Would You Have Stopped Payment? (Vent)

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

mcaulir Posted 5 Oct 2009 , 11:52pm
post #91 of 177
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Originally Posted by mommyle

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Originally Posted by dkelly

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Originally Posted by mommyle

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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 or am I totally reading this post wrong?




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




Given that the OP was already a little unsure about the quality of her cake, I don't know if "I don't like it" was really a helpful phrase to use. It could easily have been left off the post. As this was what I meant, I'm not sure I appreciate being referred to as acting like a 2-year-old.

Plus, I find both Mensch's taglines a little offensive.

Sorry for hijacking your thread, OP. I think your cake is beautiful and lots of people have given you great advice about how to go about dealing with the situation. You should do whatever you are comfortable with doing. icon_smile.gif

indydebi Posted 6 Oct 2009 , 12:17am
post #92 of 177
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I don't like the cake but it is certainly nowhere near a disaster! It's just not my 'style'.


Given that the OP was already a little unsure about the quality of her cake, I don't know if "I don't like it" was really a helpful phrase to use. It could easily have been left off the post. ...... Plus, I find both Mensch's taglines a little offensive.



Are folks being critical of this comment simply because of who it was said by? I say that because I've said the very same thing about a cake, such as "I don't care for the design because it's just not my in my taste or style but the work is exquisite and shows a great level of talent and skill." and no one suggested my comment was out of line.

If someone who didn't like my style of cake told me they thought they cake looked nice (i.e. "nowhere near a disaster") I would take that as a higher compliment than from someone who DID like the style! I think it says a lot about the quality of workmanship when someone who doesn't like that kind of cake can see PAST all of that and note how well the cake was made.

Can some folks on here see PAST who made the comment and see the compliment IN the comment? icon_confused.gif

mommyle Posted 6 Oct 2009 , 12:20am
post #93 of 177

Debi, you always say things so much better than I think them. Thank you.

tonicake Posted 6 Oct 2009 , 12:30am
post #94 of 177

O.K. I spoke with a lady from the bank today (she has always worked with me from the day I opened my account and is very familiar with me and my business). She made some calls and the advice is to go to small claims court-only if I feel it will be worth my time and money.

I was wondering if it would do any good to go to her bank with photos and a copy of the check. See what the "lie" was to get them to stop payment. Does any one know?

However, I am friends with a couple of police officers at our church and I will speak to them. I know they will have plenty to say about it. They are both loyal customers of mine.

This is what I call a life lesson and believe me, I have learned a lot! I refuse to make another cake for anyone who does not pay in advance and money cleared-for any occasion. Have a tight contract and no questions left open.

The next bride that can not give me EXACTLY what she wants will have to go to someone else. This bride and MOB were still trying to make decisions 2 days before the wedding date. NOT AGAIN! As my nephew says to me, "I'm D-U-N! Don't mess with me!"

I want to let you all know how great you are and for the "funnies". You have cracked me up and I needed it. BTW, who is mensch? JK

Thank you!

Deb_ Posted 6 Oct 2009 , 12:48am
post #95 of 177
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Originally Posted by indydebi

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


Given that the OP was already a little unsure about the quality of her cake, I don't know if "I don't like it" was really a helpful phrase to use. It could easily have been left off the post. ...... Plus, I find both Mensch's taglines a little offensive.


Are folks being critical of this comment simply because of who it was said by? I say that because I've said the very same thing about a cake, such as "I don't care for the design because it's just not my in my taste or style but the work is exquisite and shows a great level of talent and skill." and no one suggested my comment was out of line.




Cuz you're the "forum matriach" and you'll kick our a$$! icon_lol.gificon_biggrin.gificon_wink.gif

indydebi Posted 6 Oct 2009 , 12:52am
post #96 of 177
Quote:
Originally Posted by dkelly

Cuz you're the "forum matriach" and you'll kick our a$$! icon_lol.gificon_biggrin.gificon_wink.gif



You're pitiful and I luv ya anyway! thumbs_up.gificon_biggrin.gificon_lol.gifparty.gif

-K8memphis Posted 6 Oct 2009 , 1:19am
post #97 of 177

I think Mensch's second tag line about slinkies is fabulously funny.
I love it.

I mean come on I've got the jar marked Ashes of Idiots--
this is where the slower moving slinkies ultimately reside.

icon_lol.gificon_lol.gificon_lol.gif

SimplyM Posted 6 Oct 2009 , 1:40am
post #98 of 177
Quote:
Originally Posted by tonicake

I was wondering if it would do any good to go to her bank with photos and a copy of the check. See what the "lie" was to get them to stop payment. Does any one know?




Her bank won't care. They processed their customer's request. I work for a credit union. Our reasons for stop payment are lost, stolen, and refer to maker. She lied to you, she lied to her bank.

Good luck!

tonicake Posted 6 Oct 2009 , 1:49am
post #99 of 177

Well SimplyM,

I must say, that isn't very encouraging.

