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Would you have stopped payment? (vent) - Page 4  

post #46 of 177
10/2/09 at 3:06pm
Yeah...kind of like the title of the post, stop payment...heh heh. ((sigh)) TGIF.
post #47 of 177
10/2/09 at 3:07pm
You can probably take her to small claims court , and get restitition for the check and estra unpaid merchandise you might want to checkl with the other vendors to see if they were treated as shamefully as you. Remember she can only get away with this if you let her.
post #48 of 177
10/2/09 at 3:07pm
Quote:
Originally Posted by tonicake

My husband said not to worry about it, God always takes care of us and then those who do use wrong. It always comes back one way or another.




But sometimes He takes care of us by giving us the strength to stand up to a bully like this woman.

$100 is not enough. Did your bank charge you a fee when she did the stop payment? I know I've had someone write me a check before and it bounced, and then I got charged a fee from my bank, on top of what I didn't get from the check. I would file charges against her...you have the photo of the cake and your agreement with her, so clearly you delivered and she's trying to cheat you.

No matter what the cake had looked like, she would have found something to complain about to try to keep from paying. That's why you had to go looking for her to get the rest of the payment...she was going to dodge you and then when you asked for the rest of the money after the event, claim that she was unhappy with the cake and refuse to pay. Instead you were ready to take the cake back (good for you!) and she had to pay. You should call her bank and explain that one of their customers did that to you, and ask what the procedure is for you in that situation. They'll know who you should call. You can keep it simple when you talk to them...one of their customers paid you with a check, you delivered, they put a stop payment on the check.
post #49 of 177
10/2/09 at 3:19pm
I would put on my Financial Supervisor hat and start calling her at work. You gotta follow the law. You gotta be professional. Talk to her once a week. Call and only leave a message, you get to call back sooner. In the message, only leave your name, the name of your business and your phone number. Only talk to her, no one else about the reason for your call.

This is why I get phone numbers of everyone when I book a cake--mother's, fathers, chat people up find out where they work. That's worth a hundred times more than every additional page over the first one that we have in our contracts.

You legitimately, professionally call someone at work to collect on their shame--buddy you get some action. Might be negative but you're striking gold.

Once she or her work tells you she can't get calls due to work rules then you can't call her at work. You can still call her at home.

Look you wanna let her steal from you, that's your call for sure.
But this is as wrong as wrong can be.

I'll call her for yah! 10% fee.

Lurvely--you're so funny!!
 
 

 

 

 
 

 

 

post #50 of 177
10/2/09 at 3:20pm
Your cake is beautiful, and you have this wonderful picture as proof. In some states you can sue for 3 times the amount of the check for something like this. Look into all the legalities in your jurisdiction before taking action. Sometimes, knowing you could get more than the check amount will be enough inducement to get someone to cough up the money they should paid all along. Plus, she made it so much worse for herself by giving you a check (accepting the goods as they were), then stopping payment. If she truly had a problem, it was her obligation to state the problem when you delivered the cake. But I see nothing but a great cake.
"Be kinder than necessary, for everyone you meet is fighting some kind of battle."
"Be kinder than necessary, for everyone you meet is fighting some kind of battle."
post #51 of 177
10/2/09 at 3:24pm
what's that old saying...

the Lord helps them that help themselves!

----

this is NOT a time to wimp out and say "God will provide" --

He will not pay you check fees.

He will not pay for the cost of making the cake

She has flat out broken the commandment to NOT STEAL! --- you were robbed!

-----

Time to help yourself to a lawyer and haul this woman before the court!
Keep on cakin'!
Keep on cakin'!
post #52 of 177
10/2/09 at 3:33pm
Quote:
Originally Posted by LURVELY

Quote:
Originally Posted by K8memphis-

The stopped payment check is all she needs!



Oh oh oh icon_redface.gif ....duh, I forgot about that dang check. Yeah, NEVRMIND what I said, yeah, and any fees you feel are appropriate too.


thumbs_up.gifthumbs_up.gif
post #53 of 177
10/2/09 at 3:37pm
Quote:
Originally Posted by Doug

what's that old saying...

the Lord helps them that help themselves!

----

this is NOT a time to wimp out and say "God will provide" --

He will not pay you check fees.

He will not pay for the cost of making the cake

She has flat out broken the commandment to NOT STEAL! --- you were robbed!

-----

Time to help yourself to a lawyer and haul this woman before the court!



Exactly thumbs_up.gifthumbs_up.gifthumbs_up.gifthumbs_up.gif
post #54 of 177
10/2/09 at 3:47pm
Okay, I'm new here & not a Pro (baker, at least); however, I cannot stand by quietly any longer. $100!!!!!! She broke the law by stopping payment just as if she wrote a bad check & should be charged accordingly. I also would NEVER take a check from someone that stopped payment on a check!!! Also, once you accept any form of payment you cannot prosecute later b/c you settled. Before you cash the new check you should check into the legalities. I understand not wanting to make a fuss; however, I agree w/ all the CC's before me that is what contracts & photos are for. She should have rejected it upon delivery. I don't have a cake shop but we do make deliveries of custom furniture where I work & the customer ALWAYS signs the invoice upon delivery stating that they received it in good condition & as described in the original contract.

Okay, I'm stepping down off of my soap box now. I hope it all works out for you & GOOD LUCK in TULSA!!!!!
Every passing moment is another chance to turn it all around...
Every passing moment is another chance to turn it all around...
post #55 of 177
10/2/09 at 4:01pm
Is this for real? icon_confused.gif

At least call her bank and ask about the legalities of her stopped payment.
Why are fools and fanatics always so certain of themselves, but wiser people are full of doubts?
Why are fools and fanatics always so certain of themselves, but wiser people are full of doubts?
post #56 of 177
10/2/09 at 4:31pm
As we progressed thru our business growth and encountered various barriers, I'd say "God didn't let me get this far just so I could fall on my face now." Then a friend told me, "Yeah, but he's not going to do it FOR you either!"

That goes in my "things I'll never forget the rest of my life" file.
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post #57 of 177
10/2/09 at 4:37pm
First of all, I'm so sorry you had to learn this lesson in such an expensive way. I'm sure from now on you will take a 50% deposit at time of booking and then the rest at least two weeks before the event or they get no cake at all. BUT for this time I'm sure the whole thing stings. A blow to your wallet, to your business and to your ego.

I would, as stated by others, go after her for the amount of the cake, cupcakes, extras and all bank fees. If she will not communicate with you then you may have to end up dealing with her through court papers. I'm sure she'd rather pay you what she should have paid you than have to pay for all court costs on top. Make sure to document everything...make copies of the cake photos, contract, emails, anything you have from her or to her. Stay calm with all communication and always be "above board" and you will come out smelling like a rose while she'll come out smelling like the compost that her behaviour has so far shown her to be.

Cat
post #58 of 177
10/2/09 at 8:29pm
Man it takes all kinds. It's too bad you don't know who the other vendors for the wedding were, so you could contact them to see if she pulled any fishy stuff on them too.
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If you are a newbie you might want to check out
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post #59 of 177
10/2/09 at 8:39pm
As I read the OP I was ready to see an ugly cake....THAT cake is like flawless fondant work! I don't envy covering those hexagons! Gorgeous cake. What a thief! I hope you can get this resolved...I would yeah, think about calling the caterer and finding out if this happened to anyone else, or at least finding out if there were complaints about the cake.
post #60 of 177
10/4/09 at 2:53pm
She sould not have put a stop payment on the check. The edges of the cake are smooth and clean. The flowers are the decoration and the cake is the base. The cake still took a lot of work and for her order extra cupcakes and not pay for them is just wrong.
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