I am a consignor who is still owed money from Regency Superior Ltd. for stamps that were sold in the November 2016 Chicagoplex auction. I have seen the prior posts about Regency and thought I would share the information I have gathered and ask this forum for additional information that would be helpful in my efforts.
For background, I am not a stamp collector. Upon my father's passing, I
inherited the stamp collection of my late Grandfather. I entrusted the collection to Dave Kols and Regency for auction. The stamps were sold at Chicagoplex for over $20,000, but I have yet to receive the proceeds from the sale. I have been in regular contact with Regency and its bank, Central Bank of St. Louis, since early 2017 to collect what is owed to me. There is no dispute on the amount owed - I have the detailed statement from Regency showing the lot number, final bid, commission and consignor amounts. Regency blames the Bank and says the Bank controls all consignor payments as they control the company's bank account. The Bank blames Regency and claims they have not seized any consignor proceeds. Here is the more detailed explanation followed by my questions for this forum:
Under the consignor agreement Regency had fixed period of time following the auction (45 days I believe) to make payment. It appears that the Bank seized the Regency bank account in December during that intervening period following the auction but before payment. Regency explained, (through its counsel): "As of December 21, 2016 the bank has been in complete control of all assets of Regency Superior ("RS") and RS has had absolutely no ability to pay any consigners, or anyone else, without the bank's prior approval. This approval has been selectively granted, but mostly denied, upon grounds which remain a mystery to me." 4/19/17 email Dave Dave, Counsel for Regency.
The Bank concedes that they have no rights to the proceeds from the sale of consigned property. Counsel for the Bank stated: "The bank asserts rights only in its own collateral which does not include consigned goods or any proceeds generated from the sale thereof." 4/4/17 email from Counsel for Central Bank. Instead, the Bank claims that Regency was required to segregate consignor proceeds in a separate account: "On January 2, 2017, the bank was in a position to exercise its rights to its collateral and, accordingly, required Regency-Superior, Ltd., to segregate all consignment proceeds from the proceeds arising from the bank's collateral. Such segregated consignment proceeds have not been paid to the bank. As to the disposition of consignment proceeds prior to that time, inquiries should be directed to Regency as to the disposition of those funds." 4/4/17 email.
The Bank went on to suggest that Regency may have comingled the consignment sale proceeds with other sale proceeds and used consignor proceeds to pay Regency's merchant service creditors: "It appears prior to that time [1/2/17] however, Regency commingled proceeds of sales from all sources. . . . Additionally, the Bank is aware that at least two of Regency's merchant service creditors have set off significant amounts of proceeds this year before such proceeds were deposited into Regency's account, and we believe those amounts included both inventory and consignment proceeds. It is Regency who knows whose sale proceeds were seized in those setoffs." 4/19/17 Letter from Counsel for Central Bank.
Counsel for Regency disputes the Bank's position that a segregated account for consigned inventory proceeds was required. Counsel says he is drafting a response to the April 19 letter from the Bank: "I am in the process of preparing another letter to the bank's attorney disputing her account of the arrangement between the bank and Regency Superior for paying consigners." 5/9/2017 email from Counsel for Regency. I have not yet received that letter.
At the end of the day, it's not clear which party is telling the truth and I have a number of unanswered questions that this group may be able to address:
1. Is anyone aware of any Regency consignors receiving their consignment proceeds from the November 2016 Chicagoplex auction? (If so, any details would be appreciated including when the payments were made and how much)?
2. Have other Regency consignors received any consignment payments after December 21, 2016? (If so, when was the payment and how much)?
3. What is a "merchant service creditor" and does anyone know the names of Regency's merchant service creditors (and specifically, the ones used for November 2016 Chicagoplex auction)?
4. Prior posts have referenced the legal process as a means to resolve this issue. Is anyone aware of any current legal actions against Regency, Kols or the Bank? I have not filed a lawsuit but have been in contact with the lawyers for Regency and the Bank as noted above.
Thank you