Feeling Baited & Switched--Do I Take It Or Leave It?

Lounge By BlakesCakes Updated 30 Jun 2011 , 1:13am by auzzi

BlakesCakes Posted 23 Jun 2011 , 2:21am
post #1 of 22

This hypothetical situation is a metaphor for something that is happening to me right now.
I'm very stressed about it, more for principle than for the $$.
The dollar amounts are the actual amounts I'm dealing with. There is no issue with the situation being life threatening or something that MUST be done. If I "leave it", I can "buy" it at another time or I can choose to never "buy" it, as affects me and only me.
I appreciate any and all feedback. Thanks, Rae

I order a cake. Baker says: base fee $150, pay up front, all details due by 4 months prior to event, no changes after 2 months prior to event, may be an upcharge for extras (nothing specific) but has never charged this fee before.

I pay $150 up front. Complete everything as specified 4 months prior to event. Small changes to plan requested by baker are accepted and approved. No changes requested 2 months prior to event.
7 weeks prior to event, Baker asks for plan to be "downgraded" and hints at possible upcharge for leaving plan as-is, but no specifics. I evaluate plan and say no to downgrading.
6 weeks prior to event, Baker e-mails to say that cake will now be an additional $200, take it or leave it, no refund of $150.

Do I --take it or leave it???

21 replies
saffronica Posted 23 Jun 2011 , 3:30am
post #2 of 22

I realize that since this is a metaphor, there may be some details that don't transfer well to the hypothetical cake story. But based solely on that cake story, here is what I think:

Are you kidding me? That's absurd. You don't take it OR leave it. You politely and respectfully demand either your cake for the agreed upon price or your $150 back. If they won't do it, you get a little less polite and a little more demanding. If they still won't do it, you take action. Report them to the attorney general. Get an attorney. Maybe even get the media involved. If necessary, blast it all over Facebook/Twitter/etc. Hopefully you have some kind of evidence, be it a written contract or saved emails.

Good luck, whatever you decide to do. And please, keep us posted! I must say, I'm very curious as to what this is really all about, though I don't blame you one bit for not wanting to share. Some things just need to be kept personal.

BlakesCakes Posted 23 Jun 2011 , 3:47am
post #3 of 22

At the moment, saffronica, we're on the same page. I'm trying to work it out using a straight line--to the top.

The general attitude is to just lay down & pay, which I just don't think I can do. I'm trying to work out strategies for comprimise, but I'm doubtful that it'll work out in my favor.

I will keep you posted.

Thanks for the thoughtful reply!

myslady Posted 23 Jun 2011 , 5:06am
post #4 of 22

I would want to know what was covered in the base fee and what caused the additional 200 to be added on. They should have been more up front with their fees.

On the other hand, as far as the baker asking the plan to be downgraded and since it wasn't there will be an extra $200 concerns me. Since you didn't accept their option to scale your order down you have to pay more.

CWR41 Posted 23 Jun 2011 , 6:21am
post #5 of 22
Originally Posted by BlakesCakes

Baker asks for plan to be "downgraded"

I don't understand why "Baker" would ask client to downgrade... why not supply what client requested that was previously agreed upon?

2xMiMi Posted 23 Jun 2011 , 11:22am
post #6 of 22

I agree with Saffronica - they quoted a price based on agreed items and if they want to downgrade if nothing else they should charge less not more.. Fight it!!

LindaF144a Posted 23 Jun 2011 , 1:11pm
post #7 of 22

Somehow this comes across to me as someone who low balled a price to get the business but has found a way to get a higher price in the end, especially when there are no major changes to the design. 7 weeks before an event means you are probably not likely to find someone free to take on the order should you walk away from this. It is putting you between a rock and hard place, financially and otherwise. It's a shame it is working out this way. I hope it gets resolved to a win/win situation.

Perhaps negotiating that extra $200 to say $100 could work for both of you.

springlakecake Posted 23 Jun 2011 , 1:23pm
post #8 of 22

I think it is absurd that they wouldn't at least give you your money back if they want to more than double the original agreed upon plan! It's hard to know though since I don't really know what the metaphor stands for.

BlakesCakes Posted 23 Jun 2011 , 2:21pm
post #9 of 22
Originally Posted by springlakecake

I think it is absurd that they wouldn't at least give you your money back if they want to more than double the original agreed upon plan! It's hard to know though since I don't really know what the metaphor stands for.

At this point, this is exactly what I would prefer.
Suffice it to say that it would be fair to both of us, since there is apparently someone in the wings waiting to pay another $150 (at least).

