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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Cake maker refusing to make my cake!

250 replies

fartoobiled · 08/06/2022 20:22

Unless I pay £15 more than o originally agreed

I paid a £15 nonrefundable deposit and now she wants another £15 on top of the £50 I was due to pay for the Cake so a total of £80 instead of the £65 I was going to pay in total

Am I being unreasonable to think this is really unfair? She says this is due to the increase in cost of living for example petrol prices and the price of ingredients

Thing is though I paid the £15 which is nonrefundable. So if I don't pay the extra I lose my money

OP posts:
WeBuiltThisBuffetOnSausageRoll · 08/06/2022 22:15

I wouldn't agree to her making it for £65 now because I'd be worried she'd spit in the mixture or make it inedible!

Yes, unless you just roll over and pay it without a whimper, you really don't want her to make it now - there will be an actual turd in it. It's not a chocolate cake, is it?

She doesn't sound all that bright to me, really. I think she is clearly skilled at baking great cakes, but the business side probably just seems like a confusing necessary evil to her. Whilst she clearly is in the wrong, you may well find that any quoting of laws and threats of legal action will just soar right over her head. I'm guessing that she's squared it 'morally' in her own head - that she didn't really cost it up properly and if she doesn't now charge what she sees as an actual 'fair' price, you'll be deliberately taking advantage of her.

A lot of people are only able to see things from their own pov and genuinely struggle to reconcile their own needs and requirements with those of the other people in the transaction. At the other end of the cost spectrum, house sales seem to particularly unearth people like this, whether sellers or buyers: it really doesn't occur to them that other people can't just simply fit in with their own changing circumstances without any quibble or issue at all.

Bubblesandsqueak1 · 08/06/2022 22:15

I am a cake maker and the quote is the price you pay unless stated that it could change do not pay extra also state by law she has to refund the deposit because she has changed the terms of agreement I would never dream of taking a order and increasing the price by 25% when was the cake for

FreetheKhalo · 08/06/2022 22:19

The problem with agreeing to pay more - what if prices increase further before you get your cake and she then adds another £40 to the bill on top of the £15. Then all of a sudden the price of the box has gone up, so she adds another £10.

There was a well phrased message near the start of the thread that I would send.

GetThatHelmetOn · 08/06/2022 22:19

Look, you are right but is all this aggravation avoided by loosing £15 in principle rather than going through the hassle?

Whatever you do, don’t insist on getting the cake, if she is annoyed, nothing stops her from spitting on or else it while she is baking.

JudgeJ · 08/06/2022 22:19

fartoobiled · 08/06/2022 20:22

Unless I pay £15 more than o originally agreed

I paid a £15 nonrefundable deposit and now she wants another £15 on top of the £50 I was due to pay for the Cake so a total of £80 instead of the £65 I was going to pay in total

Am I being unreasonable to think this is really unfair? She says this is due to the increase in cost of living for example petrol prices and the price of ingredients

Thing is though I paid the £15 which is nonrefundable. So if I don't pay the extra I lose my money

That's a 23% increase which is crazy even with the current situation. Tell her you'll see her inj court and make sure that you let others know of her sharp practice.

jadeyxox · 08/06/2022 22:19

This is difficult because 100% YANBU but it's how far do you want to push it for the sake of £15 - you could take her to court but its a lot of time and effort!

TomRaider · 08/06/2022 22:21

We've bought three cakes, same size and style.

First baker we've used for years as she started and grew her kitchen table business last year was £40 (with some discount).

March it was £60 (sorry we can't discount any more)

For end of May it was £80 in icing and £65 in butter cream) we decided that was excessive a d looked elsewhere. Met a lovely young mum working from home with a 5* hygiene rating etc. She knocked out the same cake for £50.

She reckoned the ingredients for the cake have gone up about £2-3 at the most this year. But I was one of many people who had come to her after seeing £20-30 rises from their usual bakers. To be fair to the girl it was far better than the last cake we got.

Original baker called chasing the order, we told her we'd sourced it for £50. She gave an exasperated fine and hung up. (We'd not given any suggestion we'd be ordering just asked for a price and didn't mention a date)

As for the OPs post the baker is wrong, I'd saying thanks but no thanks. The price was agreed when the deposit was made, both parties entered into a contract, she's now requesting a variation that you don't agree too. Either the agreed price stands or she returns the deposit.

Someone mentioned small claims, having been on both sides of small claims court and moneyclaimonline. It is worth noting it is unusual for costs (including the initial fee) to be awarded to a claimant (I got costs once on a spurious ridiculous claim we was defending). So while you could claim the £15 and be pretty certain of winning the costs would likely exceed what you'd get back. (And in any event I'd expect her to capitulate at the first turn). It may be worth following the guidelines up to the point you have to pay (formal letters, warning of court action etc) to see if you can get her to roll.

Hopefully it won't come to this.

