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MMD > Archives > April 1998 > 1998.04.25 > 02Prev  Next


Untrue Allegations
By Brian Chesters

To all MMD Subscribers.  The following e-mail was received by myself
today, and as these allegations have apparently been made to a number
of subscribers of the MMD, after two years, it is time to put the
record straight.

> Do you keep changing your e-mail address so the people that you have
> bilked out of money  can't find you.?  Don't worry, I enjoy telling
> as many people as possible what a crook you are!
>
> Ken Danckaert
> kend@lemur.org

Early in 1996, I bought a table Polyphon 15" double-comb disc box at
Phillips auction house, 10 Salem Road, London and paid a little over
500GBP for it.  Needless to say, it was in poor condition at that price
but as I only wanted the case, I wasn't bothered.  Unfortunately, it was
not the Model 45 Polyphon I wanted so I was unable to use it.

Following an exchange of e-mails, Mr. Danckaert of the USA agreed to buy
it from me at a little over 500GBP.  He paid the money to my bank and
I duly parceled up his box and at the same time another cylinder box
for a Mr. Mooney in California.

I called Parceline, a member of DPE Express couriers and arranged
collection and insurance.  The insurance cost 15 GBP per parcel and the
cover was for 500 per box.  Both parcels left the UK on 24th July 1996.

A few days later I heard from Mr. Mooney that his arrived okay, however
the Polyphon was destroyed.  I have not seen it, but according to Mr.
Danckaert, the motor was not packed enough and ran around the case
breaking things as it went.  I didn't worry too much as he was going to
get 500GBP back anyway.  On the 22nd August 1996, I obtained and sent
in a claim form on Mr. Danckeart's behalf.

I received a letter dated 19th November asking for 'proof of the
cost price of the goods'.  As I had paid a little more than they were
insured for, I sent the receipt from the auction house.  It then
transpires that the girl who arranged the shipping and insurance made
an error.  Their policy is that they only insure 'antiques' up to
100GBP.

I received a letter dated the 23rd December 1996 enclosing a cheque for
100GBP  'In full and final settlement of the claim', which cheque was
made out to myself.  I then returned the cheque after consulting with
Mr. Danckaert together with a long letter of threats dated 11th January
1997.  I never heard from Parceline after that date.  I received an
e-mail from Mr. Danckaert to say 'What a great letter'.

When it became evident that no money would come from them I offered
to see a solicitor to instigate legal proceedings with Mr. Danckaert's
permission and had a half-hour consultation with a lawyer.

There are several problems.  Firstly, Mr. Danckaert is the person who
has suffered the loss and therefore it is he who must make the claim.
As the property was his, I arranged the insurance on his behalf.  It
was possible for me to instigate proceedings 'as his agent'; however,
who would foot the bill if the case failed?  As he was not a [UK]
national, the court would not even hear the case unless a sum of money
was lodged with them enough to pay all estimated costs in the event of
a failure.

I conveyed the conversation to Mr. Danckaert and asked him what he
wanted me to do next.  After that no more e-mails were received from
him by myself until today.

In 25 years of buying and selling to all parts of the globe, I have
never even heard of another situation like this.  What should happen
now?

According to the lawyer, he must instruct them to issue a claim in the
small claims court, further he must put up a sum of money, the level of
which the court will decide.  I am quite willing to spend my time going
through the court proceedures and being called as the main witness for
the prosecution, even though I won't receive a penny from it, and I am
still willing to do that after being called a "crook".

Alternatively, he can write back to Parcelline and accept the 100GBP.
If any other readers have any other suggestions, then let's hear it.

By the way, I have a new e-mail address as I am living in Ireland which
is another country.  When I return to the UK, I will revert back to my
old address which I still have.  I am not on the run.

Brian Chesters
pianola@tinet.ie

 [ What a sad experience!  Ken, what does your lawyer advise?  -- Robbie


(Message sent Sat 25 Apr 1998, 23:54:02 GMT, from time zone GMT-0700.)

Key Words in Subject:  Allegations, Untrue

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