The sticking point is the original caveat that the $150 wouldn't be refunded for ANY reason. I accepted that with the understanding that the need to cancel would be generated by me--not by a sudden, unanticipated increase of 135%.


springlakecake Posted 23 Jun 2011 , 3:32pm
post #10 of 22

I am not a vindictive person, but you know, I think perhaps I'd "leave it" and then write a negative review of the business (if possible) if they were to refuse to give the money back.

cakesbycathy Posted 23 Jun 2011 , 4:42pm
post #11 of 22

Is there a contract in place that stipulates all the terms? If yes, then it's a no-brainer. They honor the original contract.

I would also tell them that they stick with the original agreement of $150 without downgrading. Otherwise I would demand my money back and tell them that you will be filing a complaint with not only the BBB but possibly the attorney general for fraudulent business practices.

Kiddiekakes Posted 23 Jun 2011 , 6:29pm
post #12 of 22

I'm sorry but I'd tell them to stuff it...and so would most.Baker is simply ripping you off....Why the heck should you be asked to downgrade and then be penalized for it if you didn't initiate the changes..Absurd...

I would have to leave it....JMO

Jess155 Posted 23 Jun 2011 , 6:46pm
post #13 of 22

I don't get it. Why would they penalize you for not downgrading? That doesn't make sense. As a fellow baker, didn't you get a sense of this other baker's work and ethic?

Herekittykitty Posted 23 Jun 2011 , 6:56pm
post #14 of 22

I don't understand how it is possible to contemplate paying more OR losing the deposit.

The original quote was for xyz work for $150. No changes were made except by the baker which you accepted. Then just before the date the baker changes the terms and says xyz plan is too detailed and must be downgraded or you must pay 135% more?! Yeah, I don't think so.

Get what you asked for and what was agreed upon initally or get your money back. YOU aren't breaking the contract (for the love of mike tell me you have one) THEY are. Without details it seems they are breaking it ureasonably as well.

The vague reference to possible upcharges is crazy, there weren't any "extras" the plan is as quoted except for baker changes. Now that the baker finds themself in a bind the orignal plan has enough "extras" to warrent an insane increase? This is a prime example of how NOT to do business.

I say give the baker a take it or leave it offer: do the job for the price quoted/return $'s paid, OR my lawyer will be contacting you. Take it or leave it.

Your tag line pretty much sums it up.

BlakesCakes Posted 24 Jun 2011 , 5:04am
post #15 of 22

Good news! Diplomacy paid off !

I cooled off and went back to the source. I asked nicely to re-work a small portion of the design in order to get back to the original cost, explaining that if I'd had any idea that it could increase 135%, I never would have signed on.

I think I was on point because they agreed--with no fuss at all!

I found an alternative that I'm happy with and now I don't lose my $150 and I don't have to start all over.

In the end, getting it settled civily and quickly is fine by me. It's a win-win situation.................an I can breathe again.

Thanks for the support! I had decided that if my alternate plan wasn't accepted, I was definitely going to LEAVE IT!

springlakecake Posted 24 Jun 2011 , 12:45pm
post #16 of 22

glad it worked out!

saffronica Posted 25 Jun 2011 , 5:03pm
post #17 of 22

Hooray for happy endings!

Just as a side note, if this was a real cake situation, can you imagine what the response would have been like if the baker had gotten on here and posted about her whatever-zilla customer who didn't want to pay for the upgrades?

Cakepro Posted 28 Jun 2011 , 4:23am
post #18 of 22

What the hell? I am so confused.

I can't even think of what you were actually trying to buy. A dress? A mural?

hollyml Posted 28 Jun 2011 , 5:20am
post #19 of 22

My guess is a tattoo. icon_smile.gif

And as it's already been resolved by the time I read this, I won't comment further on the original question. icon_smile.gif


Cakepro Posted 28 Jun 2011 , 5:58am
post #20 of 22

Mmmm, I don't know. She seems to imply that there is only one of these items, since she said, "there is apparently someone in the wings waiting to pay another $150 (at least)." If it's a service, like a tattoo, the artist could certainly book both her and the client willing to pay another $150 and the artist wouldn't be out anything except an hour or so of her time.

I sure hope she tells us soon. These things drive me crazy! LOL

cakesbycathy Posted 29 Jun 2011 , 2:57pm
post #21 of 22

I was thinking custom made furniture...

auzzi Posted 30 Jun 2011 , 1:13am
post #22 of 22

Baker says: base fee $150, pay up front, all details due by 4 months prior to event, no changes after 2 months prior to event, may be an upcharge for extras (nothing specific) but has never charged this fee before.

It was never going to be the original price quoted ...

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