Spink Beware

PLANNING TO DO BUSINESS WITH SPINK?
READ HERE

One man’s remarkable experience with Spink

The participants are:

  • William Barrett (“Barrett”), Montreal, Canada, numismatist since 1958;
  • Spink and Son Ltd (“Spink&Son”) (Southampton Row, London), dealer in collector coins, old paper money, and stamps;
  • Olivier Stocker (“Stocker”), merchant banker from France and Singapore; then as now Chairman and CEO of Spink & Son Ltd.
  • Barnaby Faull (“Faull”), Director, head of Spink&Son banknote department since 1978. Resigned and decamped for Noonan’s 1 April 2022).
  • Mira Adusei-Poku, Spink&Son COO.
    Monica Kruber (“Kruber”), Spink&Son employee, accountant(?), London
    Spink China Ltd. (“Spink China”) (Hong Kong incorporated company).
  • Kelvin Cheung (“Cheung”), Head of Spink China Banknote Department, and effectively Head of Operations from 2013 to 31 Oct 2022; then resigned and joined Stack’s Bowers Ponterio, a Hong Kong company, Stack’s Bowers Galleries, or related firm, 1 Jan 2023.
  • Stack’s Bowers is a major competitor of Spink&Son and Spink China Ltd.
    Sue Pui, Spink China accountant.
  • Nirat Lertchitvikul (“Nirat”), employee of Spink/Smythe (New York); Jan 2011 joined Stack’s Bowers Hong Kong).

BRIEF BACKGROUND & CHRONOLOGY

1966 Apr
William Barrett visits Spink & Son Ltd. premises in King Street, commencing commercial and personal relationship in buying and selling of collector’s coins and paper money.

1971
Barrett commences relationship with newly-established Spink&Son banknote department.

1978(?)
Barnaby Faull, junior at Spink&Son Ancient Coins Department, transfers to head Paper Money Department. Barrett’s business and personal relationship ensue with Faull up to 2011.

1980 May
William Barrett purchases virtually entire paper money inventory of Spink&Son, including the Marquess of Bute collection. British Airways staffers at Heathrow (then known as “Thiefrow”) steal major part of purchase in transit from Heathrow to Montreal. Much material recovered by Detective Sgt Jim Goldie of Flying Squad.ca.mid-1980’s Spink&Son commence auctions. William Barrett frequent attendee — both vendor and buyer — at both coin and banknote auctions until 2011.

2010, summer
William Barrett back and forth to Shanghai Expo 2010 re: planned display and subsequent impounding of monumental sculpture THE GUARDIAN (by his wife Katherina Minardo) at Shanghai Expo 2010. Much distraction, and his business affairs languish.

2010 Oct 1
Barrett negotiates loan with Spink&Son.
(Click here to view loan document)
Faull and Stocker approve every detail.
Repayment of capital plus 1% monthly interest due 11 Feb 2011.
(See four page loan document attached.)
Loan secured with pledge of certain Barrett property already in safekeeping with Spink&Son, per Receipt 29629.
Barrett’s original of this receipt not located in Barrett records, and apparently has not yet been located in the Spink records.
A version newly-generated by Spink appears below. (See documents 085-087)
On the signing of the contract, the status of these stored materials is simply converted from storage to pledge.
Loan amount of GBP 100,000 ultimately extended to GBP 159,314.93, including interest.
Ultimately virtually all of these funds and more were spent at Spink’s own auctions.

Late 2010/early 2011
New York Spink/Smythe employee Nirat Lertchitvikul [“Nirat”] assigned by Stocker to propose Barrett 10M+ collection of South East Asian coins and banknotes privately to a wealthy Singapore buyer.
This collection did not include any pledged material.

Nirat invites Barrett to fly from Montreal to meet in Hong Kong.

2011 Jan 19
Barrett flies to Hong Kong to finalize South East Asia private sale arrangements.

In morning, Nirat informs Barrett he is taking off for a month to be with his family. Potential sale collapses as a result.
Nirat has joined Stack’s Bowers.
No time for Barrett to reorganize sale proposal prior 11 February deadline.

2011 Feb 11
Repayment deadline passes.

2011 Feb 15
Stocker to Barrett:
(See document 000E)
“I shall be swinging back in the office briefly on Thursday if at all. Mid-afternoon is the best chance as I land in the morning.
“Let me know. Rgds,
“Olivier D. Stocker
“Chairman and CEO
“SPINK”

2011 Feb 16
Stocker to Barrett: “As stated before, we need the payment to come in this week, as o/wise Barnaby will have no choice but to start describing the Ceylon Collection. …”

2011 Feb 22
Faull to Barrett:
(See document 001)
“…In meantime cataloguing some New Zealand, some Ceylon, the South Africa and Iceland for April as need to start, I have been instructed, if you have any problem with this please speak to Olivier, thanks and hope London worthwhile, regards Barnaby.”

