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jenny Dec 6, 2005

Danni...I wouldn't be too sure yet...I would reply by saying that you feel sure she will be able to clear the debt in 7 days...and be nice, this time.
But.......if no money shows up within 7 days...send her a small claims demand via the courts (it's very cheap here..I wouldn't know about Australia but I'd guess you'd have the same thing in place)....that usually does the trick.

My husband has a roofing business so we often get this kind of thing...a letter from the court threatening action which will affect their credit rating usually works...that, or the threat that we might take their roof back!!!

Good luck!!

Jenny

Delartful Bears Dec 21, 2005

Hi Everyone,

Well, I STILL don't have payment for the bears.  I'm really now, at a loose end with what to do.

I got info from the small claims court.  It would cost about 2/3rds of what they owe me to take them court!!!   There is a chance they will have to pay those fees, but then, there's a large chance that I would have to. As the girl who was helping me on the phone, it's really more designed for people who need payment of over $1000

It's not worth the risk...

SO, what do I do now?? It's been over two months since I sent the bears, that means that they are 6 weeks late in paying.  I have tried phoning to talk to them, but they are always "not in today"

This makes me soooo mad... as I don't really know what else to do!!!

I have had emails about what's happening, so I thought I would write an update to let you know what's going on!

Last time I spoke to the owner,  she told me she would pay as soon as possible. I said "as soon as possible would be good" and she got very stropy with me!  Not that it has helped - that was over 1.5 weeks ago LOL

I guess I try phoning until I eventually get through to one of them, and get strong with them......

Thanks!
Danni

plushkinbear Dec 21, 2005

Oh, Danni.... :hug:

That's very bad I thought you aready got paid by NOW!!!   
I would go to court...     :doh:
But you know, we have a different methods of making people pay over here in Russia.....You know, mafia and stuff...    And usually it works even better then in courts..
But you live in a development country! so I would go to the court! 

Danni, I do hope you get at least yours..   :hug:

jazzyrags Dec 21, 2005

YES good luck danni

LynBlair Dec 21, 2005

Hi Danni,
Have you considered calling the police?  This woman has, quite literally, stolen your bears and I'm sure you can file a report.  I mean, it's worth a try, right?   You might be able to get your bears back and, of course, scare the bejeebers out of them.

Good luck hugs,
Lyn

jenny Dec 21, 2005

Danni...is this shop a long way from you...? I mean, could you go there..or send in a 'representative' to get your bears back? When I was a  rep for a hair product company, their policy was sometimes, as a last resort, that we would just 'call in' and ask for  the stuff back if there was no sign of them paying up.
Often the shop would be grateful as the debt was then written off ( a load off their mind) and we had our stock back...if they hadn't already used it.

If the bears are there (and you could get someone to email or phone pretending to be a customer enquiring)you could just go and get them back...or send someone ( if they are willing) in for the bears or the cash...(not a cheque at this stage,) or is it miles away from you?

Here in the UK it's very possible to get everywhere in a short time!!!

Can't you get the forms from the courts and send them anyway? They probably don't have to be filed by the court or stamped by them till you decide to go ahead with it. We have done that quite often in my husbands business...just fill out the court forms, photocopy it and send it to them with a letter syaing that if they haven't paid by this date ...say seven days hence...then you will be issuing this court summons. It's warning shot really and very often does the trick....no-one wants to go to court and often the threat of action will spur them into paying up.

Whatever you do I hope it works...I don't think the police would be interested as it's not really theft...you could threaten it though.....anything's worth a try at this stage.

Marie_ Dec 21, 2005

Oh Danni,
I'm so sorry to hear that...

I had a similar situation before and
mine was "net shop"and the owner of
net shop didn't pay for my bear for 5month.  I called her so many times and left massage to her answering machine but she never answer the phone and she changed her e-mail so I had no way to reach her. I knew her home address but she lives far away so I send her letter.  the she still did not pay it and I had to send her ::the Regal Letter::.  The Regal Latter is you write it when someone owe you money or owe something to you and if the person didn't reply to your regal letter or not paying the money, the letter will become evidence at court.  This letter does not have power to collect the money but has power to make the person feel un comfortable and "move that person" to take a action.  Do you have these letter in AU too ? no ?
How about asking an Lawyer to write a letter ? I know Letter is just a letter but I think letter from Lawyer will make the owner very un comfortable. In Japan, an Lawyer letter is 30.000yen($270AU) .
Regal letter is about 2000yen($18AU).

In my case, the owner sent me back
the bears soon as she received my
regal letter. but it took almost 1year to get back by bears...

