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#101
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Memory Lane is in a tough spot and doesn’t want to do anything to jeopardize their insurance. My personal opinion is to support Memory Lane and unite against the thief.
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#102
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That would be “interesting” insurance policy language if it required a fake auction to establish value or the recovery would be zero. If the items are covered there would be many alternatives to determine value that wouldn’t involve wasting customer time.
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#103
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+1. I find it extremely difficult to believe the insurance policy requires a fake and fraudulent auction following a theft. Can anyone show an insurance policy like this? Please !
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#104
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It seems to me that liability would be with the hotel, who had to have agreed to hold the package while they waited for ML to check in a few days later. I feel it was poor judgement, at best by those at ML, who decided it was a good idea to do this. I doubt the hotel had the means to adequately protect the contents of the box.
I simply do not see a scenario where ML's ins carrier would cover the loss. It was delivered and signed for and it was delivered to someone who was not an agent of the company. Seems like an easy denial. And although it is entirely at the bidders expense, letting the auction go seems to be the best approach to making sure you have a value on the loss. Hopefully the auction was run clean and there was no shill bidding on those lots. Nobody wins here but this was easily avoidable.
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( h @ $ e A n + l e y |
#105
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If insurance companies did this, pretty soon reputable AHs will start advertising their auctions as "Guaranteed Phantom-Free" |
#106
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All collectibles insurance policies have caps on the amount they will pay out for a claim for items shipped via FedEx et al. These limits are relatively low with respect to one's overall policy coverage limits. It's also why other auction houses use armored trucks to deliver high valued packages. I'd be surprised if ML is in fact covered should they indeed have to file the claim.
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If it's not perfectly centered, I probably don't want it. |
#107
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Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 05-07-2024 at 10:27 AM. |
#108
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Three issues pop out to me: 1) who is responsible/liable for the loss, i.e. which insurance policy(ies) is/are in play; 2) what is the extent of coverage under the policies-- not so much monetary amounts but the extent that exclusions apply; and, 3) what is the amount of monetary damage.
As for the last of these, it seems reasonable to have conducted the auction to establish current value, especially if many of the cards had not been in the market recently. I highly doubt any insurance company insisted on this format because value could be established in other ways. Rather it was in ML's best interest, as well as those who would receive compensation, to have the most recent pricing data available for the insurance claim. And it is just that-- a claim-- which the insurance companies can and (gasp) do dispute. They will no doubt investigate the bidding to look for irregularities or other signs of skullduggery, but assuming all went forward on the up and up, the final hammer prices are excellent evidence of value.
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Now watch what you say, or they'll be calling you a radical, a liberal, oh, fanatical, criminal Won't you sign up your name? We'd like to feel you're acceptable, respectable, presentable, a vegetable If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other.- Ulysses S. Grant, 18th US President. |
#109
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#110
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One word of caution in this thread. The standard rule is going to apply. It's right above on every page. Be prepared to put your name or edit your post if it doesn't conform. Or you can edit out your comment, if you don't want to put your name next to it.
If you fail to, it will be edited and/or your name will be put under your id. Thanks for everyone's understanding. If you write anything concerning a person or company your full name needs to be in your post or obtainable from it. .
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Leon Luckey www.luckeycards.com Last edited by Leon; 05-07-2024 at 11:03 AM. |
#111
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Now watch what you say, or they'll be calling you a radical, a liberal, oh, fanatical, criminal Won't you sign up your name? We'd like to feel you're acceptable, respectable, presentable, a vegetable If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other.- Ulysses S. Grant, 18th US President. |
#112
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Best post in a long time.
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#113
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I would expect to see some of these being cracked out and sent for grading.
Slowly, and through different companies if they're smart, all at once and through the same company if they're not. |
#114
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And how honorable is it to let the stolen card lots continue as if the cards were still legitimately being auctioned? At some point before the auction end these lots should have been closed when they hadn't been recovered. As others have mentioned value could have been determined by other methods rather than an integrity challenged phantom auction. Perhaps out of my financial collecting universe, but I think a common sense perspective...my 2 cents from a guy who owns multiple cards worth 2 cents. brianp(arker)-beme Last edited by brianp-beme; 05-07-2024 at 10:54 AM. |
#115
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Probably a bit premature but it would be prudent to publish a list with hi-res photos of the stolen cards along with any unique identifiers so TPGs and others in the hobby could keep an eye out for them.