2011 Feb 23
Stocker email ensues with proposal and wish list of terms.
(See document 002)
Barrett prefers private sale, or a public fixed-prices sale per: contract terms.
Stocker opts for auction.

Auction sale date ultimately set by Spink for afternoon of 14 April.

When informed, Barrett negotiates with Faull that material to be offered is the (pledged) Irish paper money collection.

Subsequently Barrett learns material to be auctioned switched from Irish to Ceylon (a much thinner market), and that Faull has been working on a catalogue for some time. It becomes clear that Faull is pouring in more and more unique Barrett material, which he knew would cause market values to drop precipitously, in effect setting up a slaughter, as far too much material is being dumped on this specialized market to be absorbed at one time.

Barrett attempts to refine and enhance Ceylon descriptions, as under law is obliged to mitigate potential losses.

2011 April 11
Barrett arrives London.

2011 April 13
Barrett speaks with Faull during first day of Spink auctions.

2011 April 14, 12:54 AM
[IMPORTANT EMAIL]:
(See document 003)
Barrett to Faull and Stocker, informing them that Ian Goldbart (“Goldbart”) will be repaying the loan in full by 9:00 AM.
Barrett requests payment coordinates from Stocker; informs Faull that payment about to be made in full.
“PS I will be collecting all my various property held at Spink tomorrow. Could you ensure that it has been individually photocopied or alternatively listed in such form so that each item received can be individually identified & signed [for]?”

2011 April 14, 4:01 AM
[IMPORTANT EMAIL:] Email from Faull to Barrett:
(See document 004)
[sic:] “Olivier will be emailing. There is no possibility of collectimg material today. We are in the middle of a 3000 lot auction. You can collect at a later or have collected with relevant release forms. We are not photocopying x thousand lots. I am going away after sale for a much needed holiday. With regards to not knowing what was planned why do have multiple emails re ceylon auction from you. You did not inform prior re iceland but post sale. Barnaby.”

Faull states Spink has no further claim, and that all Barrett material is now to be repatriated to Barrett. However, as Barrett learned subsequently, Stocker/Spink&Son board had no intention to return it.
Faull states that no time for Barrett to collect his property immediately.
Faull to depart on vacation soon after the auction.

2011 Apr 14, 4:26 AM
Stocker emails Barrett stating his intention to proceed with auction.
(See document 005)
Stocker makes spurious demands not based on contract.
Barrett ignores.
Stocker comments on Barrett’s email.
Stocker proposes: on payment of stated expenses, he will voluntarily cancel the sale of the Ceylon.
If Barrett does not agree, auction will proceed at 2:00 PM.

2011 April 14, 4:35 AM
Stocker emails Ian Goldbart, CEO of Spink competitor Baldwin’s, stating the amount to be remitted “has to be £205,000”.
(See document 006)
“Unless we have full payment we are going to proceed with the sale as per contract.”

2011 Apr 14, 7:19 AM
Barrett to Faull, requesting all current paperwork, to better understand in toto Stocker’s claim.
(See document 007)
If Iceland sale (i.e. Barrett’s Iceland lot sold previous day) is not reversed, then proceeds ca.GBP 14,000 to be credited to Barrett’s account.

2011 Apr 14, 7:23 AM
Barrett to Goldbart, re-confirming original amount [“the figure quoted to you” = “circa £165,000” (per Goldbart’s fax to Stocker & Fall of 13 April 2011)]; accidentally sends email to Faull’s address.
(See document 008)

2011 Apr 14, 7:39 AM
Faull to Barrett: What paperwork required?
(See document 009)
“Comment re: Iceland sounds fair”.

2011 Apr 14, 8:40 AM
Jill Mason for Spink&Son sends Spink&Son bank details.
(See document 010)

2011 Apr 14, 8:43 AM
Barrett to Goldbart: Barrett will not pay Spink&Son’s “expenses”.
(See document 011)

2011 Apr 14, 8:46 AM
Barrett to Faull and Stocker:
(See document 012)
“require all accounts and explanations that lead up to the amounts quoted by Olivier”.