I hope the shop owner will give your bear back or pay the money
as she promised to you.
Thank you for your up date and
please hung in there Danni !  :hug: 

PS...sorry for long post with my boo boo english.  :redface:
Hugs/Marie

fredbear Dec 21, 2005

Dani,
If your invoice stated 14 days for payment then the shop must pay, unless they made other arrangements with you.I would suggest that you either call and demand to speak to the mother, or get someone to phone as your accountant, and say that unless the account is paid within 48 hours it will be handed over for legal collection.

Next time if you get a shop order, it is better to ask for a 20% deposit, if it is a new client, state very clearly your terms and get them to sign an agreement and fax it back to you before they get the bears. We are all so excited to get a shop order, we offer a special discount,only sometimes to get a slap in the face.
Normally Bear people are good trustworthy people, unfortunately it is a big RAT RACE out in the world and people are not always honest.
Lynette

sewzanne Dec 21, 2005

Hi Danni, I'm sorry this happened to you. Lynette's idea sounds good: Have someone else- a name they don't recognize- call and say that they are your accountant or lawyer. they just shouldn't say your name until the owner (or her daughter) is actually on the phone. Good Luck-  Suzanne

matilda Dec 21, 2005

DANNI!!! I would put a notice in every pulication that you can find or better still give the story about this business to the local papers and tell the world that they wont pay you. How about going to' this day tonight 'and 'current affair' they just love this sort of stuff and think of the fantastic free publicity.!!!!!!!!!!!!!!!!!!I would sock it too them. They cant have you for slander because you are stateing the truth. Lets see this mother daughter ripoff merchants answer to the media with all of Australia to witness. AND I bet you arent the only artist they are playing this game with. I want to know who these people are. I want to know the name and address of their business. You do not owe them the curtesy of confidentiality. They have broken your contract. They have lied to you to get another extention for payment. They will not pay. You know that dont you? The best that you can get out of this is to ruin their little scam.  And as Goldie Hawn use to say "sock it to them baby"
And if you wont do it, I'll ring the TV stations with your story for you!!!!!!!! They will not get away with this.
I AM OUTRAGED BY THEIR AUDACITY!!!!! RUDDY MONGRELS!!!

Matilda has spoken!!!!!! :hug: I'm truely sorry Danni this is happening to you :hug:

jenny Dec 21, 2005

Nice as it would be to splatter their name all over as thieving non-payers...I think you'd have a hard time getting a reputable publication to run with it...they wouldn't want the risk of being sued...

I think you should let us know on here who they are so no-one else will deal with them. But you should definitely try the quasi-legal route...a letter of intent to start proceedings written by a solicitor would cost but maybe a good tactic depending how much they owe you...or write it yourself...there are good websites that can tell you what your rights are, and how to word these sort of things.

In the UK they passed a law which prohibits firms from with-holding payments owed to small businesses...You may find there are things like that in place in Australia too...so that they do fall foul of the law if they don't pay up sharpish. The trouble is they know that it is probably not worth you chasing them through the courts as it will cost you if you lose...but you should do the letter of intent regardless of whether you do or don't take'em to court....put the frighteners on them!!

I still think you should try to get your bears back by whatever means necessary!!

rufnut Dec 21, 2005

Where are they located Danni, maybe one of us can help you out? PM me if they are in Melbourne?

I would be very angry too. 
Sounds like they maybe having cashflow problems, normally happens when people won't pay up, you get every excuse in the world.

Sing out if we can help you. please

fredbear Dec 21, 2005

Dani,
If all else fails, try this, get a guy to call the shop, and say he has seen one of your bears, let him give a description of one of the bears and say how cute the little fellow is,then he must ask the price   and say, whoo that is a good price, and then say he would like to order 10 of these bears, when can he take delivery of them, as his company he giving them away as a promotion gift, and he will be wanting more bears in April.
I am sure if this happens she will sure call you,then get her to pay you first for what she has taken, telling her you will discuss future orders with her in a weeks time as you are going on holiday.
Your friend in the meantime can stall her, saying he will come in with a deposit etc etc.

fredbear Dec 21, 2005

humf, pushed the wrong thing, and submitted without ending.
Get MEAN AND EVEN.
Lynette

Delartful Bears Dec 22, 2005

Hi Everyone,

You are all so very lovely!!!  Well, I have some news, and not quite the news I wanted to share.  Yes, the dramatic saga continues!!

I was so excited this morning to find an envelope addressed to Delartful Bears. YES YES YES I thought, it HAS to be my cheque.  I open it up, it is INDEED my cheque.  Uh oh I say as I notice they've put the wrong name on it LOL

I said very clearly in my invoices make cheque payable to : bla bla bla.

LOL do you think they did that? Nope!  So, I phone the bank in a flap - nope, they won't let me bank it LOL

So, I've phoned the shop, spoke to the daughter, and told her her Mum got it wrong.  So, I told her very nicely, I need the money, so let's hope that they can do the right thing now, and send the cheque out quickly and not have me wait another 2 months for the money!

