what are my rights.
Author
Discussion

simonNOSking

Original Poster:

141 posts

173 months

Thursday 17th May 2012
quotequote all
ok this will be moved to the appropriate place as i have no idea where it should be.
I ordered a birthday cake from a woman who makes them at home. I found her on facebook. the order was placed this was 6 weeks ago. 3 weeks ago she asked for a 60% deposit. Bit high i thought so told her i would pay cash on delivery. She wanted a deposit and communication broke down. I sent a email saying cake was no longer wanted. She has since email to day claiming she agreed to cash on delivery, and cake is now ready. I have no saved emails backing up my story so after some disagreement and her threatening to take me to a small claims court (no contract to make cake was ever signed)i agreed to pay for cake. Now she is refusing to deliver it, and if i dont pick it up she will bill me for it. By refusing to deliver is she not going back on the deal now.

Cunning Punt

486 posts

181 months

Thursday 17th May 2012
quotequote all
What a pavlova.


'punt

MX7

7,902 posts

202 months

Thursday 17th May 2012
quotequote all
Crumbs.

trickywoo

13,970 posts

258 months

Thursday 17th May 2012
quotequote all
How much and where?

simonNOSking

Original Poster:

141 posts

173 months

Thursday 17th May 2012
quotequote all
very good. but realy dont know what to do here

PaperCut

640 posts

175 months

Thursday 17th May 2012
quotequote all
Custard or STFU.

simonNOSking

Original Poster:

141 posts

173 months

Thursday 17th May 2012
quotequote all
trickywoo said:
How much and where?
cake is £60 and she stays 8miles from me.

McSam

6,753 posts

203 months

Thursday 17th May 2012
quotequote all
The time has come to ignore her.

For reference, this should probably be in the Lounge.

Jamie VTS

1,238 posts

175 months

Thursday 17th May 2012
quotequote all
I would have muffin more to do with her..!

Jasandjules

72,438 posts

257 months

Thursday 17th May 2012
quotequote all
simonNOSking said:
ok this will be moved to the appropriate place as i have no idea where it should be.
I ordered a birthday cake from a woman who makes them at home. I found her on facebook. the order was placed this was 6 weeks ago. 3 weeks ago she asked for a 60% deposit. Bit high i thought so told her i would pay cash on delivery. She wanted a deposit and communication broke down. I sent a email saying cake was no longer wanted. She has since email to day claiming she agreed to cash on delivery, and cake is now ready. I have no saved emails backing up my story so after some disagreement and her threatening to take me to a small claims court (no contract to make cake was ever signed)i agreed to pay for cake. Now she is refusing to deliver it, and if i dont pick it up she will bill me for it. By refusing to deliver is she not going back on the deal now.
What do you want to do?
What were the terms of the order?

ArsE92

21,328 posts

215 months

Thursday 17th May 2012
quotequote all
simonNOSking said:
trickywoo said:
How much and where?
cake is £60 and she stays 8miles from me.
Drive 8 miles, give her £60 and pick up cake. Drive 8 miles home. Eat cake.

Wake up tomorrow and you'll have forgotten all about it.

simonNOSking

Original Poster:

141 posts

173 months

Thursday 17th May 2012
quotequote all
it was all ordered over email. no contracts or fade to face discussions. She is quoting her term and conditions to me, but i never agreed or signed up to any of them.

Edited by simonNOSking on Thursday 17th May 15:34

Carparticus

1,038 posts

230 months

Thursday 17th May 2012
quotequote all
So, she's stopping you from having your cake and to eating it to.

That'll raise a laugh in the small claims court .. smile

playalistic

2,270 posts

192 months

Thursday 17th May 2012
quotequote all
You should have kept a log of all communication. She seems to be a bit of a sponge. Either way looks like you can't have your cake and eat it.

But the whole thing really does take the cake.

trickywoo

13,970 posts

258 months

Thursday 17th May 2012
quotequote all
ArsE92 said:
Drive 8 miles, give her £60 and pick up cake. Drive 8 miles home. Eat cake.

Wake up tomorrow and you'll have forgotten all about it.
Normally I'd agree with that but it's probably soaked in phlegm by now.

simonNOSking

Original Poster:

141 posts

173 months

Thursday 17th May 2012
quotequote all
trickywoo said:
ArsE92 said:
Drive 8 miles, give her £60 and pick up cake. Drive 8 miles home. Eat cake.

Wake up tomorrow and you'll have forgotten all about it.
Normally I'd agree with that but it's probably soaked in phlegm by now.
yes prob

300bhp/ton

41,030 posts

218 months

Thursday 17th May 2012
quotequote all
should have had your cake and eaten it...

Negative Creep

26,002 posts

255 months

Thursday 17th May 2012
quotequote all
The cake is a lie

mnkiboy

4,409 posts

194 months

Thursday 17th May 2012
quotequote all
Collect cake. Push it in her face. Take photo. Post on PH.

simonNOSking

Original Poster:

141 posts

173 months

Thursday 17th May 2012
quotequote all
mnkiboy said:
Collect cake. Push it in her face. Take photo. Post on PH.
is that not assault ? very tempting though