From: "Cain-Moore, Alice"
Date: Fri, 7 Nov 2008 17:24:22 -0500
To: Sandy Jeakins
CC: Laura Maki
Subject: Park West Refund

Dear Ms. Jeakins,

Thank you for speaking with me yesterday regarding your art purchase. I have confirmed that Park West will be processing a refund in the amount of $2485.00, they will be forwarding to you directly a refund agreement for your signature. Upon return to them the refund will be processed and finalized.

As confirmed we NCL will be extending as a gesture of goodwill a future cruise credit in the amount of $566.00 the difference which can be used on a future sailing with us.

We appreciate being able to come to an amicable resolution on this matter and look forward to welcoming you aboard many future voyages.

Sincerely,

Alice Cain-Moore | Manager, Customer Relations
acainmoore@ncl.com
305.436.4685 | fax 305.436.4108

From: Sandy Jeakins
Sent: Friday, November 07, 2008 5:55 PM
To: Cain-Moore, Alice
Subject: Re: Park West Refund

Hi Alice,
It's difficult to type on this Blackberry - are you saying I have to sign something with PW in order to receive their 40-40-40 refund? I have their refund on my PC in writing and it does not mention a requirement to sign or agree to anything else. I will not sign anything with them that is anything more than an acknowledgment of the refund. Just letting you know.

Thanks again for your help with this.
Sandy

Attached is a scanned copy of the contract that Park West wants me to sign in order to get my refund.

If you scan down in this email, you will see the 40-40-40 refund/exchange policy that Park West is, even as we speak, telling customers on board your ships. Please read it carefully. Nowhere in the text of this refund does it mention signing away a 1st amendment right as a contingency for exercising this agreement. And I'm guessing that today, on any given of your cruise ships, your customers are being told 1/2 of the story.

Park West, in this contract, asks for a non-disclosure agreement. I am returning a purchase for a refund. This is not a settlement on a multi-million dollar liability lawsuit. A non-disclosure agreement is inappropriate in this document. Again, this is typical of the PW business model. They just tag shit on and hope it flies under the radar, pardon my language.

The nature of this document changes the transaction from a refund to hush money, so it does beg the question: why is Park West so intent on stopping me from talking? All I have been telling people is a factual account of what happened, including the fact that I signed a piece of paper, part of which said that all sales are final. Why would they care so long as I'm telling the truth?

It's because what they do is one grand illusion, in the classical magic sense. For instance, Park West competes in the auction for the house. The auctioneer points to him/herself and raises the bid. The house can have a reserve bid, but PW doesn't do it this way, they simply outbid customers. Why? It's to lull the audience. There is no such thing in real auctions.

Park West is taking a buyer's premium on what they sell. That's the specific fee that they are unwilling to budge on with my transaction, and you have graciously agreed to pick up that tab. All of the pieces they are selling are owned by Park West. None of them is being sold on consignment which is what a real auction house does. Sotheby's is not selling art that they own. They are selling it for other people on consignment and they get paid by charging a 'buyer's premium'. Park West has no business doing this. It is a total pretense.

When you buy something at an auction, the item you bid on is the one you get. That's kinda the point of an auction. They don't send you a different one they have in stock somewhere in a warehouse - eight weeks later.

My point here is that PW is clouding the truth and sheep are following the pack right off the edge of the cliff. I can't really speak for everyone out there, but I can guarantee you that that's what I did. That's the basis for my anger. I can't prove it, but I think they are using shills to help with this as well.

So tell me how, exactly, this business model fits in with the Norwegian philosophy. It simply doesn't. But you are unwittingly helping with this pack mentality and you should be aware. I, personally, didn't have my normal buyer beware guard up, to a great extent because I was in the trusted hands of Norwegian.

When I publicize my thoughts about all of this, I'm hoping to raise awareness. If people want to buy artwork from Park West, then by all means. But they should not do so in a sedated mental state.

I've created a pamphlet that I've attached. I did it somewhat tongue-in-cheek, but it seems to be gaining momentum. My more salient points are in it.

Btw, I'm not signing this non-disclosure, so I guess we're back to square one.

I was afraid if I pursued my feelings, I would have succeeded.

From: Sandy Jeakins
Sent: Wednesday, February 18, 2009 5:44 PM
To: Cain-Moore, Alice
Subject: RE: Park West Refund

Hi Alice,

My friend is bringing her mother over on Saturday to join us for dinner and wants to know which cruise line to pick for her Alaska cruise. We’re going to watch the White Pass train video that I got on my cruise and she’s bringing all the information she found on the net.

Gosh, what should I tell her?

Sandy

From: Cain-Moore, Alice [mailto:ACainMoore@ncl.com]
Sent: Thursday, February 19, 2009 3:08 PM
To: Sandy Jeakins
Subject: RE: Park West Refund

Dear Ms. Jeakins,

I do hope that despite the issue with the art purchase that you will share your positive cruise experiences.

Sincerely,

Alice Cain-Moore | Manager, Customer Relations

From: Sandy Jeakins
Sent: Thursday, February 19, 2009 6:02 PM
To: Cain-Moore, Alice
Subject: RE: Park West Refund

Hi Alice,

Thanks for the smile.

Listen, I want to change my mind - is that possible? Like. UNCLE.

I would rather be cruising with NCL like the good old days than fighting through the court system.

Is the deal still available? If it is, I will sign their stoooopid form.