Danni

LynBlair Dec 22, 2005

SueAnn Help Advisor, Banner SponsorDec 22, 2005

Sheesh, Danni . . . I don't see how these people continue to stay in business.  I do hope you get your money SOON!!!!

plushkinbear Dec 22, 2005

 

That is exactly what I was going to say!!   :hug:

kathytaylor Dec 22, 2005

The good news is at least they sent a cheque. Maybe they will correct this problem quickly for you. Keeping my fingers crossed.  Keeping all good thoughts that this will turn out well, and you'll have your money soon.
This has been a good learning experience for the rest of us. i will definitely be requiring a deposit from shops before delivery. Every one at my work keeps urging me to try the shops here. We have several that carry bears.  I am a big chicken!!!
Kathy

rufnut Dec 23, 2005

Great News Danni, you have made some impact then, if the cheque is in your own name, I would have banked it and moved on, transferred the money over to your business account at another time.

matilda Dec 23, 2005

Sorry folks, but the good news isnt' getting the cheque'. Do you believe that the wrong name was an 'HONEST MISTAKE'  Of course not. I believe it was deliberate. Another way to prolong the payment which I sincerely believe will NOT be forthcoming. Sorry Danni. But this is what I truely believe.

Lynnette you have a devillish mind. Loved your Idea.   :twisted:

Danni you will now have to think about how to handle this Customer. Look through the phone book for the gov agency that deals with sort of stuff. Their is an agency. They are there to look after small business operators just like you. You can also get free legal advice as well. Lawyers do a certain amount of community service. The same again, phone book or ask around.

If this business is in Perth, I could do a Lynette for you. :twisted:
I still think the FREE PUBLICITY on the telly is the way to go.    

But dont worry I dont believe there is any one hanging at TT who would do anything with out your consent first.

All the best, Merry Xmas possum :hug:

psichick78 Dec 23, 2005

Oh Danni,

PS...sorry for long post with my boo boo english.  :redface:
Hugs/Marie

Oh Maire, your English is great!! You should hear my Japanese. Well, I can even say one word, but you get my point.

Danni, what a pain in the butt!! I do appreciate you sharing your story though. I'm sure many of us have learned from this........

Marie_ Dec 23, 2005

Hi Danni,
I just hope the owner of the shop will re-write your check before New Year !!!!  :pray:

Heather, thank you for encouraging  !  :hug: 

Bear Hugs/Marie

Winney Dec 23, 2005

If she sent a check with your name spelled wrong...here in the USA you can go ahead and sign the check EXACTLY as it is shown...

then you sign just  below that with your name correctly spelled....

CASH IT. But first write in ink in the lower left hand corner, " Pymt.for for Invoice #  ( whatever # it is) for # of artist ( bears ) shipped.

Do not deposit it...deposits are subject to bouncing, far as I know.... when you cash a check and it bounces it only costs the check writer  a

penalty fee, not your checking account . ( hey gals am I right on this part?)

So sorry you had to go thu this...  I have been there before too ,only on different merchandise than bears. And...it doesn't seem to matter

whether they have the money or not , many shops live on the 30 day net thing....others,  just plain  are bad bookkeepers and bad non

payers....and yes, some may be near to closing. I guess the only way to know if a shop is reputable is to check their reputable history....with

other artists. Too bad we don't have a list somewhere on who can be OK to deal with.

For me, I  work  on MY OWN TERMS...
I will never ship without payment and clearance of a check .
I take  a customers deposit before creating the bear / order...
I send photos..if they love the bear/s then they pay me the balance...that has to clear then I ship.
The only way they can get it faster is to send me a chashiers check or a money order. I dont do Paypal yet.

I never do consignment... did you know the item is not guaranteed to not get stolen,if it does... the shop may not be held liable ?...
If it isn't sold, it can get quite shop worn.... then no shop customer wants to pay for a soiled bear.
Who is going to pay for a return ship back to you for a soiled bear?

It only took one time for me to get burned on 2 bears for a customer...who had lots of money! Once they get the merchandise,
the " want factor"  is in their hands....so it is easy to just find another reason to use their money on something else they want...

.Not every one is like this but.....I don't have the money or time to risk it and go thru the pain and suffering part..it ruins my creative mood.
So....that's my story and I'm stickin to it !.....Winney

Estelle Dec 23, 2005

I hope I am wrong and this is genuine, but this unfortunately is a well known ploy as is putting two peoples cheques in each others envelopes forgetting to sign and dating the cheque with the wrong year. When I managed a business before i retired we got that sort of thing a lot. Don't let this go, you must push. I Don't know if you have such a thing as small claims court there, but if you do, threaten to take them to court, you Don't have to do it just let them think you will