Just Need To Vent! Items Not Returned

Decorating By Mac Updated 23 Jul 2007 , 7:02am by CoutureCake

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Mac Posted 16 Jul 2007 , 5:44pm
post #1 of 29

This will probably be long but I needed to vent to other cake people.

Next door Neighbor had wedding reception on 7-7-07. I made her cake with 2 of my stainless steel cake supports inside (8" and 4"). Delivering other cakes, I called her and told her it was ready to pick up. Asked my DH to tell her about internal support.

When I got home, DH said neighbor asked about cake topper. I had told neighbor she could get that at Wal-mart when we discussed the cake. I asked if he told her about the internal supports and he said "No". I went right over to talk with her. Told her about the topper and even offered to go get it for her...she said "No, that was fine." I told her DH forgot to tell her about the returnable internal support system and I used that so cake would not shift in transport. Meanwhile, neighbor's son is clicking a box open and closed and neighbor had to get onto him twice. Assistant was with me and heard me tell her about the internal supports.

5 days after reception, neighbor came to \\me and said she was so embarrassed but she had paid for cake out of wrong account and the check was not good. So she gave me another check on her account and she would pay for any extra charges from my bank I then asked her about the internal support system and she said she didn't know that anything needed to be returned but she would check with sister--the reception was at her house. Neighbor did not get back with me. Called neighbor over the weekend and left message. Neighbor did not return call!

Called neighbor again today and left message. Telling her the price to replace the pieces with shipping and that I would need to know by 5:00 if I needed to order the pieces or was she able to find them. Neighbor calls and tells me that I did not tell her that anything needed to be returned and that we were BOTH at fault. She demanded to see the receipt for the pieces. I told her I haven't ordered them yet but would contact Arlene to see if I can just pick up pieces at the convention so there will be no shippping charges. She then continues to tell me that her BIL works with stainless steel and said that he didn't see anything that looked like it needed to be kept. COME ON--these were professionally finished pieces from www.wedingcakesupports.com

OK--I AM at fault b/c I didn't give her a list of things to return but I assumed (there's that word) after tellling her about them, there would not be a problem. ANd I also usually charge a deposit but again--neighbor next door??? I should be shot. Lesson learned--deposit for EVERYBODY!!!! Now, what do you cake people think I should do? Neighbor said that she sensed dissention between us and that I was making it seem like she did it on purpose. Replacement cost will be $60.00 PLUS the chargeback fee for the check. Should I collect for the internal support system or just forget it and never do another cake for her??? Told you this was long--thanks for letting me vent.!

28 replies
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kisha311 Posted 16 Jul 2007 , 5:53pm
post #2 of 29

Replacement fee, plus bank fees! I wouldn't tell her what was what, I would just give her the total in "fees" and let her know that I needed the money ASAP.

Good luck!

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lu9129 Posted 16 Jul 2007 , 5:55pm
post #3 of 29

Go half. Both were at fault. Then you don't have to worry about the neighbor relationship.

MHO

Lu

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Eggshells Posted 16 Jul 2007 , 5:56pm
post #4 of 29

Mac, sorry this happened to you.

1. I would talk to her again and tell her, here is the bill for everything ( including the return check fee). Just let her know that you are doing this to keep your own record keeping straight.

2. Tell her that is has NOTHING to do with your friendship, that you love her and since you're neighbors don't want to cause friction, but as you run a business.....it's not personal, you can even invite her over for coffee to tell her this in person and in a calm manner.

3. Write everything down on the bill, including that she needs to pay ( like) 15 days from the date of the bill, and also send her one in the mail return reciept requested. If she choses to ignore your bill, at least you have proof of your loss for your accountant.

4. if you want to keep the friendship, let it go, as you can take this as a loss in your income taxes, and since you are neighbors, bad blood between neighbors may create a stressful environment for you. and you never know what they may do to retaliate

5. NEVER AGAIN, family friend or foe ever NOT give a reciept that they must sign, slow down and take the time to get this done. It will save you countless hours of aggravation later on

6. Unless these people are people that you can count on having your back, you don't need to have them as friends! They can just be aquaintances.

If you are running a business, you have to take care of every little thing. Including giving yourself enough time at your deliveries to take care of silly things like paperwork.

NEVER, ever allow ANYONE talk for you...this is YOUR business and you need to take care of your business and people do have selective hearing!
******************************************

on all our paperwork and emails we have a statement :

"No order is considered complete unless we come to a meeting of the minds"

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mjpbmf Posted 16 Jul 2007 , 5:57pm
post #5 of 29
Quote:
Originally Posted by kisha311

Replacement fee, plus bank fees! I wouldn't tell her what was what, I would just give her the total in "fees" and let her know that I needed the money ASAP.

