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Need Advice .... Brides Mother threatening to sue!!! - Page 2

post #16 of 79
if the cake didn't fall over AND they ate it......then they should get nothing back!! the bride said it was leaning....but did also threaten to sue or demand a refund?? it was the bride's cake....NOT the mother's!!

maybe offer to do the bride & groom's first anniversary tier for free..but I would discuss w/the bride...NOT the mother!!
post #17 of 79
Hi, Do you have a license and a legal kitchen? If you don't I think I would be more concerned with her going to the health department. When you are dealing with strangers threes no telling what they will do. I think your cake looks nice and hope things go well for you.
post #18 of 79
Here is a very important question? Do you need to work in a licensed kitchen where you live and do you? If by law you need to work in a licensed kitchen and you do not, I would suggest giving her all the money. You do not need any attention drawn to yourself that you are not licensed. If you are licensed, fight.... Where is your contract? What does that say? Just a couple of questions and things to think about.

Good luck and I hope it all works out for you.....
post #19 of 79
Thread Starter 
The bride was nice about it. She didnt ask for a refund she just said her mom was the one who paid for it and the mom wouldnt let it go until I gave her money back but to try and call her and work something out. I apologized but I told her I wasnt giving her any money back. When we got off the phone she was fine. (the bride)
post #20 of 79
Lawyer fees??? Court costs???Garnish wages???? icon_rolleyes.gif That threat is almost laughable! I think she's been watching too much courtroom drama on TV! I don't know about your state...but in mine the court dockets are so backed up you would have to get the nurses at the nursing home to take you to your trial!
Seriously, if court enters into it at all, I imagine it would be a small claims court ...and it would appear the strength of her case is compromised by the "eating the evidence". They must have thought it tasted fine, or they wouldn't have served/eaten it! I think she's trying to intimidate you.
post #21 of 79
If no one at the wedding got a picture of it, in its DIRE STRAITS then how is she going to sue you if she doesn't have any proof? This woman sounds like she needs something to do, like a hobby!

since you have cleared the air with the bride, and she is happy I would do nothing. If the mom calls again, then speak with her, and tell her you want proof of her claims.
"Be the change you wish to see in the world" - Gandhi

Airports are the new shopping malls - adam
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"Be the change you wish to see in the world" - Gandhi

Airports are the new shopping malls - adam
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post #22 of 79
Thread Starter 
I do the cakes out of my home. I dont really know what the laws are about me doing them from my home. She has threatened that also. I guess my defense will be I didnt know and I will pay the fines.
post #23 of 79
Check into what you have to do to have a licensed kitchen. I have mine through the Dept of Agriculture and then I also have to have a victualer's license from the town I live in.
I also have (my choice, not required by any agency) extra insurance added to my homeowner's insurance to cover my cake business. I have never had to use it, but it is nice to know if I do run into a legal problem, it should cover it.
I thought I'd add this in case it would be of any help.
post #24 of 79
I don't know a single thing about wedding cake protocol but one thing that I think you should be very careful with is any suggestion that just because they ate the cake, they aren't due any refund. I AM NOT SAYING THEY *ARE* DUE A DARNED THING! I am just saying, I respectfully disagree with the idea that you should use that as the basis of how you handle the issue. I'm trying to look at it from the customer's standpoint, and let's say for the sake of argument the thing was about 4 secs from falling over so before they even started the reception they cut the cake FAST and then served it after dinner. Well, that's a huge disappointment for a bride, since their cake shouldn't have been falling over. But if it was your wedding cake, wouldn't you eat it anyway? I mean what else do you do, order in twinkies?

That said, I strongly believe the burden of proof is on them to demonstrate that there was a problem with the cake. The cake looks GORGEOUS and it's true, what happens to it after you leave can't be entirely your fault. Unless you think it is your fault, if you think the globe supports didn't do their job and the cake was about to become the leaning tower of Pisa. There have to be 10000000 photos of that cake, before during and after the cutting ceremony. They need to pony up.

As for suing you - it sounds like she's just trying to be a *****, thinking if she threatens you she'll "win". I truly hate these types of people. They have no respect for others, and no concept of reality. She should absolutely positively be showing you photos of this "fallen apart" cake if she thinks she should get a penny more than what you feel is a fair "customer satisfaction" refund (should you choose to offer one). But I think what you yourself said kinda answers some of your own question: you already wanted to give them a refund because you felt the cake was a little leany. Don't reneg on that just because Mom's a jerk, but do not under any circumstances imply that you think anyone is "entitled" to a penny; any concession you offer should be a goodwill gesture. And a lawyer-OMG yeah right, she ALREADY talked to an attorney about a CAKE?? What a joke! I can totally see WHY you would prefer to offer nothing, just out of spite, because clearly the lady is trying to rip you off.