2011 Apr 14, 8:48 AM
Barrett to Goldbart:
(See document 013)
will send amount once details received from Spink&Son.

2011 Apr 14, 9:01 AM
Faull to Barrett: can’t say sale ‘unexpected’.
(See document 014)

2011 Apr 14, 9:21 AM
Barrett to Faull and Stocker:
(See documents 015 + 016)
Barrett details accounts as he understands them.
On the Ceylon sale: “I had no choice but to co-operate to minimize my potential losses. This is the ‘duty of care’ owed by me you, and even more so you to me.”
“If you insist on whatever costs and claims re: the Ceylon escapade and on my refusal to pay them proceed with the sale you will create a situation infinately worse than any embarrassment over canceling it. Surely it will be an explosive issue and Spink can only emerge with egg on its face, to be kind.”

2011 Apr 14, 9:36 AM
Faull to Barrett: Kruber to send breakdown.
(See document 017)
Faull states “Ireland was only a possibility, not a certainty.”

2011 Apr 14, 9:39 AM
Barrett to Faull:
(See document 018)
“I trust you will announce the afternoon cancellation…”
“I do need all your figures so we can agree.”

2011 Apr 14, 9:43 AM
Kruber to Barrett:
(See documents 019 + 020)
Attaches Spink&Son statement of current Barrett account. She states:
“You will see this is in the sum of £159,314.93. Added to this will be the following (as outlined in Olivier Stocker’s e-mail to you dated 14 April 2011, timed at 04.26):
1. Withdrawal fee of 20% of the mid estimate of £164,000 which amounts to £32,800;
2. £10,000 in respect of catalogue production/marketing.”

2011 Apr 14, 9:45 AM
Faull to Barrett:
(See document 021)
“Figures sent, am waiting instruction”

2011 Apr 14, 9:47 AM
Faull to Barrett:
(See document 022)
“Please address all future enquiries to monica kruber not me. Thank you.”

2011 Apr 14, 9:55 AM
Barrett to Faull:
(See document 023)
“…what we face now is getting you settled & avoiding further damage.”

2011 Apr 14, 9:57 AM
Barrett to Faull:
(See document 024)
“Just recd” (received account details) and will “reply to her” (i.e. to Kruber).

2011 Apr 14, 10:50 AM
Barrett to Kruber:
(See document 025)
Requesting invoices for amounts on statement. Goldbart will remit the figure Barrett agrees to. Barrett has no intention of accepting any charges per Stocker.

2011 Apr 14, 10:59 AM
Barrett to Kruber:
(See document 026)
Have VAT amounts been credited to Barrett account?

2011 Apr 14, 11:21 AM
Barrett to Goldbart, attaching Spink statement.
(See documents 027 + 028)

2011 Apr 14, 11:28 AM
Kruber to Barrett:
(See documents 029-036)
Attaching invoices relating to statement.
Kruber attaches Spink&Son statement of account and material pledged, per Receipt 29629.
Neither Kruber nor Barrett can identify one charge for GBP 14,486.55, but Barrett agrees to pay in good faith and wait for Spink&Son to identify and if necessary refund later.
Note: amount later confirmed as valid.
In her cover, Kruber essentially repeats Stocker’s demands.
Barrett ignores.

2011 Apr 14, 11:51 AM
Barrett to Kruber:
(See document 037)
Requesting figures on VAT apparently owing to Barrett.

2011 Apr 14, 12:19 PM
Kruber to Barrett:
(See document 038)
Attempting to locate missing invoice and figures relating to VAT.

2011 Apr 14, 12:27 PM
Barrett to Goldbart, cc: Faull, Stocker, Kruber:
(See document 039)
Instructing Golbart to remit amount of GBP 144,841.93.

2011 Apr 14, 1:34 PM
Kruber to Barrett:
(See document 040)
Receipt of GBP 144,841.93 confirmed by Kruber for Spink&Son. However advises that amount GBP 205,000 per Stocker. Quoted: “Olivier has instructed me to advise that if we do not receive the balance of £60,195.07 immediately we will commence the auction as planned.”

2011 Apr 14, 1:38 PM
Barrett to Stocker and Faull:
(See documents 041 + 042)
“The funds should now be in your account.
“In good faith I have paid everything listed in your accounting for the loan including refundable VAT on items long exported but still not credited and an amount of GBP 14,486.55 not yet documented or explained.
“Regarding the Ceylon proposed sale: I have no confirmation yet on its cancellation and Barnaby appeared keen to proceed notwithstanding circumstances.”
“Spink has no basis in law or otherwise to liquidate any of my property.”
“We will meet in the courts of law and of public opinion.”
“Your counsel is your partner.”
“…requested to collect my extensive property in safekeeping with Spink, but was denied.”
Barrett informs Faull that contract is fulfilled in full, and that as Faull is still intending to proceed with the liquidation of the Ceylon, that there may be consequences if he indeed insisted on proceeding with the sale despite the debt being fully paid.
Barrett makes no threat nor attempt to cancel sale, however.

