Would You Have Stopped Payment? (Vent)

Decorating By tonicake Updated 10 Aug 2011 , 12:16am by flourjuice

Mensch Posted 2 Oct 2009 , 8:20pm
post #31 of 177

I don't like the cake but it is certainly nowhere near a disaster! It's just not my 'style'.

Why didn't you get final payment weeks ahead of time? What was on the contract, and was the cake made according to contract? I hope you didn't make any of that extra stuff free!

Sweet_Treats_1 Posted 2 Oct 2009 , 8:23pm
post #32 of 177
Quote:
Originally Posted by tonicake

She even added (last minute) 3 dozen red velvet mini cup cakes with fondant OU's and 2 dozen banana nut mini cup cakes and never paid for those or even offered to pay.
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I would certainly make her pay for the red velvet, banan nut and the fondant work. I would also tell her that if she does not make good on the check that U will go to the authorities. If she was so dis-satisfied with the cake she should have told U when u delivered it and then U could have taken your cake back with U. I dont see how she has a legitimate complaint unless something was not done that was stated in the contract. Sounds like she wanted the cake but not to pay!!!DECEPTION!!! Hope U get paid for all of your work.

Deb_ Posted 2 Oct 2009 , 8:29pm
post #33 of 177
Quote:
Originally Posted by LaBellaFlor

Dkelly as long as you keep you avater we will ALWAYS know it's you!




Good point! Love looking at your kids in your avater too!

cutthecake Posted 2 Oct 2009 , 8:38pm
post #34 of 177

It's a beautiful cake.

cakebaker1957 Posted 2 Oct 2009 , 8:48pm
post #35 of 177

I think i would call the Bride. I dont see anything wrong with this cake, its Beautiful what was she on?

-K8memphis Posted 2 Oct 2009 , 8:51pm
post #36 of 177
Quote:
Originally Posted by sadsmile

...With out a doubt the MOB is in the wrong! I wonder if a better contract would be helpful in avoiding this in the future.
...




I doubt it. A good contract helps you out of situations it doesn't prevent them from happening.

Nutjobs just happen huh.

grandmaruth Posted 2 Oct 2009 , 9:23pm
post #37 of 177

[quote="Mensch"]I don't like the cake but it is certainly nowhere near a disaster! It's just not my 'style'.

this has nothing to do with the post but i am always amazed at the things that Mensch has to say......always so uplifting and inspiring...and she hates people icon_confused.gif

tonicake Posted 2 Oct 2009 , 9:45pm
post #38 of 177

I just checked back and WOW! the response. She said I didn't put buttons on the cake. Which we didn't talk about and I just looked at what we discussed and it never came up. She watched me write every thing down and I made a copy of our agreement.

I agree about not liking this cake, but I don't see cause for her doing what she did. However, she said she will write a check for $100.00 and nothing more. I also sent her the invoice again with the cup cakes added. Still waiting for a response from that.

Honestly, I should have just said no after being stood up for the first tasting. If I do not get another penny from her, it is an expensive lesson learned. I WILL NOT do another cake with out being fully paid in advance.

My husband said not to worry about it, God always takes care of us and then those who do use wrong. It always comes back one way or another.

Well, back to my competition cake for Tulsa. Thanks everyone for your support.

Oh, I forgot, she also stated she didn't like how the ribbon looked. She said she would have liked it better if it were one piece. I purposely made it the way I did to keep the edges from rounding. Any way.

__Jamie__ Posted 2 Oct 2009 , 9:48pm
post #39 of 177
Quote:
Originally Posted by tonicake

My husband said not to worry about it, God always takes care of us and then those who do use wrong. It always comes back one way or another.





Right. But tie up your horses anyways. (a good contract)

-K8memphis Posted 2 Oct 2009 , 9:55pm
post #40 of 177

Toni, no, not $100. The customer gets to set your prices?
No no no. Please don't let her do this.

I mean I agree with your husband, don't worry, fight. Game on!

But if the customer does get to set your prices then I wanna buy your house and car.

Sweet_Treats_1 Posted 2 Oct 2009 , 9:58pm
post #41 of 177
Quote:
Originally Posted by tonicake

I

However, she said she will write a check for $100.00 and nothing more. I also sent her the invoice again with the cup cakes added. Still waiting for a response from that.




WHAT, She better pay U for everyhthing U did!!! Does she go in a grocery store and tell them what she is and is not going to pay for their merchandise?(well she might, but I'm sure she would laughed out the store) I think not! Collect your fee, for your time and effort, and supplies!