Good luck!




I totally agree. Come on people! didn't know anything needed to be returned???? Yep, next time best to get a deposit and everything in writing. Good luck!

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moralna Posted 16 Jul 2007 , 6:00pm
post #6 of 29

. . . I don't understand the problem. . . didn't you say your assistant was with you when you explained the support system to your neighbor - she is your witness. Collect the monies for all of the fees; it is not your fault she wrote you a check from the wrong accoung, so it is not your responsibility to bear the cost of the bank. I understand that this woman might have been a litle distracted what with all the wedding preps, but again, not your fault. Collect all of your monies due.

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JoanneK Posted 16 Jul 2007 , 6:02pm
post #7 of 29

Well I would tell her that yes there is upset going on. That you did tell her that the support was needed and you know for a fact you did because you checked with the gal that was with you. Letting her know there was a witness.

Let her know you are upset that she is trying to say you are fault and a liar on top of everything as you DID tell her it was to be returned.

I would tell her you are very upset over the bounced check. Since you knew her you felt there wouldn't be a problem by waiting until the cake was delievered to collect and now you have to deal with bank problems on top of everything else.

I would explain that you didn't charge the deposit fee because you trusted her and that everything would be returned in the same condition as you delivered it in.

Now you are having to deal with all this and you did was bake her a nice cake.

Don't be scared to explain what is really going on. Tell her. You can remain calm while you do it but tell her.

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harmonhouseofraymond Posted 16 Jul 2007 , 6:03pm
post #8 of 29

I feel for you. As I was reading this I was getting mad on your behalf. Her saying she felt the tension is rich. It sounds like you bent over for her and she is kicking you in the bum.

It's not your fault at all. You told her.

It sounds like no matter what you are not going to get another order from her and it doesn't sound like you would want an order from someone who passes bad checks! Present the bill for the replacement - done and done.

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moralna Posted 16 Jul 2007 , 6:11pm
post #9 of 29

. . .also, when explaining to her that your assistant also remembers your explaining the support system, mention the fact that maybe she doesn't remember because her son was distracting her with the clicking of the box. . .that will demonstrate to her that you were very much paying attention to all the details of that conversation. . .

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spongemomsweatpants Posted 16 Jul 2007 , 6:24pm
post #10 of 29

I am very sorry this happend to you. This is exactly why I do not use anything that must be returned to me. I will not do columned cakes, I will have no part of fountains or staircases or any of that. The only thing I will do is use my silver trays but I make them pay a deposit for the full price of the trays plus shipping before hand.
I must agree that becasue she is your neighbor, you might have to pick your battle wisely, it is unfortuante but you might have to write it off as a loss. I am so sorry she is being such a turd, that's not fun

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gateaux Posted 16 Jul 2007 , 6:30pm
post #11 of 29

Sorry this is a bad situation, I wish you the best in resolving this issue.

Quote:
Originally Posted by moralna

. . .also, when explaining to her that your assistant also remembers your explaining the support system, mention the fact that maybe she doesn't remember because her son was distracting her with the clicking of the box. . .that will demonstrate to her that you were very much paying attention to all the details of that conversation. . .




I agree with moralna above and also with eggshells - with the list of things to do.

Overall, it's too bad, but we have to protect our things. It's better to include a list of all the pieces that you need returned as well as taking a deposit. It's not a question of friendship it's a business deal.
I now have pictures of everything to do with my cakes, so if I ever lend anything to anyone, I show them what I need back specifically and I list it somewhere.

I like eggshells idea of writing it on the receipt and having them sign off. That way no problems later. We all have to protect our things.
Unfortunate but true. icon_mad.gif
Not everyone will take care of your items with the same care you do.
icon_rolleyes.gif

Good Luck. thumbs_up.gif

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step0nmi Posted 16 Jul 2007 , 6:33pm
post #12 of 29
Quote:
Originally Posted by moralna

. . .also, when explaining to her that your assistant also remembers your explaining the support system, mention the fact that maybe she doesn't remember because her son was distracting her with the clicking of the box. . .that will demonstrate to her that you were very much paying attention to all the details of that conversation. . .


Um, I disagree on this...You can explain to her that her assistant was there at the time and you made sure to confirm with her because she was a little distracted but, don't be specific with what it was. That might insult her and cause a whole another array of problems!

Explain this to her calmly and write her a bill for everything...the bounced check and the supplies. Tell her because it was not returned you would have to charge her as you would do any other customer but, that you didn't charge her a deposit because she was a neighbor/friend. The key words are "you would do the same for any other customer" she is no different and this should stop her argument.