Viviennemary · 08/06/2022 22:26

Its nothing to do with whether or not £15 is a lot of money or not. The point is cake maker is running a business and agreed a price and took a deposit to confirm the transaction. Now she is changing the terms. Not on. OP is entitled to her deposit back as cake person not able to fulfil her obligations as per agreement.

Squiff70 · 08/06/2022 22:26

She is being unreasonable and should honor the cake at the price she quoted. I have a friend who makes and sells professional cakes as a business. She recently announced on SM that she's having to put her prices up BUT will honour existing orders at the price agreed at the time of booking. The price chances will only affect new orders which I think is completely fair.

Pumasonsatsumas · 08/06/2022 22:30

Threaten small claims court. I'm sure she'll see sense when she gets the form

OwlinaTree · 08/06/2022 22:32

groceries.asda.com/product/birthday-party-cakes/asda-chocolate-drip-celebration-cake/910002993790

Buy something like this from asda and cut your losses.

CuriousMama · 08/06/2022 22:37

I don't think I'd want that cake now.

AmaryIlis · 08/06/2022 22:40

Tell her that she entered into an enforceable contract to sell you the cake at £65. As she is now telling you that she proposes to break the contract, you will require the return of your deposit plus any extra you have to pay for buying the cake elsewhere. And that you will be suing for that plus interest and court costs through the small claims court.

Comefromaway · 08/06/2022 22:43

That’s not true about costs. If you take someone to small claims and win (I’ve done this a few times at work) you are awarded the fee you have to pay.

AmaryIlis · 08/06/2022 22:44

That's a 23% increase in two weeks, or well over 1000% annual increase. I know inflation is high, but it's not that high. Your mother and sister are being ridiculous suggesting that the cake maker is within her rights to charge that much.

AmaryIlis · 08/06/2022 22:47

Someone mentioned small claims, having been on both sides of small claims court and moneyclaimonline. It is worth noting it is unusual for costs (including the initial fee) to be awarded to a claimant (I got costs once on a spurious ridiculous claim we was defending). So while you could claim the £15 and be pretty certain of winning the costs would likely exceed what you'd get back. (And in any event I'd expect her to capitulate at the first turn). It may be worth following the guidelines up to the point you have to pay (formal letters, warning of court action etc) to see if you can get her to roll.

This is incorrect. You would not get legal costs, but you would get the court fee added to the judgment plus a fixed costs figure.

PoshHorseyBird · 08/06/2022 22:51

Of course she can't do that! Imagine if you went to buy a car for £2000, paid a deposit on it and when you went to collect it you were told it's now £3000 . Pay it or you lose your deposit! Pretty sure you'd end up in court! You agreed a price on a cake 2 weeks ago and a deposit was paid. Of course she can't suddenly up the price after the deposit was paid. Do you have any communication by email where you have in writing what the original agreement was? Or if you can't be hassled with this just tell her you will write her a review warning other people of her quite frankly dishonest actions!

Moomoola · 08/06/2022 22:56

Hello, don’t know if anyone else has mentioned calling consumer advice? I had a similar issue and as soon as I mentioned that I was so sorry but Id had to call cab. To make sure and unfortunately blah blah. They gave me a full refund super quick.

Cherrysoup · 08/06/2022 22:57

Blackmailing cow! I'd rather lose the initial £15.

FlippityFlapperty · 08/06/2022 23:00

She’s a CF. Demand a refund or tell her you’ll leave reviews. She’s earned your business under false pretences. A person can’t take a deposit for a fixed price job and then hold the deposit to ransom unless you cough up more. Otherwise every tradesperson would take deposits and then steal them if people didn’t pay any further demands!

fartoobiled · 08/06/2022 23:02

Yes, unless you just roll over and pay it without a whimper, you really don't want her to make it now - there will be an actual turd in it. It's not a chocolate cake, is it?

Have you been watching too much of
The Help'? Grin

OP posts:
FlippityFlapperty · 08/06/2022 23:03

Also, you aren’t cancelling your initial agreement. You are refusing to pay extra that you did not agree to AFTER paying your deposit. Not the same thing. She hasn’t got a leg to stand on. This is one story I do hope the Daily Mail picks up on!

fartoobiled · 08/06/2022 23:03

She's got back that she's in 'absolute tears as I've really messed with her books'

She has said she's willing to do it for the original price stated now. I've told her to keep her deposit, I've found someone else now

She ignored message. Job done

Thanks again Mumsnet Flowers

OP posts:
CuriousMama · 08/06/2022 23:06

Good for you. Emotional blackmail cheeky cow.

TheLette · 08/06/2022 23:07

There's some hilarious "legal advice" on this thread (I am a lawyer so I can know!). You can threaten her all you like with a court claim but are you really going to follow through bearing in mind the £35 court fee - ultimately you'd like get this back, when the court eventually looks at your claim but it just doesn't seem it for when the amounts at stake are less than £35.

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