2011 Apr 14, 1:43 PM
Barrett to Kruber:
(See document 043)
“…still awaiting the missing information” (though paid in good faith).

Spink decides to cancel sale of Barrett Ceylon material. [Not recorded in emails.]

2011 Apr 14, 2:03 PM
Barrett to Kruber
(See documents 044 + 045)
Forwarding his 1:38pm communication to Faull and Stocker.

2011 Apr 14
Barrett decides to depart London for Montreal empty-handed.

2011 June 6, 6:09 PM
Stocker to Barrett:
(See document 046)
Makes reference to two phone messages. However, no messages recorded.

2011 June 7
First demand letter from Cripps Harries Hall for Spink&Son.
(See documents 047-049)
(See Cripps’s demand letter 7 June 2011, 2pp, attached.)
Barrett chooses not to respond as Spink&Son has without colour of right seized Barrett material (i.e. no longer pledged or never pledged at all) and accordingly on refusal to repatriate has been converted by Spink.
To quote:
“Upon payment of this sum Spink will, at your request, immediately release all the bank notes that it currently holds on your behalf.”
On Barrett’s ‘behalf’ – what right does Spink have to hold anything the return of which has been demanded, statedly on Barrett’s behalf? Furthermore, what is the legal basis for holding the material?
Cripps in this curious wording demonstrate they are partner in this ongoing unlawful activity.


2011 July 20
Second demand letter from Cripps Harries Hall for Spink&Son.
(See documents 050-053)

2011 Nov 17
Third demand letter from Cripps Harries Hall for Spink&Son.
(See documents 054 + 055)
Quoted:
“The amount now owing to our client is as follows:
“Costs incurred £46,118.48
“Interest £4,980.80 (2% per month compounded as from
7 June 2011)
“Total £51,099.28
“In addition storage charges of £2 per day per item are being incurred.
“Unless we hear from you by 30 November 2011, in order to recover the sums which are increasing daily due to interest charges, our client will have no other option but to start selling the material which they hold on your behalf.
“Yours faithfully
[signed] Cripps Harries Hall”

Note: “on your behalf” — Cripps again states Spink&Son hold Barrett material on his behalf, i.e. an admission that there is no legal basis for possession or control or withholding of his material.

Barrett ignores these letters.

Cripps acknowledges contract fulfilled, but demand “expenses”, the potential claim of which none are referenced in any manner in the contract.

2011 Dec 8, 11:45 AM (+0800)
Barrett to Faull: Quoted in full:
(See document 056)
“Barnaby,
“May I remind you:
“my property was originally in safekeeping storage with Spink
“at the signing of the loan agreement my property was pledged to Spink
“at the moment of the payment of the loan the pledge was cancelled
“when I demanded my propery and Spink denied me a criminal act occurred
“you and Spink presently hold stolen property
“your counsel are fully aware of your and Spink’s actions and are complicit in your acts
“Bill”

2011 Dec 8, 6:48 AM (+0000)
Faull to Barrett:
(See document 057)
“Bill please communicate with the chairmans office and not myself. Thank you. Barnaby.”

2011 Dec 9 to 2018 Sept
No communication in this period between Spink&Son and William Barrett (with the exception of a few emails to Spink&Son web support from Barrett assistant Glenn Grant).

PHASE 2: SPINK CHINA OPERATIONS MANAGER KELVIN CHEUNG DISCOVERS BARRETT PROPERTY AT SPINK&SON, ENQUIRES ABOUT MATERIAL BEING HELD

2018 Sept 11
Cheung to Barrett
(See document 058)
Spink China employee British MD Kelvin Cheung — hired in 2013 — contacts Barrett to open relationship.

2018 Oct 13
Barrett to Cheung
(See documents 059 + 060)
Barrett ignores Cheung for a month, but on urging of his wife to at least respond to this pleasant email, against his own instincts commences relationship with Spink China Ltd. (“SpinkChina”), a Hong Kong incorporated company — without visible incident from Stocker.

Cheung informs Barrett he has told Olivier Stocker that he wishes to engage with Barrett, and that Stocker must agree to never press any claim “relating to the Ceylon” or disturb the relationship with Barrett.
Stocker (reportedly) has agreed, though argued that as “Barrett is going to sue us”, therefore Cheung should not engage in such relationship.
Relationship smooth and satisfactory from opening day. A fine commercial and personal relationship with SpinkChina and Cheung ensues. The personal relationship with Cheung lasting until this day.
Much business transacted and payments made by SpinkChina without incident or interference from Stocker — who Barrett believes is the major or principal shareholder of SpinkChina.

