I Will Never Never Ever Do This Again... Long Vent!

Decorating By kmoores Updated 8 Aug 2008 , 2:20am by MamaBerry

doughdough Cake Central Cake Decorator Profile
doughdough Posted 31 Jul 2008 , 7:46pm
post #31 of 81
Quote:
Originally Posted by JanH


Guess in the future, all last minute orders will have to be "Cash Upfront".....




I was thinking the same thing!!

Hopefully you have all her info, then you can continue to hound her until you get your money. Your cake was fabulous by the way!

laynie72 Cake Central Cake Decorator Profile
laynie72 Posted 31 Jul 2008 , 7:49pm
post #32 of 81

I am so sorry! icon_sad.gif
Please do tell us if she pay you![/quote]

cupcakeco Cake Central Cake Decorator Profile
cupcakeco Posted 31 Jul 2008 , 7:53pm
post #33 of 81

What a nightmare and a shame! I have two suggestions: first, if you try repeatedly but fail at communication with this bride and the MIL, keep the lines open between you and the florist, the one with whom you have a good working relationship. Chances are, the florist is going through the same nightmare and if the bride should continue to avoid you, the both of you can team up and bring her little butt to court.

Second: Please, PLEASE don't discount taking this bride to small claims court should it come to that. It sounds like a headache, but you deserve what you are owed, and by the sound of it, there is no way a small claims court judge would deny you payment for a cake that was recieved in perfect beautiful condition AND was consumed!

Jasmine33 Cake Central Cake Decorator Profile
Jasmine33 Posted 31 Jul 2008 , 7:57pm
post #34 of 81

Gorgeous cake!! That is terrible you got stiffed. I would be crying.

sweetcakes Cake Central Cake Decorator Profile
sweetcakes Posted 31 Jul 2008 , 8:11pm
post #35 of 81

im sorry this happened, but i am thankful you posted this, cause what with my irrate customer and all the other problems posted on here i am learning real fast that people will take advantage of you if you allow it.

Your cake was beautiful and i would send her a registered letter and invoice for the cake with a payment due date, then if she doesn;t respond take her to the small claims court. You'll have no problem im sure. Keep a written record of every attempted contact, conversation, etc.
I think its time we stopped being nice to these people, and demand payment upfront. It is business after all.

jmt1714 Cake Central Cake Decorator Profile
jmt1714 Posted 31 Jul 2008 , 8:11pm
post #36 of 81

i have to ask the obvious question . . . why did you not get payment before hand. you said it was obvious, but it wasn't to me.

also - are you "legal" - that is the only reason I can imagine for why you haven't filed a legal claim - I can't imagine your laws on not paying a merchant are all that different in CD than in the US,

CocoaBlondie Cake Central Cake Decorator Profile
CocoaBlondie Posted 31 Jul 2008 , 8:13pm
post #37 of 81

I feel so bad for you! I can't believe the nerve of people. She definitely took advantage of you. Thanks for posting this, its a good lesson for all of us to learn.

kmoores Cake Central Cake Decorator Profile
kmoores Posted 31 Jul 2008 , 8:18pm
post #38 of 81

Update - thanks for all the remarks on the cake, No I have not yet received payment and yes I am legal. I haven't gone to small claims because here we don't have one - and the bride is on her honeymoon. The MIL was told to give me payment on Monday but has failed to do so. I'll keep you all updated on what is going on! I need a contract for last minute orders, does anyone have one????

JanH Cake Central Cake Decorator Profile
JanH Posted 31 Jul 2008 , 9:38pm
post #39 of 81

Provincial court of Newfoundland and Labrador:

http://www.court.nl.ca/provincial/smallclaims/default.htm

Small claims courts in Canada and U.S.:

http://en.wikipedia.org/wiki/Small_claims_court

If the court isn't conveniently located for you to resolve the issue that way....

You might also be able to file a police report for theft of services and prosecute her criminally. (In order to circumvent the criminal charges, she can choose to pay you. But the police don't generally like being used in this way, so advising them that this is your ultimate goal is counterproductive.)

HTH

loriana Cake Central Cake Decorator Profile
loriana Posted 1 Aug 2008 , 2:40am
post #40 of 81
Quote:
Originally Posted by JanH

Provincial court of Newfoundland and Labrador:

http://www.court.nl.ca/provincial/smallclaims/default.htm

Small claims courts in Canada and U.S.:

http://en.wikipedia.org/wiki/Small_claims_court

If the court isn't conveniently located for you to resolve the issue that way....

You might also be able to file a police report for theft of services and prosecute her criminally. (In order to circumvent the criminal charges, she can choose to pay you. But the police don't generally like being used in this way, so advising them that this is your ultimate goal is counterproductive.)

HTH




Boy Jan, you never cease to amaze me at how helpful you are and how much research you do to help other CC'ers. Thanks for being YOU!

JanH Cake Central Cake Decorator Profile
JanH Posted 1 Aug 2008 , 3:02am
post #41 of 81

Try to help out where I can... icon_lol.gif

But thanks so much for the positive feedback, loriana! icon_biggrin.gif

FromScratch Cake Central Cake Decorator Profile
FromScratch Posted 1 Aug 2008 , 3:19am
post #42 of 81

My last minte contract is my normal contract, but they just have to pay upon ordering. No changes needed in anything other than their payment schedule. I hope you get this all resolved ASAP.

