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Taking Legal Action against a Non Payment for Cake Toppers

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  • Taking Legal Action against a Non Payment for Cake Toppers

    For the first time in 5 years I have a non payment for a pair of personalised wedding cake toppers!!

    I made a terrible mistake and posted out the toppers to a client I thought had paid and it turned out she had not. She emailed to say she had received the toppers and loved them and would be making payment the next day via a bank transfer.

    Four days later I contacted her to say no payment had been cleared as of yet and after a further 4 emails sent she did not contact me.

    I wrote her a letter stating that if I did not hear from her in the next 24 hours I would be taking legal action for the non payment of the toppers.

    Still no reply from her so I sent a letter recorded delivery stating I would prosecute within 10 days and still no reply from her! I know she received the letter as it was signed for.

    Today is the deadline and I will be taking legal action against her!

    I am amazed and angry that somebody has done this to me and could kick myself for making such a stupid mistake and sending them out!!

    Has anybody taken legal action against one of their clients?

    I will be doing it via moneyclaim.gov by the way at a cost of £25. The cost of which will be added to my claim.

    Pauline
    Personalised Wedding Cake Toppers

  • #2
    How nasty of her. I hope you get your money very soon and I hope having to pay the costs really upsets her!!!!
    Daesul

    http://www.clairemanwani.com
    http://www.folksy.com/shops/clairemanwani
    http://www.etsy.com/uk/shop/ClaireManwaniPottery

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    • #3
      Never had to take legal action, but just wanted to say I am sorry this happened to you...it's really soul destroying when people do this, and no matter how 'business-like' we try to approach it, it does seem to hit home on a personal level. I had a near miss when I sent goods out before collecting the payment from virtual terminal (which I use for credit card payments made over the phone) - when I tried to process the card details I got a bank denied code...tried quite a few times, emailed the gentleman concerned...no response, no payment - that was back in December so I tried again at the end of January (when I knew most people would be getting their pay)...this time it worked and I got my £58!

      Do you have her phone number? Often people respond very differently when they have to speak to you...

      Otherwise, good luck with the action - I understand it is very straightforward...
      for bath bomb, soap & Skincare kits
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      • #4
        Oh how awful Pauline. I would hate to be in that situation.
        Hope you eventually get what's due darl. xxx


        Folksy shop http://www.folksy.com/shops/Fairyweb

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        • #5
          Oh my, its done! I can't believe how easy it was to do over the internet! It cost me £25 to make the claim but I have added that on to the £125.00 she owes me.

          Why on earth do people do this! I worked on that topper for almost 10 days and did it exactly as she asked me to do it - she even stated she loved it.

          This is the actual toppers she commissioned me to make!


          Paul and Bally.JPG
          Last edited by [email protected]; 07-07-2011, 12:00 PM.
          Personalised Wedding Cake Toppers

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          • #6
            Very sorry to hear you had such hassle, but great that it was so quick to claim.

            I clicked on your attachment and the link does not seem to work.
            Annie

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            • #7
              Good for you for sticking to your guns and not letting her get away with it. I hope you get a speedy recovery of your money. And you've got email proof that she received the goods.

              I think we can all be a bit too trusting at times and assume everyone is as honest as we are............if only!
              Wid

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              • #8
                Thanks for letting me know the link did not work. hopefully it does now
                Personalised Wedding Cake Toppers

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                • #9
                  Ugh. Some people are horrible, but good for you for actually going through with what you said you would - I bet she was expecting you not to

                  I nearly had to do that to a so-called friend who let me down over payment for a commission; she coughed up after the threat, as it would have been in her business name, and therefore would have hit her business' credit rating. I don't have anything to do with her anymore.

                  Hope you get what you're owed very soon!

                  Sarah Gail Designs
                  Sarah Gail Designs on Facebook
                  Crafty Cat Events
                  Crafty Cat Events on Facebook

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                  • #10
                    Good for you Pauline never had to do for my own business but that was part o my job in a former life and agree it is easy. Did you claim interest? although not much you are entitled to it.

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                    • #11
                      If you know when & where the wedding is, tell her you will be arriving to remove your unpaid for goods in front of all the guests!!!

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                      • #12
                        How awful for you to have to do that. As has already been mentioned, many times threats of legal action are idle threats and therefore people choose to ride their luck - more fool them as this may affect their personal credit rating.

                        It would be difficult for her to say she never received the item or your communications regarding non-payment as you have proof of both. Hopefully this will teach these people a lesson that just because we are small businesses, we won't be screwed with!

                        Good luck getting your money soon and well done for not rolling over and taking it!
                        Ali x

                        Etsy Shop: aliscraftstudio.etsy.com
                        Facebook: AlisCraftStudio
                        Follow me on Twitter:
                        @AlisCraftStudio

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                        • #13
                          It's a shame when things go wrong. I took someone to County Court for bouncing a cheque for a test once, it worked over £50. I got to court and she didn't bother to turn up. I had a sleepless night before and she still hasn't paid to date but that must have been over 5yrs ago now. She had a CCJ made against her, the thing is I still see her in the shops sometimes and my stomach always turns over even now. I hope you get things sorted.
                          My blog http://setters-delight.blogspot.com

                          Folksy http://www.justgifts.folksy.com

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                          • #14
                            I haven't claimed for interest but I have claimed for the £25 in court costs and I wrote I would be doing so when I sent her the letter giving her 10 days to pay.

                            Pauline
                            Personalised Wedding Cake Toppers

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                            • #15
                              Some people amaze me! When you are in business for yourself you not only have to know your craft/trade, but all sorts of other things connected with finance, admin and legalities.

                              I do hope this is soon settled satisfactorily Pauline. It is most definitely something you could do without.

                              Linda

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