2019 July 30
Cheung informs Barrett that in a search of Spink&Son’s vault in Southampton Row he has come across an important India banknote that Spink&Son has kept since a buyer failed to settle in 2008.
Barrett, totally unaware, requests Cheung to arrange return of banknote.
However, Cheung is reluctant to return it, as it is a desirable and valuable item, and he is keen to sell it. But Cheung feels the market for India is through London and thus Spink&Son, with whom Barrett wishes no relationship.
Cheung apparently consigns this note to Spink&Son, and in his own name, rather than placing it in his own Spink China auction.

2019 Oct 2
India banknote statedly hammers for GBP 16,000. (Lot 1065, Spink&Son sale 19024 – World Banknotes)
Barrett receives no notification or paperwork from Cheung at SpinkChina (nor from Spink&Son for that matter.)
Subsequent to learning that the note had been sold, Barrett instructs Cheung to remit GBP2400 from proceeds. (Note: this would have been by telephone; Barrett has no document relating to either the consignment nor the proceeds.)
Cheung obliges.

Barrett informed by Spink&Son that balance of proceeds to be impounded by them.
Apart from the GBP 2400 instructed by Cheung, no more funds were remitted to Barrett.
Spink&Son has seized the ca. GBP14,500 balance of funds.


PHASE 3: STOCKER/SPINK&SON SEIZE FUNDS (ca.GBP126,300)
FROM BARRETT ACCOUNT AT SPINK CHINA

2023 Jan 1
Kelvin Cheung commences employment with Stack’s Bowers Ponterio/Stack’s Bowers Galleries/Stack’s.

Barrett to terminate relationship with Spink&Son and moves with Dr. Cheung to Stack’s Bowers.

2023 Jan 27
Sue Pui emails Barrett:
(See document 061)
“Regarding your account balance…”
“waiting for your payment instruction for payment processing.”

Note that on 30 Nov 2022, Sue Pui had emailed Barrett the last SpinkChina balance during Kelvin Cheung’s tenure:
see attached email dated 2022 Nov 30.
(See document 062)
Note: several Barrett lots consigned to SpinkChina during 2022 were still unpaid by bidders and remain on hand at SpinkChina, as well as funds in Barrett’s account.
Barrett chooses to wait, hoping the last two bidders will clear their accounts.

2023 Feb 4
Email from Barrett to Sue Pui
(See document 063)
Barrett sends instruction to make payment of Euro 20,000.

2023 Feb 7
Sue Pui emails Barrett:
(See document 064)
“I have set up the transfer and this will be processed later today.”

2023 Feb 8
Sue Pui emails Barrett: Transfer confirmed.
(See document 065)

2023 Mar 14
Sue Pui emails Barrett: providing current Barrett balance:
(See document 066)
“The total is HK$ 1,204,022.05” (= GBP 126,300.)

2023 Mar 21
Barrett requests statement with final balance from Sue Pui.
(See document 067)
“Could I ask you for a print-out of my account with Spink China since it commenced?”

2023 Mar 22
Sue Pui forwards Statement of Barrett account at SpinkChina:
(See documents 068-072)
“Please find statement as attached.”
Opening balance as of March 2019: “HK$0.00”
Balance as of 8 February 2023: “HK$-1,204,022.05″.”
NB: As of March 2019 SpinkChina admits Barrett owes nothing.
Remaining unpaid Barrett consignment lots ultimately cancelled.
See attached document.

2023 May 4
Barrett requests Sue Pui make payment in two amounts totalling SpinkChina balance.
(See documents 073 + 074)
Quoted in full:
“Dear Sue,
“1) Please instruct your bank to convert the amount of Euro 75,000 from HKD and forward proceeds by t.t. to the account of Stefania Minardo, per details below:
“Recipient name: STEFANIA MINARDO / BANCA MEDIOLANUM / PALAZZO MEUCCI, MILANO 3 [plus details]
“2) Next, please instruct your bank to convert the remaining balance of funds in my account to Canadian dollars and forward proceeds to my TD Canada Trust Canadian Dollar account:
“WILLIAM BARRETT CANADA TRUST CAD A/C BANK COORDINATES:
“Bank address: / TD Canada Trust [plus details]
“Thank you in advance,
“William Barrett
“PS: Should you require voice confirmation from me, I will be available during the next six hours to telephone you.”