Hope everything works out well!? Let us know what you decide to do and what happens!
StephyG

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jmt1714 Posted 16 Jul 2007 , 8:58pm
post #13 of 29

FYI - the assistant isn't really an independent witness, but it might nudge the neighbors memory to mention it

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Mac Posted 22 Jul 2007 , 3:19pm
post #14 of 29

Update:

DH says to drop it and never do another cake for her (like I needed to be persuaded on that one).

Neighbor has not even called or come by (walk across the front yards) to find out if I was able to get the pieces without shipping. They use to keep garage door up all the time, now when I am driving up at 5:30, I see the door coming down.

Have seen them walking 1 time and did not even wave. Oh well, I hope she will be satisfied with grocery store cakes...her loss, right? Well, technically, my $60.00 loss but in the long run...we know it will be hers.

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step0nmi Posted 22 Jul 2007 , 3:27pm
post #15 of 29

Wow, how silly! She could've just at least given you half even if you asked for it all and you probably could've said "I'll take that" and then it would've all been over. Dropping it is good but, it seems like SHE is not!

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mvhatteras Posted 22 Jul 2007 , 3:40pm
post #16 of 29
Quote:
Originally Posted by Mac



Neighbor calls and tells me that I did not tell her that anything needed to be returned and that we were BOTH at fault.





I am a bit confused by the statement that you neighbor made! If she claims you never told her that anything needed to be returned then why would she feel that you were both at fault. If I had purchased a cake and was never told to return a part why would I agree to being half at fault?

I think your neighbor knows very well that she is at fault - innocent people don't usually volunteer to share the guilt but guilty people always look for somebody to blame.

Maybe you could forget that she told you about the check not being any good and when it bounces have her charged with check kiting!! Maybe you could get on "The People's Court" icon_twisted.gif

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MosMom Posted 22 Jul 2007 , 3:46pm
post #17 of 29

She sounds like a flake with the whole bad check thing on top of this. I agree to go half though just to maintain the relationship.

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Kitagrl Posted 22 Jul 2007 , 3:47pm
post #18 of 29

I think I agree with dropping it and just learning from it. Anything that is not in writing is not enforceable. I've done 3D cakes before where I didn't realize the internal stand was going to be as expensive or difficult as it was... but since I hadn't prearranged return of the stand or a refund, I just ate the cost in with the price of the cake and didn't even attempt to get it back. People who buy wedding cakes usually aren't even the ones who cut them or pay any attention to the cutting, and things get thrown out all the time by clueless cutters. The only way you are ever going to get your stuff back is to have it in writing that basically the bride loses big bucks if she doesn't make sure her cutters save the stuff.

I hate that for you...but I just don't see this situation resolving itself...especially with someone so flighty that she can't even write a check from the right account (which I dunno about that, seems like a common excuse to cover for "I didn't have enough money in the bank" to me...)

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CarolAnn Posted 22 Jul 2007 , 3:54pm
post #19 of 29

Well this really stinks! In the first dang place how do you find stainless steel plates with little legs attached in a cake and not KNOW "uh I guess I should hold on to these". Geesh!! I guess I'd let it go now since she'll probably never admit she was wrong and pay up. I guess you chalk it up to experience this time. After talking to Earlene myself when I ordered my supports I'd bet she'll bring them to the convention. She's a dear one. So sorry this happened to you Mac. I hope the neighbor doesn't act like a child forever. It won't make being neighbors much fun. Gee I'm glad I live in the country and my neighbors are 1/4 mile away.

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OhMyGoodies Posted 22 Jul 2007 , 3:54pm
post #20 of 29

I would go ahead and cash the GOOD check at HER bank so YOU don't incure any fees... if you do that she will get the fees if it bounces icon_wink.gif

Also whatever fees you have already gotten due to the other check I would have the bank give you a statement with JUST her check and the bounce check fee due to her check one it (they can do that if you tell them it was a business transaction and need it as proof for the customer to pay the fees) and then submit a COPY of that as well as a copy of the receipt you've got for buying the originals or replacements and mail them certified return receipt needed and include a nice letter stating that payment for everything included is due and expected no later then xxxxxxx date and if she fails to resolve this matter your lawyer will have no choice but to file in small claims court for the money owed.

I know that's a big step you may not want to take with someone you live next door to but my bank charges $35.00 PER time the check bounces... they put it thru a maximum of three times... that's $105.~ for her stupidity......

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Kitagrl Posted 22 Jul 2007 , 3:56pm
post #21 of 29

My bank only charges $5 to process a bad check but I charge $25 to cover the pain in the rear it is to mess around with that junk.

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ChrisJ Posted 22 Jul 2007 , 4:09pm
post #22 of 29
Quote:
Originally Posted by Mac

Update:

DH says to drop it and never do another cake for her (like I needed to be persuaded on that one).

