Cannon Estate Consignments, INC

Review: On 2/10/2013 at an antique and jewelry show, I consigned 35 vintage purses and 18 jewelry pieces with [redacted] (“[redacted]”) – who had requested that I bring the pieces to her at the end of the show. I was agreed that the consignment period would be six months, after which time we would review the sales progress and determine whether the consignment period should be extended.

After a review, [redacted] indicated that she needed to “research” some of the items to determine and appropriate reserve price for each. [redacted] stated that she would contact me soon thereafter so that we could agree on the reserve price for each item before placing them up for sale. My husband photographed the items and forwarded the photos to [redacted] so that we each would have a record of the items consigned.

[redacted] never contacted me regarding reserve prices – however, on one occasion she did email me to ask whether she could sell a valuable purse in my collection (a micro beaded figural bag) and I indicated that the price offered was too low.

Subsequent to that communication and, after many phone calls back and forth and broken promises for an accounting and payment, I finally received this past April a return shipment of purses and jewelry and (in a separate mailing separately) a check for $1668.00 in partial payment of the amount due me.

Net Result:

1. Three vintage purses missing and unaccounted for.

2. One jewelry case missing and unaccounted for.

3. Necklace case improperly returned to me, belonging to someone else.

4. Two purses improperly returned to me, belonging to someone else.

5. Two vintage purses damaged – due to mishandling and/or improper packing.

6. One purse sold without my authorization – if [redacted] had contacted me as she had promised, I would have set a reserve of $2500.

7. All other items – eight in total – were sold without my authorization, as I never was given the opportunity to set a reserve.Desired Settlement: Damages sought:

1. $850.00 for 3 vintage purses sold without my authorization.

2. Return of the missing jewelry case. (replacement value approximately $25.00)

3. Repair or replacement of damaged purses (replacement value approximately $900.00)

4. Compensation for improper and unauthorized sale of micro figural beaded bag (an additional $1100.00 over compensation received).

TOTAL DAMAGES: $2875.00

Business

Response:

1) [redacted] came to my booth at the [redacted]) Antique Show (not jewelry show) on or about 2/9/13. She stated she had a large collection of designer handbags that she would like to consign. She stated she would return with the purses that day. However, she did not return to the show until approximately 5:00 p.m. on Sunday 2/10/13 (the last day of the show) when the show had ended and I was packing up. I had asked her NOT to come at the end of the show because I would be busy packing & closing the show and did not have time to inventory her merchandise. She decided to photograph the purses and costume jewelry at the show as I was packing up. Her husband, [redacted], photographed the items and said he would send copies of the photographs to me. However, he photographed ALL of the purses she brought, even the ones I did not accept for consignment. When I realized he was photographing all of the purses I made a count of the purses I was accepting which numbered 35. Therefore, those photos are not accurate as to the number of or actual bags consigned.

2) Upon examining the purses, I pointed out to [redacted] that most of the purses were damaged. She agreed that the purses were in "rough shape" and that she bought most of them as projects, intending to fix them up but never did. She stated these were the ones she never used since they needed repair and were just sitting in her closet. She was moving and wanted to sell them. She also told me that she had shopped for them in Europe many years ago and admitted she understood that she grossly overpaid for them all. There were many purses that I did not accept, which she took home with her. However, when [redacted] sent the pictures he took, they included of all the purses, even the ones I did not take on consignment. Therefore, we will proceed on the number of purses on the Agreement, not in the photographs.

3) I made it perfectly clear to [redacted] that she would NEVER recover her costs based on what she had overpaid for the purses. She agreed to my setting the price at Fair Market Value (FMV) on all items because she overpaid for them and most had condition issues. There was no discussion of a reserve on any bag. [redacted] signed and agreed to our Merchandise Consignment Agreement (“Agreement”) dated 2/10/13 consigning "35 vintage purses per photo and 18 pieces of jewelry” which were to be sold at “FMV”. A copy of the Agreement is being forwarded under separate cover.

