Would you have stopped payment? (vent)

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

essence706 Posted 4 Oct 2009 , 10:09pm
post #61 of 177

Everyone has given advice. I would like to know how this turns out and if the OP will do everything possible to get what she deserves plus some for all this mess. Probably took photos of cutting the cake, even eating the cake and serving the cake to guests but then don't want to pay!? SMH

mcaulir Posted 5 Oct 2009 , 1:05am
post #62 of 177

[quote="grandmaruth"]

Quote:
Originally Posted by 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




I'm with you. A totally unecessary addition to the discussion.

tonicake Posted 5 Oct 2009 , 2:04am
post #63 of 177

I've read all the advice, but I'm a big chicken to deal with this lady. She can be very scary.

My hubby says to to let it go, I do not need any more stress. However, when I told him people like her make me feel as if I never want to do cakes again. He dropped his head in disappointment.

It makes me angry because I allow people to make me feel this way, but I'm more angry at myself because I allow it. I just wish mean people didn't exist. I joke around about me being mean, but I am not a mean person. So I'm kind of still standing around with my mouth open in shock this has happened.

I'll let you know if and when I go talk with her bank this week.

Thank you all. Please don't think I'm ridiculous because I am hesitant dealing with her. I guess I want to see if she responds in any way to my last email.

goddessa12 Posted 5 Oct 2009 , 2:11am
post #64 of 177

I know how you feel about being hesitant, and you'll get no judgement from me. I have a neighbor that i drive around because I can't say no and she knows it.
That being said... This lady obviously took advantage of you and I want to go make her pay for you! but I can understand wanting the whole situation behind you as well.
Whatever choice you make, however you decide to handle it... just make sure it's what you're happy with, not what we said to do or what your husband thinks, but what you can live with.

I hope things work out for you and you know we all have your back no matter what happens!

indydebi Posted 5 Oct 2009 , 2:11am
post #65 of 177

tonicake, you need to read this thread: http://cakecentral.com/cake-decorating-ftopict-654204.html

mommyle Posted 5 Oct 2009 , 2:34am
post #66 of 177

[quote="mcaulir"][quote="grandmaruth"]

Quote:
Originally Posted by Mensch

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




Normally I don't interject, but I am tired of my DH acting like a 2 yr old.... I actually thought that was nice. it's a difference in style. whooptie do. And she said that it was well done. It's not my style either. Lots of cakes aren't. My mother likes only a certain style, and I don't get offended when she says "Who on earth would order THAT?" but then turns around and says "Well, I bet they will be thrilled with it. It looks great. IF that's what you like...."

Again, it is a nicely done cake. The technique is difficult. The OP did a great job. It is not a disaster, even if it is not your style. So even if it is not your style, there is no need to cancel a cheque. And there is no reason to whip a person who admits that it is not their style. UGH!

Now, don't make me come back there!

-K8memphis Posted 5 Oct 2009 , 2:42am
post #67 of 177

Toni-Munchkin, I cannot adequately describe in words how great and wonderful it feels to get some satisfaction/resolution after someone does you like this.

You would not want someone you love to be treated this way.
Stress is inevitable.

The least you can do is go as far as you can to make this right. Call the small claims court. At least gather some information. Call somebody. Let your fingers do the walking.

Do you think you are enabling a mean deceitful, theiving woman?
Wonder who her next victim will be because she will be emboldened by this escapade.

OMGitsaLisa Posted 5 Oct 2009 , 2:52am
post #68 of 177

[quote="mcaulir"]

Quote:
Originally Posted by grandmaruth

Quote:
Originally Posted by 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



I'm with you. A totally unecessary addition to the discussion.




Perhaps unnecessary, but certainly not unrelated. The title of the thread is "would you have stopped payment" which this post was an answer to. No, while she doesn't care for the style herself, she would certainly not have stopped payment. Especially since it's well done in her opinion.

I happen to agree with it. This kind of cake isn't really my style either, but you can still easily see the skill that went into it and for that I applaud her.

