Post # 1
I have a delimma and I need help figuring this out.. I recently got married, hubby and I just came back from our honeymoon and we are stuck with this issue with one of the catering company from our wedding.
So here’s what happened, on the day of our wedding we contracted two caterers, the main catering company is associated with the Venue and the other is a Filipino catering company whome we ordered plenty of food for most of our guests and for cultural reasons… So on the day of our wedding the Main catering company was supposed to place the Filipino food on their own station for the guests, since we’re having a stationed dinner they didn’t need to serve it just accept it and transfer it to their shafing dish and place it on the station. However, an issue between two catering companies happened when the Filipino Catering delivered their food, from what I was told the driver was late and when the food was delivered it was in a regular van not in a catering company van. My main caterer checked the food temp and they were below the acceptable temp per the Health Dept., they said that the Pans that contained the food wasn’t hot but was instead warm. So due to fear of food poisoning my main caterer together with the owner of the venue turned down the food. I was not told about this until later, they turned them down because they didn’t want to risk any of my guests/or us getting food poisoning and then THEY will get a lawsuit which I completely understand. Now the Filipino caterer is sending me emails and telling me that they don’t think they are at fault after they “thought” the situation out and that they even waited for one in our party to come by the next day to pick up the food because they said they saved it for us and they still expect me to pay them the rest of the balance.
Now I was told that on the day of my wedding the Filipino Chef spoke to the owner of the venue and they agreed to give us back our downpayment for the their food that was not served because it wasn’t our fault and that they never met their part of the contract, then all of a sudden a few days after the wedding they sent me an email telling us when we would pick up the food and when we would send them the balance and never even mentioned the conversation that they had with the venue owner. I was flabergasted and was very upset, I sent them a lengthy reply and they responded with a detailed explanation of their side of the story which is a little too late but is insisting us to pay. I do not feel that I should pay them because none of their food was consumed and they took it all back plus we had already paid them a down! This stress is really not helping especially since we recently found out that we are expecting and are in the first trimester of pregnancy.
I don’t know what to do I feel like I want to take them to court but I don’t know how, or where to begin. If anybody has any experience with this please share your story or anybody who has some good advice we would appreciate it.
My husband and I feel like we were put in the middle of this he said/she said issue when on the day of our wedding we didn’t know about what happened until after the fact. We also feel that the Filipino caterer did a half job when they delivered the food, we were expecting them to at least be professional enough with how they do business especially since their food was pretty pricey. Anyhow, we are lost and need help cause at the rate we’re going right now my baby is the only one suffering with all the stress I’m in!
Thanks fellow Bees!
Many Thanks fellow Bees!
Post # 3
IMO, the Filipino caterer did not fulfill his part of the contract so you should be refunded your money. Whether you take him to court or not is up to you. I don’t know how much your down payment was, but it may cost MORE to go to court than to just leave it at a loss.
If he is insisting you pay the balance, I would get a statement from your main caterer saying the food was not up to the correct temp, and that it is not your fault the food was not served. Make copies, send one to Filipino caterer, and explain you will not pay. If he threatens to sue you, you might be better off contacting a lawyer.
Post # 4
First of all their behavior is outrageous. I think since you didn’t pay they have to take you to court and you should defend yourself. Ask the owner and the other food company to send you emails with the issues so you have it on file.
Email them back and tell them you will not paid the balence owned since it’s on it. Make it clear that the discussion is over and if they want to take to court then they can, so they can stop contacting you.
I’m guesing they would take you to small claims either way I pretty sure you don’t need a lawyer. There habits are horrible and juging by the fact that they asked you to pick up the food day after wedding, says a lot about their sanation and health habits. If they take you to court I don’t think they will win as they don’t have leg to stand on.
Post # 5
Agree with the othes, gather signed statements from your venue (all parties that spoke with, tested the food, etc.) and send them to the caterer & flat out tell them that they have two chocies: to stop contacting you, or take you to small claims court.
On the other hand, I think they owe you the deposit back because they did not fullfill the contract to deliver safe and well prepared food. I am one for justice, and would take them to small claims court demanding my deposit back.
Post # 6
i agree with pp. get all of the statements from everyone involved from the venue caterer claiming how the food was not to health code for service. save all of the emails from this other caterer wanting you to pick up the food days later.
i also think that they owe you your deposit back. was it a large deposit that you put down?
Post # 7
Get all your info and if your ok with possibly loosing the deposit let them make the next move of droping it or go to court in which you can then just counter for your deposit money. We were threatened by a lawsuit this fall to the point we went to the police because we were woried for our safety but the guy just dropped it.
Post # 8
Hi ladies and thanks for the info… right now all I have are email correspondents from the Main Caterer, the Owner of the place, and of course the Filipino Caterer. I can easily print them out if needed but are those enough as some form of evidence? The main caterer do have witneses and has been nice enough to answer all our questions. as for the down payment, well I think we gave them $500 down and the rest which is $840 is due on the day of the wedding.
My husband and I didn’t even asked for the downpayment back, and even my mom who put some in for that said that if they keep the down payment then it’s okay but we are not going to pay them the rest of the money. Then they started sending us emails, I asked them to call us instead so we can talk on the phone but they never called and would only communicate with us through email. But now since they are insisting us to pay the rest and we feel that we shouldn’t I decided to ask others opinion about the matter.
I have no problem if they do take us to court because I am confident we are not at fault and that we should not pay them anymore since no product was consumed or used etc. I just think that being in the middle of this and them contacting us like this borders harrasment especially after they had agreed to pay us back the downpayment in the first place.