Wednesday, February 5, 2014

Mike Burns: OFFER UNFULFILLED. Me: UNPAID STILL



FYI

---------- Forwarded message ----------
From: Anglen, Robert  
Date: Sun, Sep 28, 2014 at 9:40 AM
Subject: Story on camelback consign
To: Glenn Michaels 



Story is in today's paper. Your blog is mentioned prominently in the story. Thanks for all of your help. Here is a link:


http://www.azcentral.com/story/money/business/consumer/call-12-for-action/2014/09/28/missing-painting-returned-owner/16373445/


Of Picketing and Promises

By: Gullible Me

Chronology: 2/5/ - 1/18/2014


Published: February 15, 2014
Updated: 3/23/14

For more details, see the blog posts listed at the bottom of this page.

February 5:

The day is just dawning and what it will bring is easily guessed. But even the best guess remains a guess until the appointed time has come and gone.

I do hope that I am not forced to pick up my picket sign and march in front of Camelback Consign and Design again this weekend.

February 4:


I call at 11:45. Only the voice mail answers. I leave a message. I repeat this on the hour, twice more.

At 3:00 PM, I drive over to Camelback Consign and Design, unannounced, where I encounter Mr. Burns. "It's been a day from Hell," he tells me. "Very busy!" 

"How late do you work," he asks. I tell him. "Call me around 5:30 PM," he requests. "Perhaps I can close early so we can meet."

At 5:30 PM, Mr. Burns tells me that tomorrow will be better. "What time do you eat lunch," he inquires. "Let's meet at 1 PM for lunch," he proposes. "Where would you like to eat?"

I suggest That's A Wrap, just three blocks to the west of Camelback Consign and Design.

"I like that place," says Mr. Burns. "One PM. See you then."

February 3:

Again, no meeting. He is waiting for a consignor to arrive with a number of paintings purchased 40 years ago for no great amount of money. Today, those paintings are very valuable, he says. He has to wait to receive and inventory them. Also, they will help him gather the money to pay me... somehow. He will contact me as soon as he completes this task.

 Mr. Burns calls late in the day and sounds quite apologetic. The paintings had only just arrived.

 We will absolutely meet the following day, he says, Tuesday, at noon. I am to call him at 11:30 AM.

February 2:


Again, no meeting. He is very busy collecting money he can use to pay me. Besides, the bank is closed on Sunday, so he can't obtain a certified check. 

Mr. Burns requests that we meet the following day, Monday, instead. I'm to call him at 9:30 AM.

February 1:

The anticipated morning meeting doesn't happen. Mr. Burns suggests we meet in the afternoon, after my painting session. When I call, after that (abortive) session, Mr. Burns requests that we meet the following day, Sunday, instead. 

January 31:

Mr. Burns calls to tell me that he has reviewed our respective lists and valuations. He is surprised to find that while our individual valuations vary, our respective totals average to about the same amount. My total valuation for the missing items was $19,530. 

He suggests that we meet on Saturday morning to review matters and finalize a resolution.

I work till early in the morning on the language of a complete Settlement Agreement and to develop a detailed valuation of the items sold, now including the October sales report. The detailed valuation now includes values for those items sold under their respective minimums and the difference between those values and the actual sales prices. That subtotal is $2175. 

$2175 x 65% = 1413.75. 

The Gross Sales total was $15,966.10. 

The Gross Amount due me I calculated at $10,377.96 ($15,966.10 x 65%). 

The amount paid to date (on 12/5/13) was $2200.

The Simple Balance Due (no minimums included) I calculated at $8177.96 ($10,377.96 - $2200.).

The Net Balance Due (with minimums included) I calculated at $9591.71 ($8177.96 + 1413.75.). 

Note: This valuation does not include the cost of the crate not returned with the 7' glass table top I retrieved in October. Mr. Burns had promised to obtain another crate for me.

January 27:

I receive the promised list of missing items and values from Mr. Burns. I also receive the October sales report. It lists four items; none of them are items that I had previously been told were sold, and hadn't seen listed in the preceding sales reports.

Upon review, I saw that Mr. Burns's list of missing items failed to reference 29 items from my list of missing items.  






I had a copy, so I quickly identified the items that he had not, by highlighting them. I delivered that list to Mr. Burns the same day, a few hours later, for his consideration.

Saturday, January 25th.

As I drove to picket Camelback Consign and Design, Mr. Burns called with an offer to resolve our disagreement. He proposed that we use a third-party arbitrator, for which he would pay, to judge the value of the items that he could not account for. The value of those items would be combined with the monies owed for items sold and he would pay me in full, less the value of any items returned to me. "I have the money," he said.

I accepted. He promised to provide me a copy of his a list of missing items and values. I also asked that he give me the sales report for October. (The sales report I never received and that was supposed to have been delivered on November 12th.) 

I offered to give him another copy of  the list of missing items that I had prepared and sent him several months earlier. He indicated that he already had that list and was using it.

I told him that as a consequence, I would not picket that weekend. But also noted that if he failed to make progress on this agreement during the week, I would return to picket the following weekend.

January 18-19:

I picketed in front of Camelback Consign and Design for three hours on Saturday, and three and a half hours on Sunday. Oddly, the store was closed on Sunday, a day it is normally open.




An aside:


What is the difference between a bad person and an evil one?

Bad people do harm. They do it intentionally, often enough. But bad actors are so very concentrated on their own issues and concerns that they simply can't take real cognizance of the impact of those acts on those who are harmed.

Bad people are, I think, akin to sleep walkers with knives: dangerous narcissists. They could care if they weren't so very distracted by themselves. They have a conscience, but haven't experienced it in any profound manner.

Evil actors also do harm. They generally do that harm intentionally and maliciously. They care about the harm they do and work consciously to perfect their skills. They need and like to practice. I believe that they see themselves as Bright Knights and saviors though the protection they offer is primarily to themselves and secondarily, their selected allies.

Evil actors are not sleep walkers, they are wide-awake. They lack a conscience and consider themselves the better for it. To evil actors, a conscience is an impediment that hampers lesser beings from achieving their full potential. Evil actors are lethal solipsists.

Another aside:

Doesn't it seem odd that Michael Burns was born on September 11th? Surely, that surname and that date, considered in light of the behavior by which he is becoming best known is only a coincidence. Or was it somehow a cosmic - an unearthly - augury?

Michael as in the Archangel Michael - the captain of God's angel armies - armed, I believe, with a flaming sword. 

Yes, Michael is a Hebrew name. It translates as: Who is like El (God)?

Irony or augury?

Those who have been burned must judge for themselves. So must everyone else.

For all of the juicy details the BBB has to offer, use this link.

DON'T KID YOURSELF. 
Mike Burns wasn't born yesterday. He wasn't born on the Fourth of July, either. NOPE. Mike Burns was born on 9/11 in 1952. 
He was destined. 
Don't forget to tip a hat to Ms. Indispensable, Vera Manuz, either. Where would Mike be without her?


I don't know if the truth will set you free. But fuss loud enough with a big 'nough bunch a friends and I swear folks 'll do near anything to get you to shut up. Fast as they can. 

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