As for what to do about the woman, I would be all for giving her every chance to make it right, but once it becomes clear that she has no intention of paying you in full for the work you did, you should absolutely press charges. I just can't see letting someone get away with committing fraud and robbing you of that much money. You told her that she was taking that money away from your children and you were right. Are you just going to stand there and let her do that? You're in the right morally and legally and can prove it. You'd be doing yourself, your family, and anyone else who this witch deals with in the future a pretty huge disservice to just ignore it.

I hope she responds like a decent human being to your last email. Good luck.

Ursula40 Posted 5 Oct 2009 , 2:52am
post #69 of 177

Another thing you should think about is, that if you let her get away with this, she will tell other people, how easy it is to get a free or really cheap cake from you. If you do not say anything or do anything, you might end up facing this kins of behaviour from your clients in the future. She will tell other people, of course, making herself looking good, but essentially people will remember, that you are a push over for cheap cake, just order, have it delivered and stop payment and the baker won't do anything

KSMill Posted 5 Oct 2009 , 5:04am
post #70 of 177

I understand your hesitance to confront the bride. I don't like confrontation either, but from what I've read in here, what she did was not only wrong, but illegal (fraud). If someone were to break into your home and take as much as she stopped payment for, would you call the police? Hopefully the bank will be able to tell you who to call. If you have an attorney, I think it would be worth asking the question of whether it's worth pursuing. This is probably not the first time she's done this...and won't be the last if she's not stopped.

CutiePieCakes-Ontario Posted 5 Oct 2009 , 5:09am
post #71 of 177

Don't take this! She stole from you, period. She committed fraud, period.

I've had to grow a spine recently, at my fulltime job. It was hard, and the cause behind it very upsetting, but I did it, and the ball's in my supervisor's court. She is my "Supreme Court" on this one. You need the real thing.

I know it's hard, we just want to decorate cakes, but sometimes the bad comes with the good. I'm sure you've had more good than bad.

When you do seek help for this problem (i.e. if you go to small claims court), be sure to include your court costs, gas for running around after this chick, time wasted emailing and calling - basically every moment you spent on chasing her, bill her for - and all the extra things you provided her at the last minute.

DO NOT CASH HER $100 CHECK - SEND IT RIGHT BACK. If you do, you've accepted payment and you have no further recourse. And, I bet she'd either stop that one, or just not have the money there to pay for it. If, in the end, she does settle for the full amount, don't take a check unless it's certified. And make sure she signs something that says she has paid in full on the agreed amount. One copy for her, one for you.

Remember: The Lord helps those who help themselves.

Niquie Posted 5 Oct 2009 , 6:55am
post #72 of 177

Ok, so I don't own a cake decorating business, so my 2 cents may not mean anything, but I have to say this.

You really should not let this go, simply because like everyone else said, she STOLE from you!!! Not to mention you "took a week off from teaching" in which you lost more money, and you didn't even get paid for your ingredients, let alone time, electricity, etc....! I understand that people can be intimidating, but you have lost out on so much at this point, that to let her just walk away with a wonderful cake, that obviously was eaten because she didn't say it was nasty in the response, would be super unfair to you, your husband, and your business. You would be taking a huge loss if you let her get away with this!!! You could have gone to work and got paid, instead of doing this cake, now you are out of your teaching wages, as well as your all of the things mentioned above. You should stand strong and at least get what is owed to you from this person.

This would also be a great opportunity to get your practice in for the next thief!!! icon_wink.gif
I hope everyting works out for you, and your cake was beautiful!!!

Ashley

ljdills Posted 5 Oct 2009 , 8:17am
post #73 of 177

First of all, as unpleasant as it may be, dealing with mean people is sometimes required when you are in business. Some of these people will push around anyone who will allow them to do so.
If you let her know you are serious and that you will not put up with this she may pay up and no further action may be necessary. I would send her an invoice (include the price of the extra cupcakes + bank fees + fee from your business for the returned check) and at the bottom of the invoice "If payment is not received in full within three (3) days this account will be turned over to the authorities where this matter will be pursued to the full extent of the law" Also put in bold print "PAYMENT MUST BE MADE BY CASH OR CERTIFIED FUNDS"

This hopefully will be enough to get her attention and make her realize you aren't gonna lay down for this.