Immediate response not forthcoming from Sue Pui.

2023 May 17
Email from Sue Pui, (See document). Quoted in full here:
(See document 075)
“Dear Mr Barrett,
“I am in receipt of your transfer instruction and we are ready to process.
“However before doing so, and as your net balance with us would become negative after these requested payments, we need to come to an agreement regarding the debt you have with our London office, namely :
“. GBP31,835.76 (not including interest) from the cancellation fee of the Ceylon auction in April 2011 as per our Terms and Conditions
“. the storage fees for your collections of Ceylon and Ireland banknotes stored at Spink London since the same period, and insured with HWW Int’l since then for a total value of £500,000. Our standard insurance fee is 1% but for a quick resolution of this long standing matter we would be ready to reduce it.
“In the meantime, let us know how you would like to split the balance payable, and we would be happy to proceed.
“Best regards,
“Sue”

NB: A remarkable document.

2023 May 29, 11:03 PM
Barrett responds to Sue Pui:
(See document 076)
“Dear Sue,
“Thank you for your email of 17 May, quoted below. I am somewhat puzzled by the content.
“Attached please find latest Spink China accounting received from you on 22 March.
“The remittance figures should have totalled the current balance. If there is an error or change to this figure, please be kind enough to provide me the particulars.”

NB: Olivier Stocker and Spink&Son Ltd. have seized the full amount of Barrett’s SpinkChina account of ca.HK$1,204,022.05.

2023 June 6
Reply from Sue Pui, quoted in full here:
(See document 077)
“Thank you for your email.
“I am surprised you say you are puzzled by our previous email as I thought there was no ambiguity in my email, and you are well aware of the situation.
“You know that some amounts were due to our London office for some time, in part linked to your cancellation of a Ceylon banknotes auction.
“Spink like all auction houses have a right to set off (see below).
“I can assure you that my London colleagues want to find a swift and fair resolution to this long outstanding debt and fees.
“I am happy to assist, but both sides have to be prepared to engage in a constructive dialogue or Spink will simply insist on the immediate payment of all debts plus interests.
“Best regards,
“Sue”

NB: Spink&Son carefully refer to ‘our London office’ rather than ‘Spink&Son’. Also they carefully use the words ‘your cancellation’, when in fact they cancelled it entirely of their own volition.
NB: ‘Spink like all auction houses’: a remarkable statement.

NB: The attached article “13.1.3” has never been seen previously by Barrett, let alone whether it forms part of any document ever signed by Barrett.
On forwarding it to Cheung and questioning him about it, Cheung (the former head of Spink China) had never seen it before and had never heard of it being implemented anywhere at any time.
Barrett expects it will be seen to be a false document, fraudulently presented in an attempt to induce Barrett to agree to pay the concocted charges.

All this to the effect that Barrett will receive no money (and no property) until various fabricated amounts paid.

2023 June 1
Barrett to _____
(See document 080)
Barrett has not yet located his copy of Receipt 29629.
Requests Spink&Son Accounts Department forward a scan of their original. Quoted in full:
“ATTN: Accounts Department,
“Could I ask you to provide by email attachment a scan of Receipt # 29629?
“Thank you for your cooperation,
“William Barrett
“Montreal”
NB: Barrett requests a scan of the original. Instead he will ultimately receive on 22 June 2023 what appears to be a newly-generated document. This collection did not include any pledged material.

2023 June 12
Barrett follows up with repeat of request for a scan of Receipt 29629, addressed to Accounts Department and Olivier Stocker.
(See document 081)
Quoted in full:
“Pursuant to my request of 1 June 2023, quoted below, I have not yet received a copy of the receipt in question (# 29629).
“I would appreciate greatly if you would arrange for its early forwarding to me.
“Thank you in advance,
“William Barrett
“Montreal”

2023 June 14
Stocker replies (quoted in full):
(See document 082)
“Dr Mr Barrett,
“I am now in receipt of your email.
“I have asked Mira, our COO, to look into this receipt and the whole succession of events. She will revert in the next few days.
“In the future please use my direct email or Mira’s rather than the generic [email protected].
“Best regards,
“Olivier Stocker”

2023 June 15
Barrett to Stocker:
(See document 083)
“Dear Mr Stocker
“In addition could you arrange for my account from 2010 January 1 to the present be emailed to me?
“Thank you in advance
“William Barrett”

Comment: Barrett account from 1 Jan 2010 not received. This is the trading account as it was generated day by day, rather than the loan account generated by Kruber on 2011 Apr 14, 9:43 AM.


