radar gun while eating a box of Krispy Kreme. :p

cause that happens all the time :rolleyes: