PROBATION DISCUSSIONS

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Powers 1 six spine ticks (9.2)

 

Uh huh. Yep, I won't be buying from you. (thumbs u

http://comicbookrealm.com/topic/15/21323/super-rare-1994-x-men-curtains-on-ebayperfect-for-the-comic-room

http://www.ebay.com/itm/Ultimate-Spider-Man-6-Niagara-Falls-Canadian-Variant-NM-CGC-Ready-/261493475081?pt=US_Comic_Books&hash=item3ce239c709

If someone wanted to buy this from him and give him a nice neg it would make me happy. I sent this to him as part of his SS gift before he went awol from here.

WOW! I can't believe that GIJOEISAWESOME thing, I missed it. Yeesh.

I'm going to go dig through old PMs with him, fairly certain he was nearly the first person I ever put on a personal do not sell to list.

Ahhhh yup, he got me for a $12 partial refund.

I gave him two options refund $12 on shipping or full refund after he returned all books.

Ahhhh yup, he got me for a $12 partial refund.

 

I gave him two options refund $12 on shipping or full refund after he returned all books.

I think if we asked around there wouldn't be a single transaction that he didn't try to get a partial refund on...

*headsmack*

Ahhhh yup, he got me for a $12 partial refund.

 

I gave him two options refund $12 on shipping or full refund after he returned all books.

 

I think if we asked around there wouldn't be a single transaction that he didn't try to get a partial refund on...

 

*headsmack*

I still believe it was the father on here doing the negotiating and partial refund scenarios.

PM's like this one lead me to believe that I wasn't talking to a child...

I'm going to go ahead and ask, on the freebies, please no adult stuff or MA/R rated stuff. Thanks (thumbs u

... but then with this one... it's not really clear

So will you ever consider trades for them? Scoob 1? ANYTHING MICHAEL! ANYTHING!!!! PWETTY PWEASE!

Oh Hamburgers!

On an unrelated note-if you paid someone over $900 on May 27th and you go to track the package hmmm today? Package originated in Canada-And you get an error message and then you ask them track it and they get info showing its being returned to them because recipient not located at address, turns out they shipped it to completely wrong address in wrong city-is it wrong to just ask for a refund and skip waiting around for customs for to Canada back to USA.

Is it Probation List worthy if someone ships your package that you paid a substantial amount of money for to the wrong address?

Oh Hamburgers!

 

On an unrelated note-if you paid someone over $900 on May 27th and you go to track the package hmmm today? Package originated in Canada-And you get an error message and then you ask them track it and they get info showing its being returned to them because recipient not located at address, turns out they shipped it to completely wrong address in wrong city-is it wrong to just ask for a refund and skip waiting around for customs for to Canada back to USA.

 

Is it Probation List worthy if someone ships your package that you paid a substantial amount of money for to the wrong address?

For the first, I guess it depends on how badly you do or don't want the book, but I would give the seller a chance to make things right. Putting myself in the seller's place, and having made this error, I would likely hope to make the transaction work again with some compensation to the buyer. So perhaps a refund on shipping already paid and the seller pays out for a faster shipping method the second time to expedite the book.

For the second, it is not PL worthy in the first instance, if the seller attempts fairly to make it right. Only if the seller is not stepping up in a timely way to fix it would it be PL worthy.

Oh Hamburgers!

 

On an unrelated note-if you paid someone over $900 on May 27th and you go to track the package hmmm today? Package originated in Canada-And you get an error message and then you ask them track it and they get info showing its being returned to them because recipient not located at address, turns out they shipped it to completely wrong address in wrong city-is it wrong to just ask for a refund and skip waiting around for customs for to Canada back to USA.

 

Is it Probation List worthy if someone ships your package that you paid a substantial amount of money for to the wrong address?

 

For the first, I guess it depends on how badly you do or don't want the book, but I would give the seller a chance to make things right. Putting myself in the seller's place, and having made this error, I would likely hope to make the transaction work again with some compensation to the buyer. So perhaps a refund on shipping already paid and the seller pays out for a faster shipping method the second time to expedite the book.

 

For the second, it is not PL worthy in the first instance, if the seller attempts fairly to make it right. Only if the seller is not stepping up in a timely way to fix it would it be PL worthy.

This all seems reasonable. It is a large lot of books and I did get a decent deal on them but if its going to be nearly a month from purchase date by the time they get to me

Was this a paypal transaction Jason?

Was this a paypal transaction Jason?

valid point. You could ask for a refund and then do a repayment to reset the "refund clock" so you still have time to ask for a refund in case you get a box of german newspapers....

Yeah it's Paypal. I asked for a refund. It's unread. Just seems grossly negligent to ship a package of that value to the wrong address.

its going to be nearly a month from purchase date by the time they get to me

A whole 30 days?

I am writing for the inclusion of higgsboson/Larry Margulies to the Probation List. This is my first time with one of these, so bear with me.

To start, I am a huge Flash Comics collector. I have been trying to assemble a run for quite some time. Early on, one "grail" of mine was Flash Comics 100. Posted on eBay by "biffcomics" (now going by "jmontalto1121") was a raw Flash Comics 100 listed at VF-/VF. Eyeing the grade and auction, I knew I didn't have funds (well, really, clearance from my wife) to pay full on the book at the time. So, I reached out to the seller (Larry) to ask if he could do time payments. I received the following response:

"I can do up to 3 months. 25% due within 1 week. 3 payments of 25% due 1,2, and 3 months after the first payment. When full payment is received the book will be shipped. ..."

The reserve on the book, initially, was $1,600. At the time, this would have been the highest priced book I'd have bought. As such, I had concerns, and reached out accordingly.

"If you're okay with the payment plan, I'll make a run at the book. Let me know.

 

Also, no restoration, repairs, touch-ups, etc., correct? $1,600+ isn't a cheap book."

Larry wrote a reply to my questions, including the following:

"...Anyway, I'm a bit too tired to rewrite everything, but the payment plan is fine if you win the auction, and you are fully protected if any restoration has slipped by me (I had the book examined by 3 long time dealers in new york (one is a long time overstreet advisor), and none of them found any signs of color touch or any other resto. There is no tape or other foreign material on any part of the book. ..."

Further, in another reply, Larry wrote:

"...As I said I have a full refund policy on any book that is found to be restored at anytime. ..."

Fast forward, and Larry lowered his reserve on the auction and I won the item at $1,500 (6/22/2012), paid via payment plan and finally received the book (shipped on Sept 19th, 2012). Upon receipt, I was happy. I submitted to CGC some time thereafter. Unfortunately, it came back restored (details below) . That's when the problems began.

Here’s my first email to Larry after getting the book back from CGC (1/26/2013):

Hey Larry,

 

I bought that Flash 100 from you several months back. I submitted it to CGC, and it just came back from CGC with a purple label. It's an 8.0 with tear seals. I am very frustrated. In one of our messages from June, around the time I started making payments, you said you'd offer a refund if a book was found to be restored. This was not a cheap book, as you know. I'll forward you the thread. Please advise.

Larry’s response (1/27/2013)

Andrew,

.

Of course I stand by my policy. That really sucks. I was assured it was not restored. I will definitely try to get a refund from him. Is it ok if I refund you in installments? I won't burden you with the details, but the last year has been pretty rough and I'm just getting back on my feet. I assure you, though, that I will fully refund you. I stand by my word. Give me the total I owe you including the CGC fees. I don't know if you are interested in the 9.0 FLash #22 (it's CGC blue label, so no worries there) but if so I can send it to you to help make up for the #100. If it doesn't interest you, no problem, I will get you a full refund.

 

I'm really sorry about this. I'm really surprised. The seller is very trustworthy in my past dealings with him. I don't think he caught the tear seals, I didn't and a shop owner who is an overstreet advisor that I showed it to didnt catch it either. I share you frustration, but I will make it right.

I didn’t want the Flash Comics 22 when initially offered. Nice comic, but I’d rather put my money elsewhere. Flash Comics 22 was just not a book high on my priority list at the time.

Larry’s next response (1/28/2013)

Andrew,

 

Here's the address you can send the book to:

 

[Larry’s address intentionally omitted]

 

I was wondering if you give me some more details about the CGC grading:

Serial #

page color

restoration notes on label and type (amateur/expert minor/moderate)

Do they say where the tape seals were? Did you notice them or can you see them now through thecase? I only ask to help me determine it's value and also to see if it may be a candidate for resubmition. I've had books, like this one, that I had a number of very experienced dealers examine a book for me and tell me that they see no signs or restoration and after submitting it comes back purple and I ask CGC where the restoration was found so I can know where to look, and still I dont see what they claim, so I resubmit and often it comes back blue. I'm not backing out of a refund, just letting you know that I think there is a good chance that I will still be able to recoup my loss. CGC is odd and they make a lot of mistakes given that there is only 1 expert restoration guy working there and only 4 expert graders given the volume they process.