Next? judge.gif

kjskid Posted 6 Oct 2009 , 1:55am
post #100 of 177

I think it's an absolutely lovely cake!

nelikate Posted 6 Oct 2009 , 2:01am
post #101 of 177

Tonicake,

Well done for a lovely cake. And for making the decision to go to your bank. I know you feel uncomfortable about this situation but it is a good time to learn from mistakes - like you have said and practice standing your ground. You dont have to be nasty to receive what you rightfully deserve. And this woman will continue walking all over people if she thinks she can get away with it.

I would work out the costs of going to small claims tribunal and how much is owed to you. I would probably do it regardless because it will cement in your mind that you are not a walk over and that you tried as hard as you could to get what was due to you.

you will feel better for it.

good luck

Nel

cakefanatic Posted 6 Oct 2009 , 2:16am
post #102 of 177

Why don't you call the bride and explain maybe she does not know what the mom pulled. Let her know that you will be pressing some type of charges against her mother. Mention to the bride that she never intended to pay for the cupcakes either. I think she planed it to get something for free, and that you were going to do nothing about it. TAKE CHARGE....you worked hard for your money.

Deborahleader Posted 6 Oct 2009 , 2:38am
post #103 of 177

I'm so sorry this happened to you! I have been told that the way to accept payment for wedding cakes in particular is this.
$50 deposit at the booking date. 1/2 of the money 2 months ahead of time and the remainder 3 weeks before delivery. Any earlier than 3 weeks and its cash only, and i provide a receipt. It can take up to 3 weeks to find out a check is non-sufficient funds. I had heard of this policy and thought it was good, however..... the trusting sole that i am allowed a bride to pay me the remainder 1 week before the wedding and guess what!!!! The check bounced. Luckily she reimbursed me (i am still waiting for her to pay the bank fee) but i got the main bulk back. We all learn as we go. i think the cake looked great, yes it was plain, but that's what the flowers were for...excellent job!!!

Ruth0209 Posted 6 Oct 2009 , 3:03am
post #104 of 177
Quote:
Originally Posted by indydebi

Can some folks on here see PAST who made the comment and see the compliment IN the comment? icon_confused.gif




AMEN! Sometimes I think some folks just wait for an excuse to hate anything some CC members have to say because they've disagreed with them in the past.

I think Mensch's tag lines are wickedly funny.

CarolAnn Posted 6 Oct 2009 , 4:27am
post #105 of 177
Quote:
Originally Posted by step0nmi

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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.




Excellent advice!!

You cake looks great to me. I like the style of the offset hex tiers, and it looks very sleek with the ribbon around the base of each cake. Your edges and corners are so sharp this cake could have flown without the flowers they stuck in it. Very nice job!! I'd love to be that successful doing a hex cake.

Please stand up for yourself and don't let the woman beat you down and get away with this. I wonder if the bride knows what her mom pulled on you. I wouldn't hesitate to bring her into it if mom doesn't make it right. I booked a wedding cake yesterday. I got half then and stated that I needed the second half two weeks before the wedding date. Mom wrote the check and made note of the date to send the other. I won't do a thing until I have that second check and it clears the bank. The MOB is the daughter of a good friend of mine but that doesn't hold water until the second check clears the bank. I'll cash the first one tomorrow. If it doesn't clear I'll be calling MOB right away.

I understand your feeling about confronting the woman about this but if you don't stand strong now you'll feel defeated and sabotage your own business. I'm pulling for you. You can do it!!

Loucinda Posted 6 Oct 2009 , 12:25pm
post #106 of 177

Just the threat of taking her to small claims court may be enough to get her to move. I would not let her get away with this, if I were you. You don't have to have a lawyer for small claims, you take the evidence in and present it yourself.

Talk to the Police Officers you know and get their input - good luck.

tonicake Posted 6 Oct 2009 , 11:01pm
post #107 of 177

Something I haven't even thought of until today is I have done a great deal of business with her daughter in law. I've had no problems her and I hope she doesn't disappear because of her crazy MIL.

Just another thing to bring me down.

Gosh, I don't like mean people! Why do they even exist? They should all be exiled!

Sorry, still venting. I'll probably will feel better after I conquer the next wedding cake and they love it. She is the first to be a hater. I just don't understand what her problem is! icon_confused.gif

Ursula40 Posted 7 Oct 2009 , 12:30am
post #108 of 177

Could you not ask the daughter in law what was the matter? Don't let this MOB get off so lightly, she stole from you. This is business nothing else

OMGitsaLisa Posted 7 Oct 2009 , 12:33am
post #109 of 177
Quote:
Originally Posted by Ursula40

Could you not ask the daughter in law what was the matter? Don't let this MOB get off so lightly, she stole from you. This is business nothing else




I don't know if I would drag the daughter in law into it. The problem is between the OP and the MOB since I assume the MOB was who the contract was with. It seems sort of unprofessional to bring others into it, especially if she's concerned about losing their business.

indydebi Posted 7 Oct 2009 , 12:35am
post #110 of 177

if the daughter in law is a good client, I wouldn't drag her into it.

I had a bride who gave me a bounced check. Her mom worked with hubby but we NEVER mentioned this issue to mom. It was between me and the bride ... mom had nothing to do with it. You just don't go throwing your clients business out there for everyone else to know about. If DIL brings it up to you, that's different. But I would not bring it up to DIL.