Good luck !

Deb_ Posted 5 Oct 2009 , 12:21pm
post #74 of 177
Quote:
Originally Posted by mommyle

Quote:
Originally Posted by Mensch

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




Normally I don't interject, but I am tired of my DH acting like a 2 yr old.... I actually thought that was nice. it's a difference in style. whooptie do. And she said that it was well done. It's not my style either. Lots of cakes aren't.




Are you saying that Mensch is your DH? icon_confused.gif

__Jamie__ Posted 5 Oct 2009 , 12:31pm
post #75 of 177

Is that a calla lily shoved into the side of that cake?

dldbrou Posted 5 Oct 2009 , 1:14pm
post #76 of 177

I know you DH said he doesn't want you stressed out anymore than you already are, but until you resolve this problem, you will be depressed, stressed, mad, untrusting of future orders, resentful and other mental issues.

You need, for your own health, to stand up for your talent and professionalism and take all the advise given and do what needs to be done, get paid what is due.

You do not need to confront her if you do not want to, let the lawyer do what needs to be done. If you have all your paperwork, pictures, email correspondence in order as proof, you have what the lawyer needs to proceed.

Why are you letting this person bully you? Get a backbone and stand up to her abuse. She is a liar and a thief and should not be allowed to do this to you are anyone that participated in the event.

Would you allow someone to steal from your children? Would you allow her to abuse your children? Would you allow her to put your children down in front of all her friends?

She knows you will back down if she stands her ground, so why are you letting her?

You came here asking a question and my answer is NO. This is fraud. She signed a contract not only with you, but the check is a contract and the contract was fulfilled. She had no legal grounds to break the contract. You do not help out yourself or any other cake artist by letting her get away with this.

If guilting you into action is the only way to get through, then this is my intent. Help other cake artist and take action so that the message gets through to those that want to steal.

Your cake is beautiful with or without the flowers. It is elegant and you should and must be compensated for it.

The easy thing to do is to let it go, but what will you do when the next customer does this, because they heard you let her get away without paying for a perfect cake?

Off my soapbox now. Good Luck

Loucinda Posted 5 Oct 2009 , 1:19pm
post #77 of 177

I asked my DH about this (He is a Police Chief), here in Ohio, stopping payment on a check for something like this is ILLEGAL. Make a police report. The cake was beautiful - do NOT let her get away with stealing from you.

pianocat Posted 5 Oct 2009 , 2:42pm
post #78 of 177

Dear MOB
The cake I made for your daughters recent wedding was made to the order I was given. While I regret that you were not satisfied, it does not change the fact that I delivered what was ordered.

I am not sure that you realize that stopping payment on this cake was illegal. You may check this out with the bank and local authorities. I am giving you the benefit of the doubt, and if you get the funds to me by______, certifed check or cash only, I will not turn this over for legal action. If not, I will be forced to take further action.

ddaigle Posted 5 Oct 2009 , 2:59pm
post #79 of 177

I know many people that get seriously stressed out with confrontation. If dealing with confrontation is not your cup of tea, (and selling to strangers opens this possibility), then you may want to change your clientelle to friends and family. Not trying to be rude, but I don't know how to sugar coat this. Seriously...if you can not handle difficult customers, you are going to have a future of being taken advantage of..financially and professionally. Customers are rude now a days..."I'm sorry" doesn't cut it for them anymore. They want a discount or want it for free now a days. I see it everyday in the bakery I work at. It's a darn shame! I wish you luck.

paolacaracas Posted 5 Oct 2009 , 3:10pm
post #80 of 177

I haven't read the whole thread, but I wanted to advice you to charge the last payment 15 days before the event. Good willing costumers wont have an issue with paying in advance. That have been my policy for 17 years. The few times I have breack my own rule, are the times I've been in situations similar to yours.
After the party is over is when the money starts to hurt.

indydebi Posted 5 Oct 2009 , 3:12pm
post #81 of 177
Quote:
Originally Posted by ddaigle

Customers are rude now a days..."I'm sorry" doesn't cut it for them anymore. They want a discount or want it for free now a days.



