Would You Have Stopped Payment? (Vent)

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

tonicake Posted 14 Oct 2009 , 11:37pm
post #121 of 177

Here's what has happened. Last Thursday, the MOB drove to my house and placed a check in the mailbox. We had already checked the mail.
My husband checked it too, when he got home. That's how I know when she came by. She didn't even have the "guts" to hand it to me.

I haven't talked with my church police friends (believe it or not-both out w/flu). So in a nut shell, I am still holding a check for $100.00.

Honestly, I can't deal with this woman any more. I'm not going to allow her to rob me of another moment of my sanity. I did my job and she is not my only customer! There are so many BIGGER and better!

Thank you all for your advice and opinions. I simply wanted to know what you as decorators could see. (To assure me the cake was not a complete wash.) You are all great!

Rose_N_Crantz Posted 14 Oct 2009 , 11:55pm
post #122 of 177

You know, I've heard about "Walls of Shame" at some businesses. Basically, if the client gives them a bad check (maybe a stopped payment check would work too), they black out the account number, make a copy and post it on the wall under a sign that states this person wrote a bad check.

If I was in the business of writing bad checks, that would be enough to send me off looking for the next sucker.

OMGitsaLisa Posted 15 Oct 2009 , 12:13am
post #123 of 177
Quote:
Originally Posted by tonicake

I'm not going to allow her to rob me of another moment of my sanity.




Well, either way you cut it, you're letting her rob you. I'm just glad that you're in such a position that you *can* let people steal what has to be at least a few hundred dollars from you. Either way, you seem to have resolved it in a way that makes you happy, so good for you. thumbs_up.gif

cakesdivine Posted 15 Oct 2009 , 1:13pm
post #124 of 177
Quote:
Originally Posted by OfficerMorgan

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!!!!!!




You are SO my HERO! icon_biggrin.gif

Tonicakes - I hope you read this...

I use to be that doormat too. Where my cakes are concerned I am a force to be reckoned with now! I charge what I am worth, I DO NOT EVER accept checks. Credit card & cash only, half down in a non refundable deposit or $300 which ever is larger, cakes under $400 are payable in full at time of booking, and if over that balance due 2 weeks prior. One courtesy email one week prior to payment deadline, one courtesy phone call day before payment deadline, if even one day late payment must be cash, if 2 days late NO CAKE! Also, no changes or additions after the 30 days till event mark.

As far as a stopped payment - have had it happen to me once in my cake biz but several times in my dance studio biz (usually because they quit and didn't actually withdraw from the school, and I have an iron clad withdrawal policy in that contract that they sign.)

I filed them with my DA and got the money each time plus the return check fee of $40 and the filing fee of $50. Stopped payments don't have to follow the same guidelines as a returned check for NSF. An NSF you have to allow 14 days from date of letter for repayment and you have to send certified letter notifying them of the NSF. When a DA sees a stop pay and there was no valid reason, it is then theft by check and they take that VERY seriously! You don't have to go to small claims, that is much more expensive. Just sick your local DA on her. They will handle it all for you. You only need to talk to the DA, you don't ever have to even speak with that lady.

cakesdivine Posted 15 Oct 2009 , 1:38pm
post #125 of 177

Okay wait, I just read your update. How much was the check she stopped payment on? Is $100 what they owed you? Also, I would send the bride an invoice for the extra cupppies not only because she owes you for them, but because of all the stress her mom gave you!

And WHY on GOD'S GREEN EARTH WOULD YOU ACCEPT ANOTHER CHECK FROM THIS PERSON????!!!!!!

WOW! I am really dissappointed in you. You are an amazing cake artist, but if you don't have the business balls that you really need to do this business (or any business) then why are you doing this. You can't "play" at being a professional cake designer/decorator, and when you let people do you this way, then you are playing at being in business? Who is the boss of your business YOU or YOUR CLIENT???

It should be YOU! I guarantee you that the reason she pulled this stunt is because she already read in your demeanor that you would fold like a house of cards.

In the dance studio biz, studio owners who try to please every single client, and the clients run the show, end up out of business within 2 years! I have seen dance studios owners who have been in business for over 30 years, grow older, softer, and stop being the boss and evertime they end up closing, emotionally and financially drained because of it. And then I have seen newbies open and think they have to do it the way each client wants, and there again fold in no time flat. You cannot please everyone, so you have to please yourself! (great song btw...LOL)

You have to deal with your business the way you would if you were working for a paycheck from an employer...that business is your paycheck! Don't let others screw with your families pocket book!