 

Anyway, I'll If you could give me 2 weeks at most I'll send you the first payment of $400.

My response:

First, I'll get the book out via FedEx today. I'll send to the address you provided below.

 

Next, with respect to the book, here goes.

Serial Number: 0204610001

 

Page Color: Off-White to White

 

Restoration Notes on Label: Restoration includes tear seal to cover; cover cleaned

I have included a few pictures - of the label and of the book.

 

As for the funds - my PayPal account is: [intentionally omitted]. That's the best way to route them.

 

Thanks again for your understanding here. Bad situation for us both. If this book had come back blue, I would have sent you an email telling you how happy I was and extending another thanks. It's unfortunate.

I was fine with payments being broken up in return. Larry provided me with time payments. I felt it only fair that I provide him with the same flexibility.

I mailed the package on February 3rd, 2013 and sent email confirming same. Communication from Larry slowed considerably thereafter, but, essentially, that’s where things ran aground. We traded emails and phone calls, always with promises to send payment. There was never follow-through.

Without mentioning details, Larry conveyed that he was going through tough times. In response, I did my best to provide space, tried not to be nagging and to think creatively about how we could forge ahead. For instance, an early example of that brainstorming came on 3/9/2013.

We could brainstorm another route. I know you're a serious collector. Perhaps we look at trade. Can you send me a list of what you have? You mentioned Flash Comics 22. What other Golden Age conics or Silver Age keys do you have?

We had a lengthy phone call in April of 2013 where Larry provided some more information related to his situation (and that his books, including Flash Comics 22, had been stolen outside a comic convention). I felt bad for him, obviously. I tried to find the easiest way to get us square. On the call, he promised to send $50 checks each month. Though it would take 2.5 years to pay me back ($1,500/50=30 months), I preferred that to nothing and agreed to his proposal. He said that was doable. Thereafter, nothing happened. Here is another email I sent him on 5/20/2013.

Another month of silence has went by since we spoke. Per our last discussion, you were going to pay me $50 after our call and each month, but nothing has happened.

 

Please advise.

Then, out of the blue, a $100 money order came in June of 2013. I was elated – though far from whole, there’d finally been movement. I sent Larry the following:

Just want to write to confirm that I received your $100 payment. Much appreciated. $1,400 remains. I'll write you after I've received each payment.

As I made my way to the bank, I noticed that Larry had the name wrong on the money order (“Matt Baker” rather than “Andrew Baker”; I didn’t catch that at first glance – being as I was just happy to receive some money). I have a photo of the money order, as I sent Larry a picture of it. Larry then began to respond to emails. He told me he could not stop payment without the money order (I’ll leave this email out, as he detailed more personal issues than bits of relevance to our dealings).

Then, on December 21st I wrote a lengthy email to Larry. I had intentionally waited, given how jarring his prior email was (detailing his personal situation). In that email, I laid out what my approach was. I wanted to be open with Larry that I would be going through the court system. I didn’t want there to be any surprises. Here's that email:

Larry,

 

It has been several months since I've reached out. Given the below message, I hope you were able to find a bit more stability in that time. Though our dealings have become frustrating, I honestly hope that you are doing well and that you have a successful future. I mean that.

 

However, I am writing, again, regarding the $1,500 you owe me. I have not forgotten, and I will not forget. It is unfortunate that your personal situation turned as our deal went sour. But, as it relates to our transaction, I am the one left in the hole - unfairly. The amount of money you owe me is considerable, and I feel you have done little to make it right.

 

After your email, I sent the $100 check back to you (the check you sent me had the incorrect name, as you'll recall). You never sent me a replacement check with the correct name. As such, I am still without cash, comics or a plan.