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#116
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I think you’d have to let the auctions run for the benefit of the consignors no? Otherwise what do you pay them? I wouldn’t necessarily want the AH to decide what my card might have sold for.
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#117
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#118
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I know my answer would be 'less trust' and I suspect yours would be as well. Without having access to the actual policy itself, the best we can do is speculate and estimate what the likelihood is that an insurance company would actually pay out on such a claim. Perhaps Jeff has already read the policy and is the one representing them though? Because otherwise, I can't figure out why he'd be so confident that ML is in fact covered should the cards never surface.
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If it's not perfectly centered, I probably don't want it. |
#119
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But then again, this parallels how most practices only get changed after something catastrophic occurs. As I learned last semester in my Human Nature 101 class. brianp(arker)-beme |
#120
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Since most auction houses are not capital intensive and the cards are not recovered, ML will probably only have 2 routes to compensate consignors, insurance recovery or sue Best Western for failure to protect the cards once they were in possession of the cards, which they clearly did not. This is a clear responsibility under state's bailee laws. And I agree the limit under the transit portion of their policy would be lower than at the original location. I had nearly 30 years in the insurance industry and that is the normal procedure.
I say all of this because it is a distinct possibility that paying out their own pocket could bankrupt ML. |
#121
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I really doubt it is against any rules as a there are a ton of eBay sellers who don't own anything they have listed for sale.
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#122
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Any concern with the the lag time between when the cards were stolen and when you were notified? |
#123
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( h @ $ e A n + l e y |
#124
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Again, to me this keeps coming back to horrible judgement by the auction house. And just because they did it without incident 20 times does not mean they should have ever done it at all.
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( h @ $ e A n + l e y |
#125
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#United
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#126
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I suspect you could go to the recent auction, sort by highest price, and then select the top 50 cards and you'd have a pretty good idea of what was likely stolen.
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If it's not perfectly centered, I probably don't want it. |
#127
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If it's not perfectly centered, I probably don't want it. |
#128
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( h @ $ e A n + l e y |
#129
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Just maybe Probstein is putting on a dog and pony show...for social media to...show everyone how awesome he is. VOMIT. Anyway, as I posted above, the insurance policy will dictate the method the insured is required to use based on the value of what is being shipped. And it is 50 fucking cards. Carry them on the plane with you.
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( h @ $ e A n + l e y |
#130
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The handling of this situation is just driving me nuts, and these type of things normally don't. I have never had (nor will I in the future) any interaction with this auction house. Mistakes can and will be made, but...
Here is a quote from one of Ryan's prior posts about how Memory Lane informed him how they would handle the following scenario: Third, I was told anyone who won a stolen card will be given the option, but not obligation, to buy the card at the hammer price + BP if they are found. Really, they would still be looking to profit from the winners of these stolen cards (who placed their bids with the understandable belief that it was a normal auction for these cards, not a phantom one) if they happen to resurface? Does a real company that has made serious lapses in judgement and caused bidders and consigners such headaches and confusion really have the audacity to handle things in this manner? To still offer the cards with a Buyer's Premium? Own up to your mistakes and do the right thing! Or else a fair amount of folks, to keep things on baseball terms, will think strike three and you're out. brianp(arker)-beme (I have already ejected myself from this Auction House's game) Last edited by brianp-beme; 05-07-2024 at 12:20 PM. |
#131
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( h @ $ e A n + l e y |
#132
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If/when I do get paid, I will disclose. If issues arise, then I have a forum to post on and I have legal recourse. But again, I believe the odds of needing either of the latter are super low. For what its worth, I know more than what has been posted here, but its not my job or place to discuss (and none of your business to hear) some of these facts, especially those concerning the investigation. All I will say on the matter is that as someone who is potentially materially impacted, I am very satisfied with how this is being handled so far and I do not blame Memory Lane -- its a shitty scenario all around. I hope (and frankly expect) that in time Memory Lane will make some announcement on the matter. But I expect that right now they are doing what advisors suggest (counsel, police, insurance, etc) and they are focused more on navigating this crappy situation than satisfying the interests and curiousity of message board posters. BRIAN -- I dont know if ML will charge a buyer's premium, I assumed they would. The point is that no impacted winning bidder will be bound by their bid in the event the cards resurface -- they will be given the option and not the obligation to buy them (I assume on the terms run in the auction). Last edited by Rhotchkiss; 05-07-2024 at 12:27 PM. |
#133
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Brian |
#134
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The ML rep was coming from the East Coast and the cards were located in California; that is why they were shipped (similar to how high value items are shipped every day).