Again, you are an AMAZING cake artist! Your works speaks for itself! Don't be that doormat! And change your contract and payment policies IMMEDIATELY! It really will take so much of the stress of this biz off your shoulders.

sadsmile Posted 15 Oct 2009 , 1:56pm
post #126 of 177

Wait how much is still owed including the stopped check and remaining balance for the extra last minute order? That is crazy. I am with the others and you should go after what is yours by right and contract.

Or else you should start giving your cakes away and bend over for them to boot...

This is terrible! No one is going to stand up for you and your business but you.
It is quite empowering to get what you have coming and make the would be thieves pay up. Seriously if you give up now there will be a long line of orders to come that will be ready to try and shaft you. Especially once word gets out how they just didn't pay you for the rest because they thought it wasn't worth it.
Are you going to roll over and take it on all future orders too? Come on you can do it! It is worth it! And it is owed to you! Make the calls and get things handled lawfully! thumbs_up.gif

sugarMomma Posted 15 Oct 2009 , 2:16pm
post #127 of 177

I still think you should pursue the rest of the payment and payment for the mini cupcakes.
Don't wait for the next contract to exercise your resolve to stand up for yourself. Start now. Go after what is yours, you will feel much better. At least send her an email or letter to let her know you will be taking legal action and/or report her to the credit agencies.
Is $100 worth the money you spent and the week you took off teaching??

CarolAnn Posted 15 Oct 2009 , 3:24pm
post #128 of 177

Okay I'm lost. So did you get all the $$ owed you or not? Without reading all these pages again, what's the $100 check you're holding? What does she still owe you? UGH!!

neelycharmed Posted 15 Oct 2009 , 3:31pm
post #129 of 177

Can't wait to find out what's happening with this post!
Hope its all worked out,
Jodi icon_smile.gif

KathysCC Posted 15 Oct 2009 , 3:33pm
post #130 of 177

The easiest thing to do when holding a check like that is to immediately go to a branch of HER bank and cash the check. You can tell HER bank that you are afraid there may not be sufficient funds since you have had problems with this person in the past. They should cash the check and look at her funds too. If the check is bad or stop payment has been issued they will know without you having to go through your own bank to find out. It's that simple. You get your money without the hassle. We do this all the time with problem check writers.

-K8memphis Posted 15 Oct 2009 , 3:37pm
post #131 of 177
Quote:
Originally Posted by KathysCC

The easiest thing to do when holding a check like that is to immediately go to a branch of HER bank and cash the check. You can tell HER bank that you are afraid there may not be sufficient funds since you have had problems with this person in the past. They should cash the check and look at her funds too. If the check is bad or stop payment has been issued they will know without you having to go through your own bank to find out. It's that simple. You get your money without the hassle. We do this all the time with problem check writers.




The deal here is that the $100 does not cover the first stopped payment check that was written. The lady wrote a check to pay for the cake then stopped payment on it--perpetrated fraud yes?

rosiecast Posted 15 Oct 2009 , 3:56pm
post #132 of 177

I'm new. Have never sold a cake, BUT I agree with the PP that suggested you take this woman to court or at least scare her into paying you what you're owed. You did a wonderful cake and if it was me, I will NOT allow anyone to not pay me for my work. I think that allowing anyone to rob me of my hard earned money will take more peace than fighting for my rights.

Good luck to you,

__Jamie__ Posted 15 Oct 2009 , 4:15pm
post #133 of 177
Quote:
Originally Posted by cakesdivine

You are an amazing cake artist, but if you don't have the business balls that you really need to do this business (or any business) then why are you doing this. You can't "play" at being a professional cake designer/decorator, and when you let people do you this way, then you are playing at being in business? Who is the boss of your business YOU or YOUR CLIENT???




Amen! thumbs_up.gif You can make cute puppy and fluffy bunny cakes, but take them out of the business side of things.

Deb_ Posted 15 Oct 2009 , 8:34pm
post #134 of 177

And this is why I tell people who are wanting to open a "cake business" that "making cakes" is just a very SMALL part of doing this as a business. If you don't have a business set mind....it doesn't matter how beautiful and delicious your cakes are.....chances are your business will fail.

OP if you cash this $100 check that may be taken as resolution to this matter.

I wouldn't cash it.

I'd bring it to the police along with a copy of the canceled check and file a report.