2023 June 22
Mira Adusei-Poku, Spink&Son COO, email to Barrett
(See documents 084-092)
With attached version of Receipt 29629, plus other documents.
Quoted in full:
“Dear Mr Barrett,
“Further to the recent communication, please find attached:
“- receipt 29629 with the relevant terms and conditions
“- overview of the vendor ledger account since 2010
“- a copy of the letter sent to you on 7 June 2011 by our solicitors outlining the costs connected to the cancellation of the sale
“- spreadsheet combining amounts due and relevant interest charges since the cancellation of the sale. Calculations of these charges will be provided upon request.
“Altogether the amount due to us is £308,516.30 accumulated over the last 12 years.
“The spreadsheet also contains a storage fee for uncollected unsold lots that is not currently included in the calculation of the amount due. We reserve the right to include it should we not come to an agreement on the amount payable in the next couple of weeks.
“This amount exceeds the balance due to you from the transactions dealt with by our Hong Kong office.
“We are keen to conclude this long time ongoing issue and would like to make a without prejudice offer. We would like to agree a fair settlement amount, return the collections to you and close this chapter once and for all.
“I do not have the authority to make that decision, hence copying Olivier Stocker in.
“Kind regards,
“Mira”


2023 June 26
Stocker email to Barrett, CC: Mira Adusei-Poku (Spink&Son COO):
(See document 093)
Quoted in full:
“WITHOUT PREJUDICE
“Many thanks Mira for your email and the attached summary.
“Dear Mr Barrett,
“May I suggest you and I try to resolve this dispute as amicably and as quickly as possible, so we can close the chapter and both move on to greener pastures, so to speak.
“If you agree, please confirm all our discussions regarding settlement would be on a without prejudice basis.
“I think it is the only way to come to a logical all-encompassing settlement. As I guess we both think we have a strong case and don’t mind going legal over it. We certainly do.
“I am available for a phone call at your convenience. If you agree, please just give me a few suggested times this week or next.
“Looking forward to speaking to you,
“Yours truly,
“Olivier

ca. July 2023
Material on hand unlawfully retained by Spink&Son includes the Hong Kong invoice as settled on 14 March 2011, “SP00065983.pdf”, in the amount of HKD 562,508.30.
(See document 030)

3 July 2023
Michael Lewis, IT Manager of Spink, to a long list of recipients;
(See documents 094 + 095)
Subject: “Recall: Phishing Attempt.”
“Michael Lewis would like to recall the message, “Phishing Attempt”.”

3 July 2023-07
Barrett to Stocker:
(See document 096)
“Dear sir,
“Below correspondence received in your name. Before we open it, could you confirm that this is a valid document?
“Thank you,
“William Barrett
“Montreal”
“On 2023-07-03 11:39 a.m., Olivier Stocker wrote:
“> Please find the attached proposal document from Spink & Son
“> All questions regarding these reports should be directed to Olivier D. Stocker
“> at [email protected]
“> Thank you,
“> Olivier D. Stocker”

7 July 2023
Stocker to Barrett:
(See document 097)
“Plse ignore this is a phishing attempt.
“All remedied now. Many thanks”

14 July 2023
Barrett to Sue Pui (cc: Elaine Fung):
(See document 098)
“Hi Sue,
“A couple of things:
“1) The sold lots that were never settled, and thus eventually cancelled, I presume are still on hand with you. With a CC: of this document I am authorizing Kelvin Cheung to stop by and collect all of these and any other of my material still on hand with Spink China. I am sure this transfer will take place smoothly and take up very little of your time.
“2) Second, I need to get scans of all the expenses that were billed to my Spink China account since March 2019. This would include in particular all the bills from third-party grading services.
“3) I do not appear to have final settlement statements for the various sales to which I consigned material. I would be grateful if you would forward copies of the final versions.
“Thank you in advance, and best wishes,
“William”

19 July 2023
Stocker to Barrett:
(See document 099)
“Dear Mr Barrett,
“Thnak you for your email,
“I think you have made quite a few request to the team so far. And we have complied with all your requests.
“For the reasons mentioned I think all correspondence should now go through me and Mira, and we should have the discussion I was inviting in the attached email dated 26 june, as the debt matter has now been elevated at Group level, and the specialists are out of the picture, until this is solved.
“I have no doubt we can reach a fair and amicable solution.
“To answer your questions below:
“We need to have a conversation and settle the amounts due before we can release cash or collectables. As soon as we have agreed this would be released to you immediately.
“2 and 3 – after each sales kelvin should have sent you the post sale advices with all the details requested. If you are missing some, plse let me know and we shall get back to you.
“Best regards,
“Oliver D. Stocker”

