Wild'n Out

Niceties Averted

Much has been make of the seeming breakdown of the fabric of society during Covid. Shootings, robberies, homicides, domestic violence, road rage, flight rage, etc. If morality is more like a language, and less like an inherent biological code, we seem to building a Tower of Babel. I have had numerous testy exchanges with customers, vendors, and staff over the years, but nothing quite prepared me for this deranged coffeeshop owner from Raleigh who ceased doing business with us and then refused to pay his remaining bills.

Go into your average food service establishment today, and you see chaos and dysfunction. Hiring, retaining, training, and supervising workers has all become exponentially harder. Is it because of the Great Resignation? Is it because workers are now paid more and have more power? Is it because our cell phones and social media have made us both productive and distracted to the point of schizophrenia? I'm not exactly sure. But a brief look into this conversation will convince you that we live in a scary society that is capitalism on hyperdrive. The toughest moments for me are when we have a wholesale customer that has clearly lost touch. I tried to reason with them, but this one really hurt and stuck out in my mind as emblematic of this period in time. I was really shook. I post here for future researchers and historians of the 20's. A is the owner of the Raleigh cafe, and R is his wife and co-owner.

On March 20, 2022 at 9:36:22 PM EDT, Ninth Street Bakery <info@ninthstbakery.com> wrote:

Good evening,

We've attempted to run your card on file, but it was declined. Please call us with updated payment information at your earliest convenience. Thank you for your business! 

- S

On Sun, Mar 20, 2022 at 10:23 PM  A wrote:

S,

I’m looking at these charges and I have to say, I understand my responsibility to you and keeping track of our bills but I would have been extremely shocked and upset had I seen a charge for $3000 that I wasn’t expecting coming from my bank account. I will pay what’s owed but I will not be paying it in one lump sum. Please send me an invoice and remove my card that you have on file.  

Best,

A

On Mar 27, 2022 at 9:35 AM, <Ninth Street Bakery> wrote:

HI A - 

I apologize - we should have identified this problem in January when the card was first declined. I will speak with our bookkeeper about her error.

Please feel free to pay by mailed check at your convenience, or we can break down the credit card runs on a schedule as it befits you.

Sorry again.

Best,

Ari Berenbaum

Owner

Ninth Street Bakery

On Sun, Mar 27, 2022 at 2:23 PM A wrote:

Thank you Ari,

I wasn’t aware my card declined in January… it shouldn’t have. Maybe I missed the email or my wife opened it and I didn’t see it. I do apologize for that. 

I spoke with my bank and they actually stopped this payment and flagged it as fraud because of the amount. 

Best,

A - Owner

On Sun, Mar 27, 2022 at 3:03 PM Ninth Street Bakery <info@ninthstbakery.com> wrote:

Ok, thanks for letting us know.

Ari

On Mon, Apr 4, 2022 at 10:50 PM Ninth Street Bakery <info@ninthstbakery.com> wrote:

Hi there, 

Just checking in to see if payment has been mailed in any form as of today? Please let us know. I've reattached a statement here. 

Thank you kindly, 

- S

On Sun, Apr 10, 2022 at 2:48 PM Ninth Street Bakery <info@ninthstbakery.com> wrote:

Hello, 

Just following up on this. Thanks!

- S

On Apr 10, 2022, at 8:26 PM, Ninth Street Bakery <info@ninthstbakery.com> wrote:

Hi - I believe J got new card info over the phone?

Thanks,

Ari

On Sun, Apr 10, 2022 at 8:46 PM A wrote:

We told josh we would send a check

On Apr 11, 2022, at 7:02 AM, Ninth Street Bakery <info@ninthstbakery.com> wrote:

Ok, thanks.

Ari

On Wed, Apr 13, 2022 at 2:27 PM R wrote:

Hey ari,

At this time we are partnering with a different bakery. If you can send the total of all the invoices we will be send check to pay off the balance. Thank you so much!

R

On Wed, Apr 13, 2022 at 2:44 PM Ninth Street Bakery <info@ninthstbakery.com> wrote:

Hi Robyn - I'm sorry to hear that. Was there an issue with the product or service? May I ask who you decided to go with? I tried calling, but no one picked up.  Feel free to call if that's easier. I have cancelled your standard orders. Your outstanding total is $4212.24.

Thanks,

Ari

919.688.5606

On Tue, Apr 19, 2022 at 5:24 PM Ninth Street Bakery <info@ninthstbakery.com> wrote:

Hi R and A - can you pls send the check number of the check that was sent? I haven't received it yet.

Thanks!

Ari

On Apr 20, 2022 at 10:25 PM, <Ninth Street Bakery> wrote:

Good evening, 

We've charged your card on file in the following amount. Thank you for your business!