-K8memphis Posted 15 Oct 2009 , 10:34pm
post #135 of 177

The one reason I predict our poor stressed out op does go forth with this~~ Because there cometh one after her. Because this stop payment chick will be emboldened to do this again somehow. Maybe not with a wedding cake per se but somehow to someone else.

If she's allowed to continue she'll screw somebody else.

I mean it might reach a point where you cannot continue -- no more stings to pull but you gotta think it over some more huh.

<couenablinggh>

Ladiesofthehouse Posted 16 Oct 2009 , 3:36am
post #136 of 177

You know, one of the things you have to get good at when you are running a business is the ability to remove the emotion from the situation. It's fantastic when the customer gushes over the gorgeous cake, but there will be times when they don't and our response should always be businesslike and professional.

I have a similar situation right now with an unhappy customer because she lost her job and is asking me to refund money due to her circumstances.

I feel bad for her, I really do. BUT, business is business. I delivered exactly what she asked for, I cannot control what happens after that. I already expended my time, effort, money and my family did too while I was working on her order--how do I get compensated for all that if I just give the money back?

This lady you are dealing with is most likely VERY GOOD at ripping people off. I mean, really, how many people would even have the GUTS to do what she did after you delivered that beautiful cake and even came up with all the extra stuff she asked for? Think about it...

And if you think she has robbed you of your sanity now, just wait until you are laying awake at night stewing about it.

Gather your evidence, make the time and go deal with this like a real business owner would. The confidence it will give you will bring you light years closer to where you need to be mentally to succeed.

Good luck!

Sweet_Treats_1 Posted 16 Oct 2009 , 3:47am
post #137 of 177
Quote:
Originally Posted by Ladiesofthehouse

You know, one of the things you have to get good at when you are running a business is the ability to remove the emotion from the situation. It's fantastic when the customer gushes over the gorgeous cake, but there will be times when they don't and our response should always be businesslike and professional.

I have a similar situation right now with an unhappy customer because she lost her job and is asking me to refund money due to her circumstances.

I feel bad for her, I really do. BUT, business is business. I delivered exactly what she asked for, I cannot control what happens after that. I already expended my time, effort, money and my family did too while I was working on her order--how do I get compensated for all that if I just give the money back?

This lady you are dealing with is most likely VERY GOOD at ripping people off. I mean, really, how many people would even have the GUTS to do what she did after you delivered that beautiful cake and even came up with all the extra stuff she asked for? Think about it...

And if you think she has robbed you of your sanity now, just wait until you are laying awake at night stewing about it.

Gather your evidence, make the time and go deal with this like a real business owner would. The confidence it will give you will bring you light years closer to where you need to be mentally to succeed.

Good luck!




Hear judge.gif Hear judge.gif Very Well Said!

jenng1482 Posted 16 Oct 2009 , 4:10am
post #138 of 177

If you plan to pursue payment in full DO NOT CASH THAT $100 CHECK!!!! Check the memo line. If she wrote "paid in full" or anything similar you accepting that check as just that.

__Jamie__ Posted 16 Oct 2009 , 4:33am
post #139 of 177

Ladiesofthehouse just broke it down right now.icon_smile.gif

littlecake Posted 19 Oct 2009 , 7:28pm
post #140 of 177
Quote:
Originally Posted by Ursula40

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




this is exactly what i thought when some teens tried to scam me for a free cake last month.

i thought if they didn't get away with it this time, they might not be so eager to do it again to someone else.

this really stinks of scam mike mccary could have done the cake and she'd find something wrong with it....i haven't read the whole thread.....going back to see what happened..........

margaretb Posted 19 Oct 2009 , 7:32pm
post #141 of 177

I understand wanting to be done with the matter. I would be awfully tempted myself to consider it a lesson learned. HOWEVER -- you have been given a really easy (on you) option to deal with this mess. Call your DA, give the facts and evidence, and LET THEM DEAL WITH IT! IF they tell you that there is nothing they can do, then fine, let it go without the court and the confrontation. But I bet if you don't do something, this will come back and bother you for years. Even if you've cashed the $100 cheque, I still think you should call.