Denise Cake Central Cake Decorator Profile
Denise Posted 1 Aug 2008 , 3:25am
post #43 of 81

sorry this happened to you but I would have NEVER done a cake on such short notice without cold hard cash. I wouldn't have cared if she had Twinkies for a wedding cake. That is not my problem.

I wouldn't do a wedding cake that wasn't paid in advance no matter how short/long the notice was.

Cake is a consumable. It is gone...they have enjoyed, taken pictures with, etc. There is nothing to repo.

As for the MIL she sounds like she is caught in the middle. I don't blame her for not paying - it wasn't her bill. I would like the tacky bride know that she either pays or I would take her to small claims court and then I would do it. What a JERK...

I wish bad s&x on her. not no s&x...bad s&x. I only reserve that for people who really piss me off.

maryjsgirl Cake Central Cake Decorator Profile
maryjsgirl Posted 1 Aug 2008 , 3:58am
post #44 of 81

Well if you are late paying any other bill you have to pay interest or late fees. Maybe if you let the MIL know that there is a 5% interest rate per day late she may get off her butt.

DecoratingDingbat Cake Central Cake Decorator Profile
DecoratingDingbat Posted 1 Aug 2008 , 4:53am
post #45 of 81

I always use my standard contract. If there is any difference in time or deposit, I cross out the 'standard' and write in the agreed difference and I have the client initial the area. I've always had the impression that my contract may be a little 'tighter' than most, I require initials on all areas (ie: color, dates, sizes etc. etc.). This way it's almost impossible for the argument (best whiney voice) "That wasn't explained!" - or "I didn't know that!" - or "That's not what I wanted!" --- I just go to that part of the contract, and ... "lookey! You initialed it and that means a) we went over this part and you understood & agreed - b) it's what you ordered at the time of purchase" I've been very lucky and never had much of a problem, just a few 'lates'.

Any last minute shoppers that come my way are made aware that I have a cheque in hand before an egg is broken - AND as the OP stated earlier - the total cost and deposit both go up!

I wouldn't even bother with the MIL, unless it's to take the $500 out of her hand. Your dealings were with the bride, not her.
MAN! She's lucky it's you - I would have already sent the invoice/letter and left a message that you will be filing a claim if you don't receive 'cleared payment' by a specific date.
Then watch the MIL do the tornado twist - some people need to mind their own!

SugaredUp Cake Central Cake Decorator Profile
SugaredUp Posted 1 Aug 2008 , 5:20am
post #46 of 81

Your cake is absolutely gorgeous! Makes me mad that she's gotten it for free! She better pay up! Sue her! People are SO low!

Momkiksbutt Cake Central Cake Decorator Profile
Momkiksbutt Posted 1 Aug 2008 , 6:03am
post #47 of 81
Quote:
Quote:

also - are you "legal" - that is the only reason I can imagine for why you haven't filed a legal claim - I can't imagine your laws on not paying a merchant are all that different in CD than in the US,




I can tell you as a former civil admistrator that whether she is legal or not is not an issue. Anyone can have a money transaction with anyone.

The issue is: Did you get anything in writing from her? An agreement for service or anything that willl prove to a judge that you had an arrangement??

If you have that, then you are set.


It does depend on the state you are in, but usually these things are pretty much the same and the only differences are the amounts maximums that you are allowed to claim in your state.

It's worth checking into and at least send her a "Demand for Payment"...if nothing else it will get her attention and make her know you mean business. I suggest you tell anyone else she has not paid to do the same.

If these kind of people aren't called on this type of scamming, it makes it a hardship for everyone they involve. Not to mention it's against the law!!

It's called "Larseny"...

kmoores Cake Central Cake Decorator Profile
kmoores Posted 1 Aug 2008 , 11:07am
post #48 of 81

[quote="
The issue is: Did you get anything in writing from her? An agreement for service or anything that willl prove to a judge that you had an arrangement??

If you have that, then you are set.

[/quote]

I've kept all the emails and the picture of the cake which we wrote all the instructions on as well as the price. If I don't receive payment today - I'll be starting small claims with her. Also, I have the lady who decorated the hall - who signed off on the cake - oh my Lessons learned for sure.

Actually I had a Bride here last night and made sure she signed EVERYTHING including the design. - Anyone know how to make small gerber daisies for the tops of cupcakes? LOL

sweetideas Cake Central Cake Decorator Profile
sweetideas Posted 1 Aug 2008 , 12:01pm
post #49 of 81

Your cake was beautiful, and I am so sorry you are going through this. I had to put together a very quick wedding myself but my bakery basically had the same contract, only I had to pay everything up front which since I was going to have to anyway eventually, I had the money for her. I think in the future you might say upfront that you have to have the entire amount for the cake before you commit to the order. It sounds like you went above and beyond what any baker should have been expected to do. I hope you get your money soon!!