I was in a fast food place recently. Evidently the order for the man ahead of me was messed up. THe place made it right and corrected his order. When they gave it to him, he loudly proclaimed, "That's it? That's all I get? What about my time I spent standing here? I should get this for free after all of this?"

The manager was a real professional. WIthout saying a word, he pulled the cash from the register, gave the man his money AND his food. The man continued to rant and rave.

I'm standing there thinking, "WTH is your problem? They made the order right AND gave it to you for free and you're STILL b*tchin'!?"

In the words of Seinfeld: People .... they're the WORST!

goddessa12 Posted 5 Oct 2009 , 3:31pm
post #82 of 177

Indydebi-- ""I'm standing there thinking, "WTH is your problem? They made the order right AND gave it to you for free and you're STILL b*tchin'!?"""

I was manager at a Steak and Shake not too long ago and that's exactly it, they don't just want the order fixed the want a free shake or money back or something. I hate to be negative and I'd like to think the best of people, but there is something about the food industry now that we let people get away with this stuff. People don't pull this stuff at walmart or target... return something because it doesn't work and walk away with a new product and all your money. Sorry, this is a big pet peeve of mine after working at that place for so long.

step0nmi Posted 5 Oct 2009 , 3:40pm
post #83 of 177
Quote:
Originally Posted by pianocat

Dear MOB
The cake I made for your daughters recent wedding was made to the order I was given. While I regret that you were not satisfied, it does not change the fact that I delivered what was ordered.

I am not sure that you realize that stopping payment on this cake was illegal. You may check this out with the bank and local authorities. I am giving you the benefit of the doubt, and if you get the funds to me by______, certifed check or cash only, I will not turn this over for legal action. If not, I will be forced to take further action.




this is EXACTLY what you should send her! Light a fire under her a$$ and you may not have to take further action icon_wink.gif
I sure hope you copy and paste this into an email or even a certified letter...that always gets people to do it quickly because they now know you're tracking the progress.

indydebi Posted 5 Oct 2009 , 3:42pm
post #84 of 177

goddessa, before my husband moved to the accounting dept, he was the guy you paid when you got your car fixed at the dealership. he said he could tell the ones, before they even walked in the door!, who had planned from the git-go to complain about SOMETHING to try to get it for free.

My favorite story is the lady who complained about her new tires and she shouldn't have to pay "that much" for those tires. So the service mgr told the tech to put her old tires back on and then turned to her and told her there would be no labor charge for swapping the tires. She suddenly started stammering. She wanted the new tires but she didnt' wnat to pay for them and the dealership called her bluff. She got the new tires..... and paid full price for them.

goddessa12 Posted 5 Oct 2009 , 4:11pm
post #85 of 177

That's it exactly Indy-- you just know the ones that are going to be problems, it's the little things they say when ordering or side comments, but you can usually tell before it goes south.
Who would ever think that complaining about price would get you cheaper tires, that just blows my mind!

mommyle Posted 5 Oct 2009 , 7:07pm
post #86 of 177

Well, we hear about all of the baddies, but I'm going to tell you about a "good bride".
She wanted a cupcake stand with 96 cupcakes. Disposable, so that we didn't have to worry about deposits, etc. I did my best, and the one part of the stand that I was worried about was fine, but a leg came off (don't even ask me how!!!!) before anyone got there. They were able to re-ice the cupcakes, the cutting cake was fine, they re-used the useable parts of the stand, and all the bride wanted me to know was that this happened. Doesn't want anything back. Didn't call to complain. Just to let me know. I'm going to send her a GC for a free occasional cake, because she is nice, didn't yell, was understanding, and, mostly, because she didn't ask for it. And I like her.

mommyle Posted 5 Oct 2009 , 8:07pm
post #87 of 177
Quote:
Originally Posted by dkelly

Quote:
Originally Posted by mommyle

Quote:
Originally Posted by Mensch

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




Normally I don't interject, but I am tired of my DH acting like a 2 yr old.... I actually thought that was nice. it's a difference in style. whooptie do. And she said that it was well done. It's not my style either. Lots of cakes aren't.