Also, I don't remember reading who the contract was with. If the contract was with the bride and not the MOB, I would definitely contact her and say that the invoice has not been paid, or send a new invoice:

cake: $400
2 doz cupcakes, rush order: $72
Payment Jan 1: $200
Payment October 1: $200
Stopped cheque, payment reversed: -$200
Stopped cheque fee: $40
Amount due: $312.
(obviously I am making up the numbers and dates)

That lets the bride know that there was a stop payment, in case this was something the MOB did without telling bride. It also reminds them how you went above and beyond by making the cupcakes as well. Seriously, a reasonable person who orders cupcakes from a baker is going to expect that they will be billed. And some people might get touchy that you didn't bill them immediately on that, but that doesn't mean that they still don't have to pay when you do send the invoice. Or send the cupcake invoice separately. Unless you actually said the words "no charge for the cupcakes", then CHARGE!

littlecake Posted 19 Oct 2009 , 7:38pm
post #142 of 177

for your veiwing pleasure

http://www.youtube.com/watch?v=RYxf7vDOFTk

judge judy on wedding cakes

nonnyscakes Posted 19 Oct 2009 , 7:44pm
post #143 of 177

Ha! Go Judge Judy!!

AmandaKate Posted 21 Oct 2009 , 3:16am
post #144 of 177

littlecake--- I LOVE IT!!!!

thumbs_up.gif

Thanks for this!

he_calls_me_angel Posted 21 Oct 2009 , 3:51am
post #145 of 177

You know, I'd still send her a demand letter just to see if it will scare it out of her. You can google a basic format.


I basically had an issue last year with a guy I hired with a limo bus for my wedding and he didn't show. I talked to him a few times and he'd say the check is in the mail but I finally sent a demand letter and ended it saying that if the ammount is not paid in full within 10 business days
I would take leagal action. I had a money order the next day.

Same with my husband's roommate that he lived with before we were married. He owed him 400$ and we didn't get that back until a demand letter was sent. Just saying you will take someone to court will sometime make them do the right thing...you know those people who have a bigger bark than bite?

But if you do decide to let it go you are a far better person than I am.

Your work was beautiful, and by not properly paying you she is underminding you and all of that work...what a nasty person...


But you know aswell as I, what you sow you reap

rosiecast Posted 21 Oct 2009 , 4:14am
post #146 of 177

He calls me angel- I agree with you. We had to do that with our precious land lady. Didn't want to give us our security deposit and basically said that she wasn't going to give us any money unless her apt. rented quickly (not our problem!). As soon as I mailed that letter telling her that unless I heard from her in X amount of days I would see her in tenant-landlord court she mailed that check right away! DH wanted me to leave it alone because he didn't want to fight her. I told him when she pays up I'm gonna take that $ and going on a shopping spree. LOL

People will only get away with what you let them get away with. fight for your money. It'll make you a stronger person.

Good luck,

-K8memphis Posted 21 Oct 2009 , 1:01pm
post #147 of 177

Yes yes yes and yes.

Because sure it's just money who cares right?

But it's not just money--money is the measure of our time--it's the ingredient of our lives--so it's not just greenbacks (dollars) it's our value --it's our worth.

Did your police friends recover from the flu yet? What'd they say?

rosiecast Posted 21 Oct 2009 , 2:25pm
post #148 of 177

Yep, K8memphis- this is a perfect example of: is not the money, is the principle!.

I'm learning so much from you ladies. Thanks,

Uniqueask Posted 21 Oct 2009 , 2:47pm
post #149 of 177

You guys, she is not even responding anymore, I guess she does not want to be bothered anymore, and left it alone Hmmmm, Oh well.

Jeff_Arnett Posted 21 Oct 2009 , 10:36pm
post #150 of 177
Quote:
Originally Posted by tonicake

Apparently, the MOB felt the cake was a big disappointment. I accepted her final payment the day of delivery and by Monday morning she stopped payment. 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. I even took a week off from teaching to get every thing done for her.

At the reception hall, I waited for about 30 minutes to get the final payment and then had to go hunt her down to get it. I wasn't leaving with out it-I just had that weird feeling. I kind of felt it when they stood me up for the 1st tasting and then was late to the second tasting. I was prepared to take the cake with me, if I didn't get the check. I did get it, but it didn't to matter.

She hired the flowers out to a florist-no problem. However, she told me if it were not for the flowers it would have just been awful. Duh! The flowers ARE the decoration!

I told her she was steeling from me and taking away from my children. Had she been honest and forth coming, I would have gladly refunded a portion of the money.

So, would you consider this cake a disaster? To stop payment? I think she was being ridiculous, but that's simply my opinion.

Thank you for your time.[/img]


The cake looks fine to me.....bottom line...they ate it...they pay for it! Had she refused to accept it on delivery, that might have been another case....but once they consumed it, that satisfied your contractual obligation. OFF TO SMALL CLAIMS COURT!

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