4) As to missing crystals on the [redacted] metal purse and the wooden German purse falling apart, that is the condition in which she consigned them to me. The [redacted] metal purse was in unsellable condition and she admitted she had been was told that it would need to be repaired in order to get top dollar. She knew this and said that is why she wanted to consign it. She even had another [redacted] purse in the shape of a cat that was in even worse condition, which I did not take on consignment. It is well known that [redacted] crystal purses constantly lose crystals, it is just the nature of the beast. As to the German wooden purse, the top is held together with two metal clips inside, one of which was out when she consigned it to me. We had to put the clip back in place every time we showed it. It is a cheaply made souvenir item that fell apart easily and could have been repaired by just replacing the metal clip into the slot.

5) The Agreement signed by [redacted] clearly states that we are not responsible for reasonable wear and tear. If there was damage to any item that occurred during consignment, it would have been reasonable wear and tear. However, no damage occurred in my possession. All damage was present when consigned by [redacted].

6) I did not say I needed to research to set a “reserve” price on her items I stated I would research some of the beaded bags to determine a Fair Market Value. [redacted] agreed to this both verbally and in the Agreement. The diamond necklace that was returned to [redacted] was appraised by a Certified Jewelry Appraiser on March 15, 2013, at my expense ($35.00). I sent [redacted] a copy of this appraisal and never heard from her.

(7) I did not reach [redacted] by email regarding her large tapestry purse, but I did call her from a show in [redacted]. in May, 2013 to tell her I had an offer of $600 on that purse. She told me at that time she wanted at least $ 1,000 for that purse. On August 22, 2013, I did sell that same purse for $1,000 as discussed. She has been paid for this but is now saying it was an unauthorized sale. Again, I refer to the Agreement, which authorized my selling it.

(8) [redacted] did not contact me again until January, 2014, when she sent me an email saying she wanted to pick up her bags when I was next in [redacted]. Shortly after that she called my home at 10:30 at night. I told her I had sent her an accounting and check on October 29, 2013. She said she never received it. She then told me she had moved but had not provided me a forwarding address. She became upset when I told her we would not be coming back to [redacted] as the show had been cancelled. Following this I received several calls and emails from her husband which I responded to except when I was travelling. Her husband admitted that he had an incorrect email address for me and he had changed his email address and home address, so they had not been getting my messages.

9) We sent [redacted] a full accounting for all items sold. We returned her unsold items to her at my expense (over $70) in or about March, 2014. Yes, they inadvertently went to old address (on the contract), however, she did get the package. Her Revdex.com complaint was sent while I was travelling and could not respond. The return package that [redacted] sent to me came in one day before she filed the complaint. However, I was not back in the office until a few days ago to open her package and address her concerns.

I will stipulate to the following:

a) I did return the incorrect jewelry case to her. I have her original case, which I will send to her. However, the value on this case is zero. It is old and worn. I don’t know where she is getting her valuation of this item.

b) A pink metal purse was shipped to her in error. The purse that I did sell that was inadvertently left off the accounting is a purple snakeskin [redacted] purse. This purse had several charms missing and sold for only $225.00. She will be paid for this purse, less my $90 commission, which will result in a net payment to her of $135.00, per the Agreement.

In her April 28, 2014 letter to me, [redacted] states that two other purses were not returned to her. These were sent to her and I suggest [redacted] check through the box. They were small and in need of repair and not valued anywhere near $850 as she is asking. One was a miser purse, which had a bugle bead drawstring handle and had very loose and unattached beads. The second purse she is claiming to have not received, was a 100 year old crocheted and beaded purse, also coming apart. At most, they were worth $50-75 each at full retail. Again, I don’t know where she is getting her valuation of these items

Conclusion

By signing the Agreement, [redacted] specifically gave me authorization to sell her items at FMV. Her statement that they were sold without her authorization is false. There was no provision for setting reserves on any item other than FMV as determined by me and [redacted] never contacted me in this regard.

I will forward [redacted] jewelry case and a cashier’s check for $135 in net payment for the purple [redacted] purse. We deny the rest of her claims

Sincerely,

Cannon’s Estate Consignments, Inc.

Consumer

Response:

I have reviewed the offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[redacted] has made an offer of $135 against my claim of $2875. This will not work.

[redacted] knows that her response is at variance with the facts and the truth. I am looking at other alternatives to a dispute resolution with the Central Virginia Revdex.com. This is now more than just being about money. I don't want [redacted] to be able to continue to conduct business in this unethical fashion without experiencing any adverse consequences.

That being said, I thank your for your attempt to mediate this dispute.

With Very Best Regards,