Hey everyone!

Well after all of your opinions and advice and the fact that the woman will not stop calling me, I have decided to give her a portion of her money back. I am typing up a "contract" i guess you can call it saying after she receives the money she will no longer persue anything further.

My pride honestly doesnt want to give her money back but teh part of me that wants this over with is fine with it. If she hadnt been so ugly about things this would have never been an issue.

There are several o fthe cake shops around here that wont even do wedding cakes anymore, at first I couldnt understand it now I have no question why! People can be so petty and malicious and it is so sad.

Thanks again to everyone yall have all be so supportive!!

Amber
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I can only imagine how much you don't want to refund any of the money ... she doesn't deserve it!!! That said, I think you are doing the right thing, and I especially think that the contract that you are creating is a GREAT idea. Hopefully once she signs that and gets whatever refund you're giving her, you'll NEVER hear from her again, and this will all just be a bad, but distant, memory for you. Keep creating your beautiful cakes!!!

There is absolutely no way I would give her a dime. The burden of proof is on her and it sounds like she doesn't have any proof. I would call her bluff on the lawsuit.

As for working legally out of your home, I bet I could be safe in saying that over 50% of the decorators on here that work out of their homes aren't legal. I have never actually met anyone that works out of their home that was doing it legally--either by being Health Dept. approved or by claiming their income on their taxes. I have seen my aunt make over 50 cakes a week in her home (she worked full time at a hospital) In her spare time and never turned in a dime and was never legal. She did this for 30 years.

This woman sounds like a real B**** and it wouldn't take me long to tell her so. But then, I'm known for being pretty outspoken when I think I'm right.

Diane

Amber, you make sure she signs her REAL name!!! Check her drivers license to make sure she uses her legal name! She is one reason why MIL's get such a bad rap!

Amber I think you're doing the right thing! And don't worry about your pride, it's just a superficial wound and in a short time you'll realize that you were the bigger person in this, which should in itelf boost your pride.

Good luck and let us know what happens next!

ok i know u ladies will be mad at me when i say this but if the cake was all over the floor or it tiped over my mom would have called u right away i think the lady is a cheap o and just want her money back. I think if they ate it then she doesnt deserve her money back, on jugde judy there was a women suing the baker for a wedding cake cause it wasnt how she wanted it and jugde said did u eat it and they said yes did u call the baker and told her asap that wasnt how the cake i wanted was and they said no and she SAID CASE CLOSE THEY HAD TO PAY THE COURT FEES AND EVERYTHING FOR THE BAKER! I BELIEVE IN BEING FAIR AND THIS LADY IS JUST BEING A CHEAP - O i would not give her money back at ALL. and i dont care if anyone gets mad with my 2 cents.
Oh and by the way the cake is sooooooooo beautiful!

Jessica

I am sorry to hear about your troubles with the MIL from you know where! But maybe you can take something positive out of the whole experience. You now know how to protect yourself in the future from situations like this one. You will be smarter in the future and that you cannot put a price on. Good luck, your cakes are beautiful.

just b/c this woman is being such an awful person - you might want to consider having a lawyer look over your "contract" so that she can't pull some kind of loop hole or anything - also, if you can have someone there as a "witness" sign it as well that would be a good idea....... and then make sure you BOTH have copies of the contract......

Good luck this is such an awful horrible experience and I wish you all the best and that you NEVER have to deal with such an awful person again!

Amber, I think you should make sure to put in this "contract" that you are going to ask her to sign, something to the effect that you are not admitting to any wrong-doing. I would be afraid that she might get some money back from you and then decide that she can use that in court to get even more money. Maybe you could word it in such a way as to not "libel" yourself. I'm not sure just HOW it should be worded, just thinking out loud here. Maybe somebody else here has some suggestions? Good luck to you.


Marilyn

You have all been so great and supportive! Thanks so much, you really have no idea how much it means to me!!

Amber, I am so sorry this is happening to you. This right here is the reason I don't do 'paid' cakes. Usually, my cakes are gifts for the occasion, or if it's a big cake, like a wedding cake, I only ask for cost of the ingredients. Honestly, I can't imagine dealing with people like this, even if it's only 1 out of every 100 customers! Anyway, your cakes are great and I hope everything turns out well for you!

Amber - I'm getting in on this late - but I wanted to share some advice, even though you've already gotten a lot.