Deb_ Posted 7 Oct 2009 , 12:55am
post #111 of 177

Totally agree....although tempting.

Tonicake, was the contract with the bride or the mother?

If it was the bride (her signature on the contract) then I'd definitely contact her and ask why her mother put a "stop payment" on your check.

Jenteach Posted 7 Oct 2009 , 12:59am
post #112 of 177

I agree with what others have said. Just the mention that you are going to take her to court, she will probably pay up. DO NOT LET THIS WOMAN WIN! Do not take this from her - she needs to know that what she did was wrong. If you saw her stealing jewellery from the store, wouldn't you call the police? I think this is the same thing - she is stealing the beautiful cake you made!

Jen

Ursula40 Posted 7 Oct 2009 , 1:48am
post #113 of 177

If it was the bride's signature, don't you have to take her to court? The contract would have been between the OP and the bride, not the mother, or was the mother named (and signed) for the payment of the cake? If the bride signed, then the bride has to pay

dldbrou Posted 7 Oct 2009 , 3:10am
post #114 of 177

The check itself is considered a signed contract. That is the person who has committed the crime.

nonnyscakes Posted 7 Oct 2009 , 1:47pm
post #115 of 177
Quote:
Originally Posted by dldbrou

The check itself is considered a signed contract. That is the person who has committed the crime.




Right dldbrou, the MOB committed the crime and defaulted on her signed contract with the check but like the others were saying if the Bride signed the original cake contract then the OP may still be able to hold her accountable for non-payment of her cake contract.

dldbrou Posted 7 Oct 2009 , 2:05pm
post #116 of 177

Yes, whoever signed the contract is liable for payment of the cake.

The check is still a signed contract also. This is your proof for small claims court along with the cake contract.

You have a finished picture that the product that was produced and delivered with and accepted by way of the check.

Take all of your documentations with you to your lawyer or small claims court.

Document the entire episode while it is still fresh and bring any witness that you have. Did someone help you deliver the cake? Was someone in the room when the order was placed? Emails or text messages are also helpful in court.

I would not contact her anymore, just let the lawyer do their work or file with small claims and they will notify her.

OfficerMorgan Posted 8 Oct 2009 , 3:22am
post #117 of 177
Quote:
Originally Posted by tonicake



Gosh, I don't like mean people!




OK, that's it. GET A BACKBONE. NOW. This is a BUSINESS, not a touchy feely butterflies and rainbows charity! Get a contract! Make them pay you two weeks before! CASH the check at their bank that day. Don't give them stuff for free. If they request stuff at the last minute, don't make it until they pay you!

I am so frustrated right now with this. You aren't being nice, you're being a doormat, and it was all preventable and really your fault. People will take advantage of you and walk over you if you let them. DON'T LET THEM!!!!!!

favrtdtr Posted 8 Oct 2009 , 5:07am
post #118 of 177
Quote:
Originally Posted by indydebi

Quote:
Quote:

Quote:
Quote:

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


Given that the OP was already a little unsure about the quality of her cake, I don't know if "I don't like it" was really a helpful phrase to use. It could easily have been left off the post. ...... Plus, I find both Mensch's taglines a little offensive.


Are folks being critical of this comment simply because of who it was said by? I say that because I've said the very same thing about a cake, such as "I don't care for the design because it's just not my in my taste or style but the work is exquisite and shows a great level of talent and skill." and no one suggested my comment was out of line.

If someone who didn't like my style of cake told me they thought they cake looked nice (i.e. "nowhere near a disaster") I would take that as a higher compliment than from someone who DID like the style! I think it says a lot about the quality of workmanship when someone who doesn't like that kind of cake can see PAST all of that and note how well the cake was made.

Can some folks on here see PAST who made the comment and see the compliment IN the comment? icon_confused.gif





AMEN!!!!!!

AmandaKate Posted 8 Oct 2009 , 7:41pm
post #119 of 177

I don't have a business or anything but I have some more dealing with people advice.....

Maybe a better way of looking at it is.......If you hate mean people and this lady is being mean to you........then why would you want to give her stuff for free???? If you do nothing to get what you rightfully deserve out of her......then you are bascially saying to her.........."Thanks for being mean to me........here's some free sh*t to show my appreciation! I hope you enjoy it!!!!"

I too have had issues with dealing with mean/rude/pushy people in life (not in cake business seeings how i'm a newbie icon_smile.gif..........however one day I just realized.........if they scare me into letting them do what they want......then I'm doing a favor for someone that I hate and is mean to me........huh!?!?!?! icon_confused.gif that makes no sense.......and then i realized that I have the power to prevent them from getting their way....

TAKE THE POWER BY THE HORNS!!!!!!! thumbs_up.gif

I have faith in you!!! and watch Judge Judy!!!!! You can see that this kind of stuff happens all the time and the person who is in the wrong ends up being made to look like a complete moron!!! It's great......I wish that could happen to the MOB!!!

*steps off of newbie soapbox* icon_rolleyes.gif

saffronica Posted 14 Oct 2009 , 9:04pm
post #120 of 177

Any updates?

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