Thanks, and let me know,

Sandy

From: Cain-Moore, Alice [mailto:ACainMoore@ncl.com]
Sent: Tuesday, February 24, 2009 5:44 PM
To: Sandy Jeakins
Subject: FW: Park West Refund

Dear Ms. Jeakins,

I wanted to share the enclosed response from that was received from Park West Gallery, please let me know your decision.

Sincerely,

Alice Cain-Moore | Manager, Customer Relations

From: Laura Maki [mailto:LMaki@parkwestgallery.com]
Sent: Tuesday, February 24, 2009 3:51 PM
To: Cain-Moore, Alice
Subject: RE: Park West Refund

Hi Alice,

My Executive offices advised that the offer we gave Ms. Jeakins on 11/10/08 would not be available anymore. However, as matter of client satisfaction, Park West would be willing to exchange Ms. Jenkins artwork under our 40YMD policy for any other artwork in the Park West collection

We apologize for any inconvenience that this may cause and if you have any questions, please feel free to contact me.

Thank you and have a wonderful day!

Kind regards,

Laura MakiPark West Gallery
Client Services Supervisor
Phone # 1-800-521-9654 Ext. 1248
E-mail: LMaki@parkwestgallery.com

From: Sandy Jeakins
Subject: RE: Park West Refund
Date: February 24, 2009 3:23:05 PM PST
To: ACainMoore@ncl.com

Well, Alice, all I can do is congratulate you on the last $3050 you will ever see from me or any of my cruising friends. When the economy goes south, it's "anything to make a buck", I guess.

I will have BofA close my account and I will let them know that I won't be paying off the last $3050 of my account and will send them all of the documentation. Clearly Park West thought they were buying my silence, not refunding my purchase.

It's a great disillusionment for me, I loved NCL and believed highly in your integrity. I had so hoped you were not a part of it.

Sandy

It is what it is - I could have made a deal with the devil - I didn't do it. Plus it's not over.

I am so, so, so, so glad I didn't invest tens of thousands of dollars. Look on the bright side - It would have been possible.

No matter, I just convinced two friends of mine (when they asked) not to cruise Alaska at all, but to take a land trip. I've made a mission to cost NCL $100K. This is the first $4K and my plan is to send every one of those itineraries (personal information removed) to the board, one by one and keep a tally for them. I'm letting them know I have a goal now.

Sandy

To Whom It May Concern:

I am very sad to write this letter. I have been a loyal NCL - CoBranded BofA cardmember for quite some time now.

Last August I took an Alaska cruise and purchased some artwork from an onboard vender whom today I know to be fraudulent. I also know that the work promised was to come with an appraisal for which I paid several hundred dollars. There was no appraisal forthcoming, just a certification from the owner of the company. It is meaningless and the artwork is valueless. The vendor is alleged to be in violation of Commerce Codes, but the sale was made in international waters.

I have never taken delivery on my "artwork."

At one point NCL, the "art dealer", and I had reached an agreement for a refund, but once I went public with my story, the "art dealer" retracted the offer.

I have been through hell. They withheld my passport until I paid for the "artwork" - I was not allowed to leave the ship.

There are ongoing class actions suits in progress and nearly 300 victims to the tune of millions of dollars. The art dealer is alleged to have sold a Dali forgery to a couple for over $500,000.

You will not help me.

So, for all of these reasons, I am canceling my account. I do intend to pay the remaining balance and accrued interest on all but $3050, the cost of my "artwork." Again, the company did not produce the value that they claimed and I have nothing whatsoever in my possession.

I know this will be severely damaging to my credit, but I cannot in all good conscience let them steal from me. And again, I do not have the purchase in my possession and they cannot produce anything that holds the value that they claimed. I will tell you this: if they were to allow me to choose my own appraiser - and pay for the genuine appraisal with the money they charged me for the appraisal - I would happily pay up to whatever that appraiser valued the work at - up to $3,050. I believe a truly independent appraisal will show the work to be worth less than $300 - at least that's what I can buy it for on EBay. This is fraud.

I am enclosing a couple of web links - one of which is a complete history of my battle with this company. And I am enclosing the full complaint of six victims of the "art dealer."

I would love it if you would intervene and help me - but I have tried three chargebacks, unsuccessfully.

Please let me know your intentions and how we are to proceed from here. And if there is any way possible to chargeback this purchase, please put that first and foremost in your response.

Sincerely Yours,

Sandy Jeakins

I’ve only accepted one. And I’m thinking I might hang it (it looks great in the space) and then post next to it, something like this:

"This print is worth upwards of $250, but I paid over $1,000 for it in the Ripoff Section aboard Norwegian Cruise Lines" And then have more info available etc. I got it for a room that we will be using for recitals so many folks would see it.

Also, now that I have one in my possession, I may be able to go back to my credit card company. Over the last 6 months or so, you folks have added a great deal of information and, if I go to the expense of a real appraisal, I might be able to convince my credit card company. I doubt it, but it's worth a shot. Before they wouldn't chargeback because I hadn't taken delivery and couldn't assert that it wasn't what I purchased because I had never seen it. Now that I've complied, I'm sure there will be some other excuse.

Oh yes, I do want to go to legal. I'm still here.

Sandy

From: "Sandy Jeakins"
Date: April 7, 2009 4:13:00 PM PDT
To: "'Laura Maki'"
Cc: "'Alice'"
Subject: appraisal

Hi Laura,

I am, today, in receipt of the appraisal of "Big Jam Theory." With all of the disclaimers, my insurance company will not insure my artwork at the value stated on the front. I have found an appraiser here in town to do it. May I please have a refund of the price for the appraisal (in keeping with your disclaimers on the back)?

Thank you ever so much,

Sandy