Your idea of the contract is fine - but I don't think you need it. You do, however, need to send her a small refund, and a letter to go with it stating that in the spirit of keeping a good baker/client relationship, you are offering her a refund of, say, $20, (whatever) as a goodwill offer.

Do NOT under any circumstances admit ANY fault. Instead, send a copy of the photo you have of the cake where it is the straightest - and show her that when you left - it was fine and that you feel you did the job you were hired to do. Tell you you consider the money and your letter as a final resolution to the problem. Make the letter very nice - but do NOT concede.

Keep a copy of the letter for yourself and document the date you sent it.

If she cashes the check you sent her - you're home free. You don't need her to sign anything - it is evidence that she accepted your offer of resolution.

Now, if she later sues, it will be in Small Claims court - which means NO lawyers, juries, etc. Only a judge will hear the case - and if you are served - meaning she did sue - your canceled check will be proof that she accepted your offer.

You could counter-sue at that point. You could sue for defamation of character - especially if you can find someone who she trashed you to.

A counter-suit for damages in excess of what she is suiing you for - will probably get her to back down.

I've been in Civil suits - never over cakes - but go ahead and get licensed in the meantime, do whatever the minimum is to be qualified.

With the photo you took of your cake - I can see you winning a lawsuit - but it would be stressful. A judge isn't going to enforce Health Department rules, but it could figure in his decision IF the woman brings it up. She may not know about it, though,so don't share that info.

Good luck.

Ok, you've already gotten alot of great advice and decided what you are doing, but I can't read 5 pages of a thread and not post...

I think your cake was beautiful and I couldn't really tell it was leaning.
I do think you are doing the right thing, and I think she is horrible!!

Funnycakes' advice is spot-on, from a legal perspective. A letter as she stated admitting no wrong, explaining that the refund is final resolution of any outstanding claims and full settlement of the issues between you with respect the wedding is a settlement offer, and if she cashes the check, she is legally deemed to have accepted your offer and terms. You SHOULD mail the letter return receipt requested, or certified mail, to have further proof of delivery. If she later tries to sue, you can present proof of delivery of the letter, and the cancelled check, and then enforce the agreement. You do also have then have grounds for your additional claims of disparagement, however in many states, your failure to be legally licensed to do business might count against your claims (and in fact, could be enough to completely zero out any judgment in your favor). It might never get that far in a judicial determination - simply filing that counter-claim and asserting your defenses might be enough to make her go away if she ever actually sued.

Gosh, Amber-

I sure hope things have gotten better! That kind of stress is toooo much for anyone to have to deal with. The MOB must be a real nasty lady.

Before I started doing wedding cakes, my sister was married and ordered a cake with light blue buttercream ribbons. The cake arrived with very bright blue ribbons - and the ribbons were messy. She was so upset, but after the honeymoon and 28 years of marriage it is just a funny story.

I have done approximately 50 wedding cakes - but all for family and friends, and almost all of them at cost, or as a gift. I haven't had that kind of stress. It was enough stress just to get the cake finished an delivered.

A few weeks ago I decided that, now that I have retired from the hectic business world, I might do a few wedding cakes for fun money. After reading this and other horror stories, I think I'll just do them for fun and as gifts. I retired to get away from the stress!

I hope things get resolved and everyone can be happy!

Hello, I just read down the first page & saw where mother of the bride threatened you with a lawyer. First of all, NO lawyer is going to take on a "cake" case. This lady may attempt to take you to small claims court or Judge Judy!

That wedding cake is absolutely beautiful, & unless I'm blind, I could not see where it was even leaning.

This woman is obviously a lying bully & out to screw people to save a buck. I wouldn't deal with the mother at all. If you want to make an arrangement of some sort with the bride, then deal with the bride if at all possible.

You do great work my dear!
Leisa

Did you ever get a picture of the cake in it's 'post disaster state'?

She is a : Liar Liar pants on fire !!!

She is trying to scare you with her attorney crap.
what does the bride say about all this harassment by her MIL ?
Does she (bride) think it is as bad as her MIL say it is ?

I will just ignore her. 8)

Sorry for all your troubles but it sounds like you are doing the right thing. First thing I always say when people tell me they are going to sue or whatever is tell them I will give them the name of my lawyer and they can have their lawyer call mine.

That usually ends it. (of course you need to know a lawyer's name to give them)