Totally agree with LukeRubyJoy that you should never imply that any cake is any less than perfect unless it is blatantly a disaster, so now you could just say "Listen, the cake was fine, I made sure of it when I left, but in the interest of customer satisfaction I will offer you an $x refund" or some future deal like cakes-r-us suggested. The lady sounds like a real *ahem* but that shouldn't change your initial instinct about the right thing to do. Forget about what a jerk she is: just offer what you know is right. But still insist on photos first, that is insanity to take her on her word, esp. since she has proven to be a total liar.

This is all my extremely humble opinion, again with 0 experience as a baker...I'm trying to look at it from the customer's point of view (i.e. the BRIDE) and think: what is my job as the customer in resolving this problem, and what is my cake designer's job? Oh while i was typing this some more posts came in, including from you, including that the bride said it was fine. I got news for you, she just completely wiped out her psycho-mom's ability to "file a lawsuit". What a surprise that would be when the bride was called in to court as a witness against her own mother LOL!!
post #25 of 79
The fines could be in the thousands of dollars, for being "turned in" by someone. Does that outweigh the money back? Personally, if I was in your shoes, I would not have any idea what to do. So, once again, best of luck!
post #26 of 79
I'm so sorry this is happening to you I think your cake is beautiful! That said, from what I've learned here on CC, doing cakes without a license can result in some very heavy fines. I would hate for that to happen to you. Sounds like the MOB is a total loon and you might be better off just giving her her money back and be done with her.
Good Luck to you!
post #27 of 79
Wow! Good thing you took a photo. I would tell the mom that as soon as you are provided with proof the cake was ready to fall over at any moment you will refund her money.

You left there knowing it was tilting some and maybe over time with the weight of the cake it was really tilted when the bride got there.

Why was it leaning? Was it the cake or the stand or the table?

I know it's hard to give the money back but I feel it is in your best interest to do so. One because it will keep the customer happy and shut up. No more bad mouthing you. But mainly because it is not worth dealing with her threats and having to worry everytime someone comes to the door about serving you with papers to show up in court.

You have a lot more to lose by not being licensed and being caught then you do by giving the money back.

However, if the bride signed the contract that is who I would pay. If the mother signed it then I would pay her.

The cake is a very important part of a wedding and is something everyone remembers so I'm sure if anything she said was true then I can see her being mad. One pays a lot of money for a wedding cake. You want it to be the center of attention.........after the bride of course.

If they had to cut it before everyone got there and couldn't take photos cutting the cake or feeding each other that is a memory that was stolen from them and they have a right to be mad.

To me it's just not worth it to have someone yelling at me and calling me over and over again.

Take it as a lesson learned to never leave a cake you feel is leaning a bit. If it happens again, be sure to wait for the bride to show and give the ok before you leave.

Good luck
Joanne
Joanne "It's all about the cake!"
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Joanne "It's all about the cake!"
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post #28 of 79
Quote:
Originally Posted by AmberC2

That is what i thought also pinkbunny & tonyas_jewels, if they ate it why should they get their money back.

She said that she called a lawyer and that he said that she could get all of her money back plus I would have to pay attorney fees and court costs and that she would have my wages garnished. Do you think she is trying to scare me into giving her money back or she sould really do this?



Actually yes she can sue and win. I'm not saying she will for sure, but she can. There is a decorator down the street from me who makes wedding cakes & runs a hall. The bride picked a cake supported by wine glasses....everything was fine until a kid knocked the cake over. You would think...ok a kid from their wedding...its not his fault. Wrong! They sued him and won. He had to refund the cake , pay court costs & I'm not sure what else. She said it ruined her wedding day.

I'm not going to give an opinion either way on refunding the money...i don't know all the details, but if the mom is persistant enough, it might not be worth the hassle to go to court
post #29 of 79
Well I'm curious to know who actually contracted with you for the cake? The bride or the mother? If it's the bride then the mother cannot sue you I believe.
Darlene
"A day without baking is a day without sunshine"
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Darlene
"A day without baking is a day without sunshine"
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post #30 of 79
Pictures are your best friend with wedding cakes. I set-up a small wedding cake with pillars. Took pictures of a perfect cake. Bride told me the top fell off the pillars. Asked her how, she stated that someone told her the top part was leaning. Asked her if anyone attempted to straighten it up, she said no.

Showed her pictures of the cake when I left, it was fine. She was even there when I set it up. I told her someone could have hit the table (there were several children running around while I was setting up) and caused the top to lean but could have easily been straigthened up.

I asked if they were able to have pictures made before it fell, she said yes. I asked to see pictures, she wouldn't show me. She said they were able to put the top back on and the backside was "smooched" abit. I offered to make the top cake again so they would have a perfect cake for the 1st year, she declined. Thank goodness that was the end of that.

So, please ask to see the proof before refunding.
I can do all things through Christ who strengthens me.

"Quality Cakes Aren't Cheap and Cheap Cakes Aren't Quality"

It's not "just cake!"
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I can do all things through Christ who strengthens me.

"Quality Cakes Aren't Cheap and Cheap Cakes Aren't Quality"

It's not "just cake!"
Reply
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