Are you saying that Mensch is your DH? icon_confused.gif





Oh, no. My DH is making me pi$$y with people who are being argumentative. I thought that Mensh was actually good, it was the people who were beaking about it that was getting my knickers in a bunch!

But if you are offering an upgrade.... icon_biggrin.gif

CutiePieCakes-Ontario Posted 5 Oct 2009 , 8:41pm
post #88 of 177
Quote:
Originally Posted by mommyle

Well, we hear about all of the baddies, but I'm going to tell you about a "good bride".
She wanted a cupcake stand with 96 cupcakes. Disposable, so that we didn't have to worry about deposits, etc. I did my best, and the one part of the stand that I was worried about was fine, but a leg came off (don't even ask me how!!!!) before anyone got there. They were able to re-ice the cupcakes, the cutting cake was fine, they re-used the useable parts of the stand, and all the bride wanted me to know was that this happened. Doesn't want anything back. Didn't call to complain. Just to let me know. I'm going to send her a GC for a free occasional cake, because she is nice, didn't yell, was understanding, and, mostly, because she didn't ask for it. And I like her.




Such a nice story. Sometimes things just can't be helped, and she knew it was no one's fault. Sh*t happens. And good for you in just sending her a gift cert. Now, you've got not only her future business, but the business of everyone she tells about you.

I once called a store to tell them that the flyers they had paid to have hand delivered for a weekend sale didn't come until Tuesday after the sale was over. I had never shopped there, didn't think I ever would, but the business deserved to know they didn't get the service they paid for. The receptionist was very grateful that I had told them. I didn't ask for 'payment' for my information, but I felt good in doing it.

Deb_ Posted 5 Oct 2009 , 8:48pm
post #89 of 177
Quote:
Originally Posted by mommyle

Quote:
Originally Posted by dkelly

Quote:
Originally Posted by mommyle

Quote:
Originally Posted by Mensch

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




Normally I don't interject, but I am tired of my DH acting like a 2 yr old.... I actually thought that was nice. it's a difference in style. whooptie do. And she said that it was well done. It's not my style either. Lots of cakes aren't.



Are you saying that Mensch is your DH? icon_confused.gif




Oh, no. My DH is making me pi$$y with people who are being argumentative. I thought that Mensh was actually good, it was the people who were beaking about it that was getting my knickers in a bunch!

But if you are offering an upgrade.... icon_biggrin.gif




LOL!! I'm a little slow sometimes! I thought I had finally solved the mystery of "who is Mensch anyway?" icon_lol.gif
"offering an upgrade" hilarious, thanks for the laugh!


To the OP, I really wish you would reconsider and at least contact your local police and ask them about filing a police report.

You worked hard for that money and it's not right that this woman should be allowed to snatch it back from you.

snarkybaker Posted 5 Oct 2009 , 9:06pm
post #90 of 177
Quote:
Originally Posted by tonicake

I've read all the advice, but I'm a big chicken to deal with this lady. She can be very scary.

My hubby says to to let it go, I do not need any more stress. However, when I told him people like her make me feel as if I never want to do cakes again. He dropped his head in disappointment.

It makes me angry because I allow people to make me feel this way, but I'm more angry at myself because I allow it. I just wish mean people didn't exist. I joke around about me being mean, but I am not a mean person. So I'm kind of still standing around with my mouth open in shock this has happened.

I'll let you know if and when I go talk with her bank this week.

Thank you all. Please don't think I'm ridiculous because I am hesitant dealing with her. I guess I want to see if she responds in any way to my last email.




You don't have to deal with her. The police will. This is called Theft by deception and it is illegal. I would send her a letter with a copy of the language of the fines possible in your state, usually it is something like treble damages plus a fine plus court costs, letting her know that you will be taking the matter to the district attorney in 10 business days. Refer all phone calls on the matter to your lawyer.

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