- S

			Type	Date	Num	Memo	Due Date	Open Balance
			Invoice	01/11/2022	594920		01/26/2022	129.14
			Invoice	01/15/2022	595120		01/30/2022	142.98
			Invoice	01/15/2022	596044		01/30/2022	142.98
			Invoice	01/18/2022	596159		02/02/2022	142.98
			Invoice	01/22/2022	596332		02/06/2022	142.98
			Invoice	01/25/2022	596449		02/09/2022	145.52
			Invoice	01/29/2022	596620		02/13/2022	145.52
			Invoice	02/01/2022	596738		02/16/2022	145.52
			Invoice	02/05/2022	596921		02/20/2022	145.52
			Invoice	02/08/2022	597043		02/23/2022	145.52
			Invoice	02/12/2022	597225		02/27/2022	145.52
			Invoice	02/15/2022	597354		03/02/2022	145.52
			Invoice	02/19/2022	597532		03/06/2022	145.52
			Invoice	02/22/2022	597660		03/09/2022	145.52
			Invoice	02/26/2022	597839		03/13/2022	145.52
	Total							2,156.26
TOTAL								2,156.26

On Wed, Apr 20, 2022 at 10:41 PM A wrote:

You’re kidding right? I asked you to remove that card, I expect a refund immediately. I told you we’d be mailing a check. You had no problem taking four months to charge me but decided when we no longer wanted to work with you that you required payment immediately? I am absolutely appalled at the way you believe business is supposed to be done. I demanded the card to be removed and not to be charged by you. 

Best,

A - Owner

On Apr 20, 2022 at 10:48 PM, <Ninth Street Bakery> wrote:

Oh my gosh I am so sorry!!!! I am so sorry. I can reverse it immediately. I had you on my usual biweekly list, and haven't updated it since i got covid. Honestly, a serious mistake. 

I'm so sorry, reversing right now. 

Please don't let this be a reflection on Ninth Street Bakery, but myself directly. I'm happy to call and apologize directly. 

Very deeply embarrassed and regretful,

-S

On Wed, Apr 20, 2022 at 10:57 PM A wrote:

S,

I can appreciate that mistakes get made and I can appreciate that things slip through the cracks. I apologize for my tone and attitude but this hasn’t been an isolated incident. This has happened several times. I appreciate your apology and I can easily forgive the mistake. We’re all human. That’s something I don’t take lightly and I don’t believe anybody is above mistakes or failures. So thank you for the apology. 

Please understand, this is my payroll week again, so that $2100 is a large amount on top of my $12000 payroll. It’s a big deal and I take my employees and the fact that I’m responsible for them and the dependency they have for this check every two weeks. It’s the most important job I have as a business owner. So being surprised by things like this isn’t something that I won’t take seriously as well. 

Again, I apologize for the tone -everything is fine as long as I receive a receipt for the reversal. All is forgiven and I hope this is the last time we have to interact negatively. I really mean this when I say, I don’t enjoy negative interactions. No one does. Thank you for responding so quickly. 

Best,

A - Owner

On Apr 21, 2022 at 7:50 AM, <Ninth Street Bakery> wrote:

Hi A - 

Sorry about the mixup. Unfortunately, we do require our payments on a net 14 basis, and your account is now 55+ days past due. As I'm sure you know, many businesses are struggling now with increased payrolls and highly inflated ingredient and supply costs, including our own. 

I requested a check number of your final mailed payment two days ago, and have not heard back. Please let me know what that check number is, or if you would like to set up a payment plan over the next 30 days. Given the current business climate, I think that amount of net time is more than generous for you. Thank you for your business.

Best,

Ari Berenbaum

Owner 

Ninth Street Bakery

On Thu, Apr 21, 2022 at 3:58 PM A wrote:

You must be joking ari. 

You guys didn’t charge me for four months and then tried to run a $3000 dollar charge all at once for those four months. This issue never would have arisen if you charged me on a net 14 basis to begin with. It’s absolutely ludicrous for someone to tell Me they are struggling as a business and then wait four months to charge me with a card they had on file and then act as if it’s my fault.

 I gave that card voluntarily to be charged weekly. I have emails with proof that this isn’t the first instance of the charges being sporadically charged. Then I ask you to remove our card, we are told

It’s removed, and you charge us anyway. 

So now you’ve lied multiple times and you think your business is struggling because of me? You’ll receive your check, but if my card is charged again, I’m going to take legal action. At that point you are stealing.

I asked my card to be removed and it needs to be removed. Period. It will not be charged again and I will pay you as I can -because businesses are struggling as you know. You’ve made it perfectly clear how  aware and sympathetic you are to struggling businesses. 

Also, the idea that you think it’s ok not to charge me for four months then demand payment within 30 days is ridiculous. How about you send me to collections instead ari. I’ll work out a payment plan with them instead if you prefer. You get four months to decide when to charge me but I get 30

Days? 

