APlusCatering didn't fulfil contract

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Aug 3, 2019
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#1
APlus Catering didn't provide the food contracted for and substituted Safeway ready made items instead of catering and overcharged for the gratuity by including the tax in the calculation . I have attempted to resolve this dispute via phone (not successful), sent return signature required mail to 2 principals..returned to me unopened..I contacted Better Business Bureau and APlus Catering ignored repeated efforts to respond to the BBB. I have a paper trail and have refrained from posting negative reviews hoping for resolution. I am at a loss as to what to do next..PLEASE HELP. thank you ..madeleine Kasof

Edited by moderator to remove email address
 
Last edited by a moderator:

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
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www.promalvacations.com
#5
How and where did you pay them? Have you gone to their offices? What did your contract for the food state? Is this how they normally fulfill their contracts - with Safeway food? Where is the company located - do they have a website? What did you pay for that they didn’t provide?

Without seeing the contract and what they state - we really can't comment. And since you paid by cash - you don't really have a way to dispute this.
 
Aug 3, 2019
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#6
How and where did you pay them? Have you gone to their offices? What did your contract for the food state? Is this how they normally fulfill their contracts - with Safeway food? Where is the company located - do they have a website? What did you pay for that they didn’t provide?

Without seeing the contract and what they state - we really can't comment. And since you paid by cash - you don't really have a way to dispute this.
I Do have all of this information, but what can I do if APLUS Catering isn't responsive to me or the better business Bureau . Payment was made directly from bank account. No, I haven't gone to their office in Oakland. Yes, they do have a website. Website has beautiful food presentation pictures..not Safeway food. Thank you again for any thoughts..madeleine
 

jsn55

Verified Member
Dec 26, 2014
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#7
I Do have all of this information, but what can I do if APLUS Catering isn't responsive to me or the better business Bureau . Payment was made directly from bank account. No, I haven't gone to their office in Oakland. Yes, they do have a website. Website has beautiful food presentation pictures..not Safeway food. Thank you again for any thoughts..madeleine
Nobody is responsive to the BBB, they don't help the consumer. If you want to lay out the facts of the situation and answer our questions, maybe we can guide you to a solution.
 
Jan 6, 2015
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#8
Interestingly, their website does not specify that the food cannot be ready-made. My wife, who had her own catering business at one point has informed me that it is not unusual for caterers to serve some or even all of their food having obtained "prepared food" from a grocery store or restaurant food supply location. So it seems to me that it comes down to their written commitment to you (emails, contract, etc.).

That said the only indicator that I see on their website are the videos that auto-play. These clearly depict food being prepared by "someone", which implies (to me at least) that APlus is not serving ready-made items.

I think your challenge will be to prove a) the extent to which the food was "ready-made", and b) whether this violates the contract. If so, perhaps a complaint filed with the district attormey's office and/or small claims court are viable as next steps . . .
 
Sep 19, 2015
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#9
If this was in CA then sales tax is charged on mandatory gratuities and not on optional -- ie the business tells you it must be paid and it is automatically added to the bill, then sales tax --

How much of the menu ended up being pre-made food?

What did your contract say?