But the method of transit is also moot, because the items were stolen after they were safely delivered. The package was supposed to be held in a secure place by hotel management. Memory Lane could have had a California-based employee drive the package to the hotel by Sherman tank or armed convoy, and still, once hotel management was asked to store the package in a secure room, it could/would have been stolen just the same. |
#135
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Here's an aspect I don't recall seeing mentioned thus far. Did Memory Lane notify the hotel in advance of the $ value of the shipment? My guess is NO! If ML did advise the value, I'm guessing that the hotel would have refused to accept any liability for loss or damage to the cards while in its possession. Also, I'm thinking the hotel would have instructed ML to address the package to the hotel's manager, who immediately after signing for the package upon receipt would have placed it in the hotel's safe. And, I'm thinking that the hotel would likely have charged ML for this extra service.
IMHO, it was totally inappropriate, even if not illegal, for ML to continue the auction for these 50 cards because ML knew they were not available to be delivered to the auction winners. IMHO, this is the same as the eBay scenario that someone mentioned. While I fully understand the desire to continue the auction in order to determine values to be paid to the consignors, IMHO, this does not override the total inappropriateness of leaving these cards in the auction.
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Seeking very scarce/rare cards for my Sam Rice master collection, e.g., E210 York Caramel Type 2 (upgrade), 1931 W502, W504 (upgrade), W572 sepia, W573, 1922 Haffner's Bread, 1922 Keating Candy, 1922 Witmor Candy Type 2 (vertical back), 1926 Sports Co. of Am. with ad & blank backs. Also 1917 Merchants Bakery & Weil Baking cards of WaJo. Also E222 cards of Lipe, Revelle & Ryan. |
#136
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#137
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This entire situation is just terrible. Truly awful people exist in this world that commit acts like this. For the sake of all parties involved, I hope the cards are recovered, but I do not think it's likely.
Ryan, your insight and transparency regarding all of this has been great. People can point fingers until they are blue in the face concerning whose fault it is, but the situation is what it is.
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Successful Deals With: charlietheexterminator, todeen, tonyo, Santo10fan Bocabirdman (5x), 8thEastVB, JCMTiger, Rjackson44 Republicaninmass, 73toppsmann, quinnsryche (2x), Donscards. |
#138
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This is the issue for me and obviously others. Stuff of this value shouldn’t have even been in the hands of hotel management/staff.
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#139
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__________________
Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ Last edited by Peter_Spaeth; 05-07-2024 at 12:57 PM. |
#140
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Brian |
#141
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__________________
Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ |
#142
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Say Joe brought them in person, kept them in his room. Goes out for a burger. Can't the room safe get burglarized? Say Joe kept the box on his person at all times. He can get robbed. Then what— the internet says he's dumb for carrying them, why didn't he put them in a safe or ask the hotel to put them in the management's safe. Like you said, Peter: hindsight is 20/20. People on the internet can Monday Morning QB this thing a billion different ways. But thieves are gonna thief. |
#143
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__________________
Net 54-- the discussion board where people resent discussions. ![]() My avatar is a sketch by my son who is an art school graduate. Some of his sketches and paintings are at https://www.jamesspaethartwork.com/ |
#144
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I cannot see how sending the box, which could have been carried on a flight, to a Best Western in the middle of nowhere USA to sit and wait for an agent of the company to show up 3 days later to claim them meets the level of safeguarding. To me it is careless but I am sure we are missing lots of details.
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( h @ $ e A n + l e y |
#145
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#146
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All this talk of hotels did make me think of this vintage commercial
https://www.youtube.com/watch?v=eHCTaUFXpP8 |
#147
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Is there a list of the cards that were stolen?
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#148
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#149
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#150
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I believe Memory Lane had and has a good faith need the cards would be recovered. It is making consignors whole. I cut ML slack here.
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