 

I would like you to propose a plan before the year concludes (though I am not asking for payment during the holiday season). I want it to be something attainable and reasonable (which I have tried to be). I'd like to know when and how you can get me the $1,500 or comparable. If not, I will do the following:

1. Post a lengthy write-up on the CGC message boards stating the background of our dealings and firmly stating that you have stolen $1,500 from me.

 

2. Through my network, I am going to hire a Canadian lawyer and begin working with [Larry's employer, intentionally omitted] via the judicial system to garnish your wages. Most of my connections are in large Canadian law firms, but I am certain they can direct me to someone in your area that works at a local level. It may cost me more than the $1,500 you owe me to make that happen, but I'm prepared to do that. [Larry was in the States when the deal was initially reached. He since moved to Canada for work.]

 

3. However, in order to accomplish number two, I may need to get a judgment here in the States. If I have to go that route, I'm also going to bring your ex-wife into this and name her in the complaint. At a minimum, I will allege breach of contract and fraud. Technically, you were married when the transaction took place so the proceeds of this transaction were marital assets. Also, she sent me the comic book and corresponded with me via email, if you remember -- so she was aware and a part of the dealing. The Statue of Limitations here is far from up on this one, and our correspondence is extensive on this all, so getting a judgment is merely a formality. If I do not hear from you before the end of the year, I will send her an email letting her know a complaint is forthcoming. I will copy you on that communication.

This isn't how I want this to go, but I want to be open with you. I do not aim to harm you personally. This is purely business, and I hope you view it as such. I want to be made whole, not to harm you. I will proceed through the courts to make this right, if you are not willing to cooperate.

 

To move forward in the easiest way, I would like a plan. And, if you veer from the plan without communication again, I will begin moving forward on other fronts, including those listed above, for any unpaid amounts.

 

If you plan on settling this in a means other than cash, let's discuss it. I would also accept comic books in trade. When last we spoke, you said you had some comic books and that they were at your mother's house in Florida. She could send them to me. Upon receipt, I could send you an email absolving you of your debt. Before accepting the comics, I would have to approve what is or is not appropriate. There would have to be demand in the market for whatever you'd send in trade, as I intend to sell them to recoup the owed monies. Or, your mother could sell them for you and send me the money. Or, I would take other, sellable items that could reasonably be sold for the outstanding amount. If you plan on things other than comics, I want to know what they are, and I need to provide approval. There are many ways to move forward here, but you would have to want to make this right.

 

I only want to be fair and receive fairness in return. Please imagine yourself in my shoes. What would you do?

 

I look forward to hearing from you, and I look forward to a resolution that puts this all to rest.

I followed up again January 8th, 2014 after receiving no response. No response to that follow-up either.

I have since talked to a few trusted advisors about the situation. However, because I have been wickedly busy at work, I haven’t executed on that plan involving the court (or the post on the boards either, obviously). That said, it is still the path I intend to take.

In sum, we’re nearly two years past our first communication. Larry has $1,500 of my money and I have nothing (not even the restored comic book). Intentionally or not, he has jerked me around without serious attempts to resolve the situation. I understand that life has dealt him a rough hand lately, but that does not absolve one of his/her responsibilities. I've tried to be patient.

And, though two years removed from our initial communications, I would happily agree to a plan to right this. All I want is to be made whole. That’s it. There is no personal vendetta here at all. It’s just business. We have settled on various payment plans – none of which he would execute upon. The facts are simple, and I’m willing to be creative (full payment, time payments, trade in lieu of amount owed, etc.). But, it requires Larry to be willing to correct the situation.

To address it directly, during the first portion of this interaction, I was not a member of the boards. However, I would include any number of the promises or plans Larry has put forth or made (but which were not followed through by Larry) after my joining the Board to be significant enough dealings to bring this transaction under the rules of the Probation List. Those discussions for compensation and subsequent failure to execute were between two boardies.

In sum, from my vantage, the Probation List is here to help instill confidence in transactions and dealings within the CGC Messageboard community. For this not to be addressed and acknowledged not only skirts fairness but hurts other members who may also encounter the same dealings from Mr. Margulies.

Is there a Cliff Notes version available?

Nope. Just the full read. Guidelines asked for details.

Is there a Cliff Notes version available?

You're a lawyer, have someone in your office read it for you

Certainly seems probation worthy to me. Yowza.

I feel for you, man. I'd definitely go the court route. He's had plenty of time to at least respond to you and work something out.