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Could it be that the bride thought you would not find out about the cancellation so soon?? Normally you don't. Could be that she was going to have a cake at her wedding and then later you would find out about the check. That is fraud. I would also think if they didn't have the money and you don't bring the cake, she will tell everyone that YOU didn't do what you were supposed to do! I would definitely let the venue know! There are laws in some states that make it illegal to stop payment after the fact for something you have contracted them to do. I would check if I were you.
oh my goodness!! if thats the case that is even MORE terrible!!! some people!! Good thing you have a friend that works at the bank!!!
Maybe the only way to do it is to cash each and every check at the bank of issuance to make sure you get paid.... sad
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I'd ask your friend at the bank to make copies of her stop payment for you so that you can document everything for a timeline 'cause it sounds like a blatant case of fraud to me, too!! Small claims court should be in your future and since she broke your contract first, I don't know how she could bad mouth you if her 6 tiered cake isn't at her reception!! SHEESH!
NO PAYMENT - NO CAKE!
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Since she has paid for half, I would cut the cake down the middle and deliver it to her. You pay for half, you get half. Have a happy marriage.
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I wouldn't tell the person that your friend at the bank called, because she shouldn't have done that.
This is a good point. Confidentiality rules for banks are serious business. I would definitely get copies of all the paperwork from the bank, but I would do it officially and leave your friend out of it. You certainly don't want to jeopardize her job because she was watching out for you.
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My god the nerve of some people....and it just seems like people are doing crap like this more often. Everyone believes they are entitled to something for nothing and feel no remorse for wrong doing anymore. What happened to having a conscience?
I'm persuing my license right now and honest to god, stories like this make me question if I should start my own business. Thank god you had a friend at the bank that was kind enough to tell you about the stop payment. I'm with pianocat, this sounds like this was planned.
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I woud not tell the woman about your friend calling, that could get your friend in a lot of trouble if the bank found out she did that. I really hate that this happened to you.
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I agree with taxlady1.
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or you could deliver the cake, then call the cops cause it would be theft of service and she would be arrested......But I don't know since you already know she stopped payment. But I would call the cops.
Just like if you go to a restaurant and eat then leave without paying.
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Can you say breach of contract and promissory estoppel, boys and girls? Sure you can!
I hope she enjoys being summoned to small claims for her wedding present. And dealing with guests who have no cake to eat.
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I'd like to clarify one thing I said-that" if she doesn't have a cake she'll tell everyone you didn't do what you were supposed to". What I meant by that is- that would be her explanation for having no cake. She will make it 'all about you.' Small claims court for sure.
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I wouldn't tell the person that your friend at the bank called, because she shouldn't have done that.
Why shouldn't she have done that? The bank has to alert you anyway. She just did so more quickly than usual because she knew about the situation. No one learned anything they weren't supposed to know about, after all. (Unless this isn't part of your friend's duties. Then it might be questionable.)
I agree: It wouldn't surprise me if this was premeditated. And isn't that sad?
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My bank called me when someone put a stop payment on a check. I think that for some banks at least that's normal business practice. It protects the customer who will have the amount of the check deducted from their balance, and prevents them from incurring overdraft fees.
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You have a breach of contract as was stated above. I would document everything.
I would also give her a change to pay by cash the amount owing for the cake so that you can get paid for all your work. If she is not willing to give you cash BEFORE you deliver the cake....then don't deliver. I wouldn't run the chance of taking the cake to the wedding and expecting payment at that time. It would be harder to take the cake away with a crying bride and angry parents.
Good luck and keep us posted. Maybe we should all take a lesson from this. No delivery of cake until the check clears.
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I am so with you on that one. I was thinking the same thing. I would also put a note on the plate that said "If you dont pay for your cake you dont get cake" NO CAKE FOR YOU!
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I 100% think this was premeditated. Why wouldn't she say something when she emailed last night or call and say something if she was going to be overdrawn and had to cancel payment because of that? I would not deliver that cake unless someone delivered cash to me by 2:00. Not even half of the cake because the deposit probably just covered your supplies! It is just unbelieveable that someone would do that. So sorry this happened to you!
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If she is not willing to give you cash BEFORE you deliver the cake....then don't deliver. I wouldn't run the chance of taking the cake to the wedding and expecting payment at that time. It would be harder to take the cake away with a crying bride and angry parents.
I totally agree....until she coughs up the cash, don't even load the cake into your car. Guranteed if you showed up with the cake and she had no cash in hand, she'd have a million teary-eyed excuses that may or maynot make you feel sorry for her.
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Wow...what a terrible thing! I have only done two weddings, and they were both on the smallish side-for 100. And I know how much time and money I put into both of those cakes! I will certainly be using a contract in the future for wedding cakes, but I can see even with that, you can get burned. I sure hope she coughs up the money. What a waste of your time and money! So sad. Good luck, and let us know what happens.
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I just ran into this thread, so forgive me if all is said and done already.
That close to the event day, I would have just cashed the check outright, instead of depositing it. That way, if there's an NSF or a stop, all the fees fall on the writer of the check, and it would not have any impact my account at all.
Theresa
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That sounds about right... wouldn't be suprised if the wedding got called off and they cancelled all of the checks that they have written out in the past week. It really stinks for them to have done that, but that is why I only accept cash as payment within 10 days of the wedding. Been burned too many times!
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Wow! Of all the nerve of some people!It screams premeditation! I can't wait to hear how this all ends up!
What type of contract does everyone here use? Is it something pre-printed? Or something that you make up on your own? I'd love to see one that maybe I could either use, or base my own on. So far I have been very lucky,and havn't gotten burned...yet. I'd like to prevent it if I can.
Thanks for your help!
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Ok, so i m new at this. First i would demand payment in cash like so many other talented, and lovely ppl said before me. Second, i would call my friend at the bank and find out if her telling me was going to get her in trouble, and ask if i was the only one who had a stop payment,if she said no, then i would ask her if she has called the other venders ect. and told them. You may not be the only one who has been hoodwinked. Then i would start gathering all paperwork i had for this event that had to do with me, call the venue where you were to deliver this cake to, and ask if they are having trouble with her also. They may not have a friend at the bank who can get them info like you. If they end up having trouble with her too, then i would get with the venue,go to small claims court and all gang up on her like white on rice, maybe shell learn, aint nothing free in this world, and when you are shady, what goes around comes around. Just cause shes a bride dont mean you get the world on your platter at your demand, tears or no tears! Sorry, i went a little long. Please dont be upset withme.
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Wow!! That is something. Im with everyone, no payment, NO CAKE!! What you might want to do, but more fast...is check with local churches or venues..see if anyone might need a cake...even if you sell it at 1/2 the price you get something, or even if u give it away, your satisfied that it didnt go to waste, maybe break it down, and sell as anniv. cakes...just ideas. and I would enclose a letter to the so called "bride" telling her since she breached on the contract, her cake was donated to some much needing person....then go kick her butt!!! lol, no, no, cant do that...lol
Now days where society has changed so much, people eating at the table in resturaunts with legs indian style, blowing noses, kids talking back, so much has changed there is NO RESPECT anywhere in society. Sad to say our world has changed.
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Oh thats a good oint, i was just thinking that, maybe the wedding did get called off, but i thought in those cases ppl still had to pay, or am i wrong, not sure how that goes. When i was getting married (then didnt) we hadn't gotten so far as to have anything deposited or finalized yet. What are the usuall procedures for that?
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