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Post Info TOPIC: legal question


Hermes

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legal question
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long story short.... back from the wedding. went great, but my cateror is being an ass.


they served a table of 15 year old childrens meals, and didn't serve the kids. I am not paying adult prices for the kids meals- I want 8 meals deducted from the adult price since those were never served. (not to mention a million other headaches they gave me like throwing out the top tier of my cake and not serving the cookies- they ate them in the kitchen!).


well, for whatever reason, my credit card didn't go through. I think they punched it in wrong, but whatever. Of course I don't have my contract here so I have no idea, but they're saying that I must have given them the wrong number (they wont tell me what number they have) and they are calling their lawyer.


what do I do?



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Hermes

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Stand your ground.  Call your credit card company and see if there's any record of them attempting to charge your card, and verify that your available limit is sufficient to cover your catering bill.


I swear half the people in the wedding industry are in it solely to screw people over.  Run your number and come up with the exact dollar amount that should be taken off - DO NOT let them win!!!


Oh, and congratulations!  We want pictures missy (or shall I say Misses?)!!!



-- Edited by LMonet at 11:02, 2005-11-22

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Hermes

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ok this is ridiculous. I called the bank again just to make sure there were no problems. The first time I called, they said there was no attempt to withdraw the money. Now they say yes, and it was declines because it was over my daily spending limit (fogive me for thinking if there was enough cash in my checking account I could put it on my checkcard...).


Here's where it gets fun- they ran my card twice! The first time for over $500 more than they should have taken, and the second for some completely random amount that was less than we owe them. Bullshit, I tell you. So now I'm waiting for them to call back wit ha final dollar amount we can agree on (that does not involve charging me adult prices for kids meals...) and I am going to call the bank and authorize them to deduct exactly that amount and no more.  This is nuts. The entire wedding industry is a complete sham, I swear.


Karina, I'll post pics as soon as I get them!!



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Hermes

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RE: legal question (updated yet again)
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OMFG. sorry for all the ranting.


so I just found out (talking to my bank AGAIN) that they originally ran my card for almost $500 more than I authorized them too (the bill was x amount and they tried to take more). Then, then next day they ran it again for almost $1000 less (without ever even telling me that it didn't go through the first time). Now, they sent a new bill to adjust for the kids meals with a totally different amount- I call the bank to tell them to let that amount go through and... they try to run more again!! denied, obviously.


Are they allowed to keep running my card like that? What do I do? At this point, I do not want to pay a cent more than the lowest amount they tried to run. I am so freaking pissed and I don't trust them for a second. what do I do?!



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Hermes

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RE: legal question
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Will they accept a cashiers check?

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Hermes

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at this point, I don't even want to give them a check- they keep changing the amount that they are charging us! so what would I even make it out for? I'd mail them a check for the lowest they amount they tried to run, but i have a feeling I'd still be hearing from them after that. They're back in NY too and I'm back in DC now so that doesn't make any of this easier either.


I am so mad, and  frustrated, and I feel so helpless. I don't want to get in trouble for not honoring my end of the contract, but they aren't honoring theirs (they didn't provide the food they were supposed to!). I want to cry.



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Chanel

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So do they have ANY of your money yet? If not, tell the bank to not let any funds go to them. Figure out, on your own, how much you owe them based on your calculations. Write it up very clearly for them and send them a cashier's check based on the amount you think you owe them. If they have any other issues, tell them to have their lawyer contact you. (They'll back off and if they don't, a lawyer will be much more reasonable to talk to than it sounds like they're being.)


If you have paid them some amount but not all, do the exact same thing as above but subtract what you've already paid and give a check for the rest.


My coworker went through this exact same thing when she got married a year ago. It's what she did and it worked out fine.


Hope things work out!



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Hermes

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thanks blubirde. I already told the bank not to authorize anything from them. They don't have any money yet.


Should I keep a copy of the cashiers check or something like that for my records? I am really scared that if I do that, they're going to come after me for more...



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Hermes

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Yes!  Keep a copy of the cashier's check yourself, as well as your written out calculations.  I would also send it certified mail.  Document the date the check was sent, the date it was signed for/received as confirmed by your certified mail card, and when the check was cashed (cashiers checks come with tracking abilities, don't they?).  Maybe stating in your letter something like "By cashing this check XYZ company acknowledges that the amount is equal to that owed by ILoveChoo, as stated above in the itemization of costs.  Furthermore by cashing this check XYZ company also agrees that ILoveChoo is released from liability for any further charges for the services provided."


Definitely call them and calmly inform them of your course of action so they can expect the check, and don't go to some ridiculous measures thinking that your just not going to pay.



-- Edited by LMonet at 16:18, 2005-11-22

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Dooney & Bourke

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If you give them a check in the memo line write for full and final payment of the choo...


Make sure you agree on an amount and if they keep trying to run the card have your bank order you a replacement card with new #'s and cancel the old card when it comes. That way they cannot try in the future.



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Kate Spade

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YES whatever you do be sure to write on there "full and final payment"

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Kate Spade

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actually you should write it on the back right above where they endorse it, i think

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Gucci

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Even if you write full and final payment- that isn't the legal part of the check so it techinically doesn't mean anything.  If you write it on the back of the check then it is a conditionally agreement and most banks will not accept it.  I would write it on the memo line, but remember, just because you write that doesn't mean anything. 


I would also send them a copy of how you calculated what you owe them.  HTH.



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Hermes

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thanks for the advice girls. I *think* we finally worked it out. I am faxing them a copy of a check and sending it by certified mail tonight. The bank shut down my card because the guy ran it so many times and for such wack-y amounts that they thought it was fraud. So they are (or say they are) in agreement with me on the amount (I am being very generous with it too, but I am just tired of this and they already called their lawyer).  I can't wait til they cash it and this whole debacle is over!! 

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