My payment is passed due because of you. Your business had my card on file, and didn’t charge me for the entire year of 2022 and then when we asked why, we just got told that S forgot and it would be charged any day. It never was and then I got charged a very large amount during a payroll week. 

I would have loved to pay weekly or bi weekly. That’s why I gave a card. I gave a card so I’d never be late or have to worry, but again, due to your incompetence and disorganized business practices, this isn’t the first time, and you are now making me responsible for your irresponsibility? No. 

DO NOT CHARGE MY CARD AGAIN. I DO NOT GIVE PERMISSION OR CONSENT FOR MY CARD TO BE USED IN ANY WAY AS PAYMENT. S said my card info was deleted and I expect that to be true. 

Best,

A - Owner

On Apr 21, 2022 at 4:15 PM, <Ninth Street Bakery> wrote:

Hi A - 

Again, I apologize for any inconvenience, but that is our policy. Your email was very rude. We have tried to be professional in this circumstance, S has apologized multiple times for her error, and I back her up on that. I am asking the same professionalism of you. If you do not intend to pay us, that is really a hard thing to swallow from one business owner to another, but it would not be the first time. We are just asking for transparency here, and hoping that you are able to find a means to satisfy your obligation. 

I really do dislike going back and forth over email, so if you would like to schedule a call so we can sort this out, that would be preferred.

Also, in case you do find funds in the future, we are fundraising for our Durham Neighbors project, a microdonation UBI that assists 125 low-income Durhamite families every month through a direct Cashapp payment. We'd love for the Optimist to be a business partner in this if you should ever choose to do so. Here is the Indyweek article written about us, and me as well: https://indyweek.com/food-and-drink/features/durham-neighbors-program/. 

I found in my thirteen years baking professionally that money will come and go, but compassion and kindness will always reap rewards.

Thanks,

Ari Berenbaum

On Thu, Apr 21, 2022 at 8:16 PM A wrote:

Ari,

At this point I’m beyond words. Your gaslighting and lack of personal accountability are disgusting and shocking. If this was your policy I’m not really sure why you yourselves never followed it. this has happened several times. I’m not sure why our payment slipped through so many of your businesses cracks. Odd. One time is a mistake, multiple times over the course of a year is a pattern. I accept S’s multiple apologiesand (again proving this has not been an isolated circumstance) I appreciate that every one makes mistakes, but you as the business owner are responsible and liable for all of those as the leader, and your leadership is severely lacking if no one is following your policies. I won’t be discussing this over the phone. I would love to have record of every time we speak from here forward, as you seem to completely disregard the idea that your business has any culpability. We won’t be doing anything not in writing ari. You are not a trustworthy business and I’d to keep very good records from here forward. 

Best,

A - Owner

On Apr 23, 2022 at 8:31 PM, <Ninth Street Bakery> wrote:

A,

I’m really sorry, I know this is a difficult time for all small business owners and I wasn’t trying to diminish the impact of this billing error. I sincerely apologize and I have made changes to ensure that your credit card information has been deleted and that this will not happen again. We hope to work again with you in the future.

Ari

On Sat, Apr 23, 2022 at 8:37 PM A wrote:

I appreciate the apology ari and the argument was never if I owed the money, it was more so that your very policy wasn’t followed and we were charged a large sum all at once. That’s all. It wasn’t ever a dispute of weather it was owed or not. I value honesty and kindness quite a lot but I also don’t like $3000-$4000 surprises as I’m sure most people don’t. I appreciate your apology and you deleting our info. I will absolutely settle my debt with you as this was a service that you guys did provide and we did sell these pastries. Again, I was not disputing that. I apologize for my tone and for becoming upset. No hard feelings on my end. Thank you Ari. 

Best,

A - Owner

On Tue, May 31, 2022 at 1:33 PM Ninth Street Bakery <info@ninthstbakery.com> wrote:

Hi A - 

Thanks for saying that.

Just thought I would check in and see how this is going?

Thanks,

Ari

On Jul 15, 2022, 1:18 PM -0400, Ninth Street Bakery <info@ninthstbakery.com>, wrote:

Hi A and R, 

This is our last attempt to reach you to reconcile your account. I have tried by phone and email already. After this point, we will be using small claims court to recoup. Please let me know immediately if instead you would like to settle the balance with a credit card. Your balance is $4205.00.

Thanks,

Ari Berenbaum

Owner

Ninth Street Bakery

919.688.5606

On Sat, Jul 16, 2022 at 3:34 PM A wrote:

Hey Ari,

Just writing again to see if we can resolve this. Let me know if you have any ideas that could work for both of us. Thank you 

Best,

A - Founder

On Jul 17, 2022, 10:31 AM -0400, Ninth Street Bakery <info@ninthstbakery.com>, wrote:

Hi there - 

Your statement is attached, listing all open invoice numbers, dates, and amounts. The charge and subsequent refund that was processed in April is also listed.