__Jamie__ Posted 2 Oct 2009 , 10:00pm
post #42 of 177

K8, honestly, without a written agreement, a binding contract, I would personally feel like it wasn't worth it to go after her. But (not to sound like a broken record, bbbuuuut)that would never happen to me because of my strict unyielding adherence to contracts. And it doesn't have to happen to anyone else either.

I can't remember the last time I read about a car dealer getting shafted on $2,000 that was owed "at delivery time".

I don't recall ever hearing about a wedding dress that a bride got to keep for $200 less the day of the wedding because some pearls were the wrong color.

And I certainly don't recall anytime at my 9 to 5 that someone picked up a car we rapaired with a promise of "putting a check in the mail for the balance".

Hmmmmm. icon_biggrin.gif

cathyscakes Posted 2 Oct 2009 , 10:04pm
post #43 of 177

I think your cake was very pretty. She has no right to do this to you. Don't let her, you did what she said, I'm sure they ate the cake, didn't they. You can't let people get away with this kind of stuff. She is just trying to find anything wrong, its not right.

-K8memphis Posted 2 Oct 2009 , 10:05pm
post #44 of 177

The stopped payment check is all she needs!

__Jamie__ Posted 2 Oct 2009 , 10:06pm
post #45 of 177
Quote:
Originally Posted by K8memphis-

The stopped payment check is all she needs!




Oh oh oh icon_redface.gif ....duh, I forgot about that dang check. Yeah, NEVRMIND what I said, yeah, and any fees you feel are appropriate too.

__Jamie__ Posted 2 Oct 2009 , 10:06pm
post #46 of 177

Yeah...kind of like the title of the post, stop payment...heh heh. ((sigh)) TGIF.

zdebssweetsj Posted 2 Oct 2009 , 10:07pm
post #47 of 177

You can probably take her to small claims court , and get restitition for the check and estra unpaid merchandise you might want to checkl with the other vendors to see if they were treated as shamefully as you. Remember she can only get away with this if you let her.

Texas_Rose Posted 2 Oct 2009 , 10:07pm
post #48 of 177
Quote:
Originally Posted by tonicake

My husband said not to worry about it, God always takes care of us and then those who do use wrong. It always comes back one way or another.




But sometimes He takes care of us by giving us the strength to stand up to a bully like this woman.

$100 is not enough. Did your bank charge you a fee when she did the stop payment? I know I've had someone write me a check before and it bounced, and then I got charged a fee from my bank, on top of what I didn't get from the check. I would file charges against her...you have the photo of the cake and your agreement with her, so clearly you delivered and she's trying to cheat you.

No matter what the cake had looked like, she would have found something to complain about to try to keep from paying. That's why you had to go looking for her to get the rest of the payment...she was going to dodge you and then when you asked for the rest of the money after the event, claim that she was unhappy with the cake and refuse to pay. Instead you were ready to take the cake back (good for you!) and she had to pay. You should call her bank and explain that one of their customers did that to you, and ask what the procedure is for you in that situation. They'll know who you should call. You can keep it simple when you talk to them...one of their customers paid you with a check, you delivered, they put a stop payment on the check.

-K8memphis Posted 2 Oct 2009 , 10:19pm
post #49 of 177

I would put on my Financial Supervisor hat and start calling her at work. You gotta follow the law. You gotta be professional. Talk to her once a week. Call and only leave a message, you get to call back sooner. In the message, only leave your name, the name of your business and your phone number. Only talk to her, no one else about the reason for your call.

This is why I get phone numbers of everyone when I book a cake--mother's, fathers, chat people up find out where they work. That's worth a hundred times more than every additional page over the first one that we have in our contracts.

You legitimately, professionally call someone at work to collect on their shame--buddy you get some action. Might be negative but you're striking gold.

Once she or her work tells you she can't get calls due to work rules then you can't call her at work. You can still call her at home.

Look you wanna let her steal from you, that's your call for sure.
But this is as wrong as wrong can be.

I'll call her for yah! 10% fee.

Lurvely--you're so funny!!

cownsj Posted 2 Oct 2009 , 10:20pm
post #50 of 177

Your cake is beautiful, and you have this wonderful picture as proof. In some states you can sue for 3 times the amount of the check for something like this. Look into all the legalities in your jurisdiction before taking action. Sometimes, knowing you could get more than the check amount will be enough inducement to get someone to cough up the money they should paid all along. Plus, she made it so much worse for herself by giving you a check (accepting the goods as they were), then stopping payment. If she truly had a problem, it was her obligation to state the problem when you delivered the cake. But I see nothing but a great cake.