Neighbor has not even called or come by (walk across the front yards) to find out if I was able to get the pieces without shipping. They use to keep garage door up all the time, now when I am driving up at 5:30, I see the door coming down.

Have seen them walking 1 time and did not even wave. Oh well, I hope she will be satisfied with grocery store cakes...her loss, right? Well, technically, my $60.00 loss but in the long run...we know it will be hers.




Since it seems like your neighbor has already chose to end your friendly neighbor relationship, I would treat this as a business transaction. If you didn't have a contract, then you can't take her to court for not returning your support system, HOWEVER, you can take her to court for writing you a bad check and recover your returned check fees. It is also illegal to write a rubber check and you can file charges with the police department if she doesn't make it good. Watching her get taken away in handcuffs would be satisfying icon_twisted.gif Send her a certified letter demanding your returned check bank fees, give her 30 days to make it good, if she doesn't, then take it from there.

Your cakes are gorgeous and don't be surprised if she comes to you at a later date. I've had that happen!

Good luck.


Edited to add this link:

http://www.lawdog.com/states/tx/checks.htm

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goal4me Posted 22 Jul 2007 , 4:12pm
post #23 of 29

I am sorry for your loss...

I purchased these internal supports recently and used them on 7/7/7 for our daughters wedding. I was concerned that the catering staff may toss them and went over this with the head caterer onsite.

I would chalk your incident up to learning experience and never let any returnable go out without a refundable deposit that would cover the loss.

Not having it in writing....iI think puts the neighbor in a place where they are not liable. I wouldattempt to mend the neighbor relationship and possibly send her a note that doesn't keep her on the defensive....

she may be willing to offer you something but I don't see that you can require it. Take the momemtum to put your efforts into writing a good contract for future orders.

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Mac Posted 22 Jul 2007 , 4:21pm
post #24 of 29

As far as the neighbor thing--she ended it, not me. We were JUST neighbors, waving and occasionally talking.

And my bank only charged $3.00 for the check. I have already cashed her other check at her bank. I usually do this so I don't have the chargeback problem, but 7-7-07 was such a busy weekend. I didn't have time to run to every bank and besides, I usually have payment the week before.

I talked with Arlene Haas that designed and sells this system. I can purchase them and she will take to the convention so I won't have shipping charges. Everything works out, eventually.

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sarahnichole975 Posted 22 Jul 2007 , 4:21pm
post #25 of 29

This stinks! The point that stands out to me is that you made a special trip over there to tell her about the supports. Am I mistaken or wasn't that the entire purpose of the visit!?!

Perhaps when you get the new ones you could show them to her and her expert stainless worker so that they can see exactly what it was that was thrown out.

As for the bounced check. No matter WHAT, if it bounced you should charge a minimum of $25 fee. Most banks only charge you (the business) a few bucks for a returned check, but business charge the fee for the inconvenience of it and to deter people from continuously doing this. If she was being friendly about the matter, I'd say only charge whatever the bank charges you, but considering her attitude, screw it, charge the full fee!!!

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Mac Posted 22 Jul 2007 , 4:27pm
post #26 of 29

I would almost bet that the supports are at Brother's house. He probably thought "Gee, those would be good for something." Since he works with stainless steel. Or maybe he is thinking about trying to make and sell some. Whatever...I can lay my head down at night and ya know what??? I don't have to go to the grocery store to purchase a cake and in the words of Teri Hatcher on "Seinfeld"..."And they are spectacular!"

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CarolAnn Posted 22 Jul 2007 , 8:45pm
post #27 of 29

Mac, Glad to know it came out okay for you. I have the beginner set but haven't used them yet. Earlene is a gem!

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CarolAnn Posted 22 Jul 2007 , 8:46pm
post #28 of 29

Mac, Glad to know it came out okay for you. I have the beginner set but haven't used them yet. Earlene is a gem! And you lucky duck, you and Tina will get to see her in Omaha! Oh man!!!!!!!

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CoutureCake Posted 23 Jul 2007 , 7:02am
post #29 of 29

Here's your Win-win... You charge $30 for the "Bounced Check Fee" because you've put more than 2.25hrs of time into dealing with this along with the small fee your bank charged you for it. That way you cover two birds with one stone and in her mind it's just paying for the bounced check which the $30 is far cheaper than going to court for the bounced check, going to JAIL, or being put on probation/fined for it. That also covers half of the replacement cost on the stands.

Either way, you're busy for her future orders or you require a contract. And even if you're doing a cake for a friend in the future, get the deposit on the equipment or make sure at minimum you put the ugly sheet out on the cake table with what is to be returned and how to cut the thing. Sucks, but it's a cover thy buns, especially for the future.

See you at the Convention! (if only on Sunday!)

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