20 Sept 2023
Barrett to Elaine Fung
(See document 100)
“Hi Elaine,
“Trust you are keeping well.
“I have now had access to an item from the archive albums you have been disposing of. It is quite unlike any other Perkins proof I have ever seen, and I suspect that all the ones you appear similar. In particular the paper does not at all appear to be from the period — I suspect it is of much later manufacture. I will be having the paper tested for manufacturer, etc. in London shortly.
“Some of the pieces you have sold have fetched strong prices, such as the Madras Government Bank piece, which I believe is also from the same source of manufacture.
“I inform you of this as, if it these cannot be shown to be original, it will create quite a difficult situation.
“Thank you for your time, and best wishes,
“William”

20 Sept 2023
Barrett to Elaine Fung, forwarding Barrett’s email of 14 July 2023;
(See document 101)
Subject: “Re: Matters to hand”
“Hi Elaine,
“Re: the below, I have not received a response from you on what material of mine may be on hand with you in Hong Kong?
“Also, are you aware of any material relating to me at Spink & Son in London?
“On these there is no need to contact Kelvin. If you could provide a report directly to me.
“Thank you,
“William”

12 Oct 2023
Barrett to Elaine Fung
(See document 101A)
“Hi Elaine,
“I was yesterday with the police at Central. They have instructed me to make one last attempt to have you remit the funds unlawfully taken from my account.
“In this regard they stated I should be with you at the Spink China offices to discuss this matter, and attempt to obtain your commitment to return the funds.
“In this regard I would propose to meet with you tomorrow at a time of your choosing. Please do let me know when you would like me to arrive at your door.
“Thank you in advance, and looking forward to meeting with you,
“William”

12 Oct 2023
Elaine Fung to Barrett
(See document 102)
“Hello Me Barrett,
“I understand this matter is now being handled by our CEO Olivier, he is actually in Hong Kong today and tomorrow. He would be happy to meet you at our office, schedule and timing permitting.
“Kind regards,
“Elaine”

12 Oct 2023
Stocker to Barrett
(See document 103)
“Dear Mr Barrett
“I understand from Elaine that you wish to meet us. I am very pleased as our two emails below from June offering to find a fair settlement acceptable to both parties were left unanswered by you.
“I am flying to Europe tmrw evening, and have an incredibly tight schedule but would be more than happy to move meetings around to have the opportunity to meet you face to face after so many years.
“Would 11:30am work for you ?
“Please let me know by the end of today so I can move my meetings.
“Looking forward to meeting you.
“Best regards,
“Olivier D. Stocker”

12 Oct 2023
Barrett to Stocker:
(See document 104)
“Dear Mr. Stocker,
“I am pleased to confirm for 11:30. Half an hour should take care of things.
“Looking forward to seeing you then.
“Yours sincerely,
“William Barret”

12 Oct 2023
Stocker to Barrett:
(See document 105)
“Ok perfect.
“You can come straight to my office on the 5/F.
“Regds”

13 Oct 2023
As Barrett was also in Hong Kong, he felt it would be a good time to clear up some facts, to make it easier for Olivier Stocker and those on his team to understand their wrongful acts. Thus on 13 October he met with Stocker at the Spink offices to have a conversation.
The details of the conversation were recorded, to ensure the accuracy of any future recollection of that conversation, and are reproduced here in a transcript. (A formal transcript by a court steno will follow, hopefully to fill in some of the overlaps in the to-and-fro.)
See Transcript of Meeting.


28 Nov 2023
Mira Adusei-Poku (Spink&Son COO) to Barrett
(See document 106)
“Dear Mr Barrett,
“Further to our emails sent to you in June and July this year and your meeting with Olivier in Hong Kong, we do not seem to have moved forward on this matter.
“We were looking to come to an agreement with you. It appears that you do not wish to conclude this matter swiftly and amicably.
“We no longer wish to store any of your property with us at any of our offices (London and Hong Kong), hence this is to notify you that as of 15 December 2023 we are excluding it from our company insurance cover and it will remain with us entirely at your own risk and without any liability to Spink. As per our previous communication, storage charges are incurring with each day your property is stored with us.
“Please note, we have a right to remove your properties to a third party warehouse at your expense.
“We urge you to arrange a date when you will come and collect your properties from our offices, ideally before 15 December 2023. We reserve our right to offset charges that have been incurred by you against monies owed to you and any further charges connected to storing your properties and to your outstanding payments due to us.
“We look forward to your response, so we can handle the next steps constructively.
“Kind regards,
“Mira”