SeptBabyMom Cake Central Cake Decorator Profile
SeptBabyMom Posted 1 Aug 2008 , 12:31pm
post #50 of 81

Hi Krista,

Oh that really sucks... you go out on a limb and work hard for someone and that's the thanks you get. That cake was beautiful and I hope she owns up to her end of the bargain, who knows... perhaps it's just the MIL being a turd. icon_smile.gif

Also... what part of Newfoundland are you from? I'm a fellow Newfie and live in Paradise. Nice to see another one here on the board.

Jolene

Ironbaker Cake Central Cake Decorator Profile
Ironbaker Posted 1 Aug 2008 , 2:26pm
post #51 of 81

Not much more to add that hasn't already been said but your cake was lovely. Hard lesson to learn but I hope you come out the victor in the end. Please do not let this rest until you get your money. I agree that she knew exactly what she was doing and did not "forget" to order her cake. BS.

On another note, JANH - I love you dearly for having Terrence Howard as your new avatar. Image

jmt1714 Cake Central Cake Decorator Profile
jmt1714 Posted 1 Aug 2008 , 2:27pm
post #52 of 81
Quote:
Originally Posted by Momkiksbutt

Quote:
Quote:

also - are you "legal" - that is the only reason I can imagine for why you haven't filed a legal claim - I can't imagine your laws on not paying a merchant are all that different in CD than in the US,



I can tell you as a former civil admistrator that whether she is legal or not is not an issue. Anyone can have a money transaction with anyone.




Eh - that's debatable. If I signed a contract with someone thinking they had a legal licensed business and it turns out they aren't, it may or may not be an enforceable contract. You can have an agreement with a bookie, but if you win, you can't sue to collect the amount if he refuses to pay, since it was an illegal transaction in the first place. It isn't quite as simple as what you stated earlier.

And I think you mean Larceny ?

Melody25 Cake Central Cake Decorator Profile
Melody25 Posted 1 Aug 2008 , 2:41pm
post #53 of 81

I'm so sorry that happened to you! The Wench! The cake is gorgeous though!

GenGen Cake Central Cake Decorator Profile
GenGen Posted 1 Aug 2008 , 2:49pm
post #54 of 81

the cake looks worth the fee you charged in my opinion icon_smile.gif

Beckalita Cake Central Cake Decorator Profile
Beckalita Posted 1 Aug 2008 , 2:57pm
post #55 of 81

Let this be a lesson to all ~ large cake orders should be paid in full 2 weeks prior, and last-minute orders should be paid in cash BEFORE you start any work.

jsmith Cake Central Cake Decorator Profile
jsmith Posted 1 Aug 2008 , 3:00pm
post #56 of 81

Your cake is beautiful! Unfortunately this is one of those learning experiences that turns you into a serious business woman. It sucks but I think they're actually necessary. I've had a few of these (one very similar to yours) but now I have almost no sympathy for customers. I used to try to fit them in if they ordered their cake at the last minute but now I've got the attitude that it's not my problem. And if they don't pay by the deadline then I cancel their order and look forward to having that weekend off. I really like that saying that it's not personal, it's business. I hope you're able to get your money soon.

terrig007 Cake Central Cake Decorator Profile
terrig007 Posted 1 Aug 2008 , 3:06pm
post #57 of 81

Just wanted to add I'm sorry this happened to you and the cake is beautiful!

Cake_Bliss Cake Central Cake Decorator Profile
Cake_Bliss Posted 1 Aug 2008 , 3:14pm
post #58 of 81

icon_cry.gif I feel so bad for you icon_cry.gif The cake was gorgeous! icon_biggrin.gif

debster Cake Central Cake Decorator Profile
debster Posted 1 Aug 2008 , 3:25pm
post #59 of 81

Looks well worth what you charged and I'm even rural.............Nice work!!

apetricek Cake Central Cake Decorator Profile
apetricek Posted 1 Aug 2008 , 3:28pm
post #60 of 81

First off your cake is amazingly BEAUTIFUL!!! I had a similar experience years ago, I had a friend of a friend call me, and explain her financial hardships, blah blah blah...well I felt bad for her, gave her a HUGE discount...3 tier carrot cake, gumpaste flowers, ribbon for 60 people for $150.00 I know I was CRAZY...but feel like you never know when you may need someones help. I didn't ask her for any money up front, told her to pay at pick-up. So she gives me a check that bounces twice and a week later after threatening her, she finally paid me. That is when I updated my policies ASAP!!! I now get FULL payment a week before the wedding NO QUESTIONS!!! If for some reason it would be less than a week, like in your case...Money is due right then, no money no cake simple as that! I tell them very upfront...if you do not plan on paying me before the event, do not expect a cake to be sitting there at the event! I know sounds harsh...but I have had people even call me the morning of the event, and cancel, and here is a cake all done sitting ready to go. People are such A**holes I tell you!! When you deal with the public...gotta get some pains!!! Keep at her even if you have to threaten her with a lawsuit, have a friend call her posing as a lawyer and see how quick she gets you the money! Best of luck to you, like others said it was a learning experience, unfortunatley you had to go through it!

Quote by @%username% on %date%

%body%