Store's abrupt shutdown leaves consignors in cold

Act II clients say they've been unable to collect money owed to them


Numerous consignors say they have been unable to close their accounts and receive money owed to them by Act II Consignment, which abruptly shut its Englewood location in early September.

The company's Littleton location closed in June after facing eviction proceedings from Woodlawn Shopping Center, whose ownership recently secured a nearly $50,000 judgment against Act II owner Gail Kincade.

Several former Act II clients interviewed by Colorado Community Media said they have tried in vain to recover money they earned through the sale of their merchandise by Kincade. They say Kincade has not responded to their calls and emails.

“I'm disappointed and unhappy I can't seem to get the money I'm owed,” said Chris Church, who called herself a frequent consignor with Act II. She said she is still owed roughly $120.

Consignment shops sell items brought in by individuals. When the items sell, the person who brought in the item — the consignor — gets a cut of the profits. Kincade told the Independent in 2015 that she had accrued around 9,000 consignors. 

Court records show that Cadence Littleton, which owns Woodlawn, began eviction proceedings against Act II on June 6, and the store closed that month. Several customers recalled being told in June that the Littleton store would be closing temporarily for remodeling. A post on the company's Instagram account said the store would be remodeled in July.

An email from Act II on Aug. 13 urged customers to bring in more items for consignment — including silver jewelry and designer purses — to the Englewood location. Then on Aug. 24, a judge ordered Kincade to pay nearly $50,000 to Cadence Littleton, according to court records. The judgment is still unpaid, according to court records.

By early September, the Englewood store was closed abruptly and the merchandise was cleared out, said consignors who don't know where their consigned goods went. The company's website and Facebook account have been deleted, as has Kincade's LinkedIn account.

“It's just totally disappointing,” said Ellen Letendre, who said she has been unable to collect her final $40. “It's an unpleasant way to end a business relationship."

It's too soon to say what sort of recourse consignors have, said Vikki Migoya, the spokeswoman for the 18th Judicial District, because the circumstances of the store's closure are unknown.

"If someone believes a crime was committed, they can always file a report with their local police," Migoya said.

Things were strange at the shop in August, said Karen Emmons, who tried several times to close her account and receive her last $30.

“It seemed like every time I went, there was a problem,” Emmons said. “They kept saying the computers were down and we'd get an email, but it never came.”

Kincade did not respond to numerous requests for comment on this article, including through email, voicemail and a visit to her Jefferson County home.

“I wish I could get my money back, but I'm not getting my hopes up,” Church said.


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