We could do half the amount tomorrow by credit card, and half in two weeks. Hope to hear from you.

Ari

On Sun, Jul 17, 2022 at 12:04 PM A wrote:

Half and half won’t work for me ari. I could either pay monthly or I guess court will be the only option and I’ll have to set up payments with them. Either way I wouldn’t be able to do such a large amount at once. Also this accounting seems incorrect as I was charged a full $4000 for four months of pastries and not just $2500. Is there no compromise that could be made? As I said, I could do $1000 a month until it’s taken care of, or I guess we could present this to civil court once a date is set. I imagine that might be quite some time. I really am trying to work with you. You had no problem not charging me for four months, even though we requested to be charged weekly and had a card on file with you, but you do want it all up front right now? I am trying to present something that I can afford right now and trying to clear this debt. Half now and half in two weeks won’t work at all. I wish it would but I couldn’t do it. I am just being upfront with you. 

Best,

A - Founder

On Jul 18, 2022, 3:02 PM -0400, Ninth Street Bakery <info@ninthstbakery.com>, wrote:

A,

We can do $1000 per month starting tomorrow, with $1205 due at the 4th and final payment. Please call in today or tomorrow with your card so we can begin the process. If this process fails at any juncture, we will be forced to file a claim.

Your full statement is attached, detailing all charges since the beginning when you started with us in 2020.

Ari

919.688.5606

On Mon, Jul 18, 2022 at 3:52 PM A wrote:

Paying with a card is what started this whole thing to begin with. I won’t be paying by card ever again with ninth street. I will send checks. I want paper trails of everything and I want to make sure I am in control of how much is drawn from my account. like I said, I’m more then willing to pay and not fighting the fact that I owe the money, but I won’t be paying by card. That’s where I have to put my foot down. 

Best,

A - Founder

On Jul 18, 2022, 4:08 PM -0400, Ninth Street Bakery <info@ninthstbakery.com>, wrote:

That's fine.  Here is your list of payment due dates. If the check is not received by the date in question, the claim will be opened against your company. There will be no further grace period if you are late.

7/25/22 - $1000.00

8/25/22 - $1000.00

9/25/22 - $1000.00

10/25/22 - $1205.00

Ari

On Mon, Jul 18, 2022 at 4:15 PM A wrote:

Ari, I think we should just go to court. It’s very clear that’s what you want to do. I’m more then willing to pay and not disputing anything but you are making things so difficult. I can’t control the mail. I’m worried if it doesn’t arrive due to some factor I can’t control, then I get sued anyway? lets just get it over with. I’ll set up a payment plan with small claims and I will pay the courts instead and then I’m guaranteed fairness. 

Best,

A - Founder

On Jul 19, 2022, 1:12 PM -0400, Ninth Street Bakery <info@ninthstbakery.com>, wrote:

I've had no problem with the mail. If you want to drop off the check personally or put it in the mail 2 weeks ahead or do a tracking number to ensure delivery, that's up to you. If you prefer to go through the claims process, that's also your choice. I hope you can see the flexibility I am extending to you given the circumstances and that I would far prefer not to send the claims process to court if I can help it. You're also welcome to give us the credit card before each run and we can tear it up afterwards, or run it while you are on the phone, thereby not writing it down.

Ari

On Tue, Jul 19, 2022 at 4:06 PM A wrote:

I appreciate the flexibility, I am just having trouble trusting at this moment. Let me speak to my partner and see what she would prefer. 

Best,

A - Founder

On Jul 21, 2022 at 10:19 AM, <Ninth Street Bakery> wrote:

Any answer on this?

 Thanks,

 Ari

On Thu, Jul 21, 2022 at 10:22 AM A wrote:

 Hi Ari,

I apologize for the delay. We will be ok with checks. I would appreciate if I can post date them to the 25th of each month, so that I know they won’t be cashed before this even if I send them early. Would that be ok? I hope we can move forward and have a cordial relationship. I would like to move on and not have any bad blood between us.

Best,

A - Founder

 On Jul 21, 2022, at 10:27 AM, Ninth Street Bakery <info@ninthstbakery.com> wrote:

That's fine. I look forward to receiving your first check by the 25th.

Ari

On Mon, Jul 25, 2022 at 2:35 AM A wrote:

Hey ari,

I’ve decided to just pay with cc this time. I did send a check but if you can void that that would be great. When you get a chance please call me and I will make that payment. 7202558882

A

On Mon, Jul 25, 2022 at 12:48 PM Ninth Street Bakery <info@ninthstbakery.com> wrote:

Hi A - Just tried you and left a VM.

Ari 

919.688.5606

A subsequently made a $2000 credit card payment, and sent a $1000 check that bounced.