Doug Posted 2 Oct 2009 , 10:24pm
post #51 of 177

what's that old saying...

the Lord helps them that help themselves!

----

this is NOT a time to wimp out and say "God will provide" --

He will not pay you check fees.

He will not pay for the cost of making the cake

She has flat out broken the commandment to NOT STEAL! --- you were robbed!

-----

Time to help yourself to a lawyer and haul this woman before the court!

Sweet_Treats_1 Posted 2 Oct 2009 , 10:33pm
post #52 of 177
Quote:
Originally Posted by LURVELY

Quote:
Originally Posted by K8memphis-

The stopped payment check is all she needs!



Oh oh oh icon_redface.gif ....duh, I forgot about that dang check. Yeah, NEVRMIND what I said, yeah, and any fees you feel are appropriate too.



thumbs_up.gifthumbs_up.gif

Texas_Rose Posted 2 Oct 2009 , 10:37pm
post #53 of 177
Quote:
Originally Posted by Doug

what's that old saying...

the Lord helps them that help themselves!

----

this is NOT a time to wimp out and say "God will provide" --

He will not pay you check fees.

He will not pay for the cost of making the cake

She has flat out broken the commandment to NOT STEAL! --- you were robbed!

-----

Time to help yourself to a lawyer and haul this woman before the court!




Exactly thumbs_up.gifthumbs_up.gifthumbs_up.gifthumbs_up.gif

dkltll Posted 2 Oct 2009 , 10:47pm
post #54 of 177

Okay, I'm new here & not a Pro (baker, at least); however, I cannot stand by quietly any longer. $100!!!!!! She broke the law by stopping payment just as if she wrote a bad check & should be charged accordingly. I also would NEVER take a check from someone that stopped payment on a check!!! Also, once you accept any form of payment you cannot prosecute later b/c you settled. Before you cash the new check you should check into the legalities. I understand not wanting to make a fuss; however, I agree w/ all the CC's before me that is what contracts & photos are for. She should have rejected it upon delivery. I don't have a cake shop but we do make deliveries of custom furniture where I work & the customer ALWAYS signs the invoice upon delivery stating that they received it in good condition & as described in the original contract.

Okay, I'm stepping down off of my soap box now. I hope it all works out for you & GOOD LUCK in TULSA!!!!!

maryjsgirl Posted 2 Oct 2009 , 11:01pm
post #55 of 177

Is this for real? icon_confused.gif

At least call her bank and ask about the legalities of her stopped payment.

indydebi Posted 2 Oct 2009 , 11:31pm
post #56 of 177

As we progressed thru our business growth and encountered various barriers, I'd say "God didn't let me get this far just so I could fall on my face now." Then a friend told me, "Yeah, but he's not going to do it FOR you either!"

That goes in my "things I'll never forget the rest of my life" file.

catlharper Posted 2 Oct 2009 , 11:37pm
post #57 of 177

First of all, I'm so sorry you had to learn this lesson in such an expensive way. I'm sure from now on you will take a 50% deposit at time of booking and then the rest at least two weeks before the event or they get no cake at all. BUT for this time I'm sure the whole thing stings. A blow to your wallet, to your business and to your ego.

I would, as stated by others, go after her for the amount of the cake, cupcakes, extras and all bank fees. If she will not communicate with you then you may have to end up dealing with her through court papers. I'm sure she'd rather pay you what she should have paid you than have to pay for all court costs on top. Make sure to document everything...make copies of the cake photos, contract, emails, anything you have from her or to her. Stay calm with all communication and always be "above board" and you will come out smelling like a rose while she'll come out smelling like the compost that her behaviour has so far shown her to be.

Cat

cabecakes Posted 3 Oct 2009 , 3:29am
post #58 of 177

Man it takes all kinds. It's too bad you don't know who the other vendors for the wedding were, so you could contact them to see if she pulled any fishy stuff on them too.

Kitagrl Posted 3 Oct 2009 , 3:39am
post #59 of 177

As I read the OP I was ready to see an ugly cake....THAT cake is like flawless fondant work! I don't envy covering those hexagons! Gorgeous cake. What a thief! I hope you can get this resolved...I would yeah, think about calling the caterer and finding out if this happened to anyone else, or at least finding out if there were complaints about the cake.

seasonsmoke Posted 4 Oct 2009 , 9:53pm
post #60 of 177

She sould not have put a stop payment on the check. The edges of the cake are smooth and clean. The flowers are the decoration and the cake is the base. The cake still took a lot of work and for her order extra cupcakes and not pay for them is just wrong.

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