Recourse with hairdresser?

Fi1964
Fi1964 Posts: 23 Forumite
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in Consumer rights
Hi, I have paid to have my hair professionally straightened. After three days waiting as instructed I have washed my hair, with the instructed shampoo but my hair has now gone back to how it is normally. Not straight. The hairdresser (who did it in her home) says she will do it again for me but as I live a distance away and it is a long process I would rather my money back. She is refusing. Do I have any right to my money back? I know (as I am a trained hairdresser) that this can be a dodgy area with hair tints etc but my hair is not straight!

Thanks for any help.
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Comments

  • hollydays
    hollydays Posts: 19,812 Forumite
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    Did she warn you this might happen?
    I guess it's got to do with the strength of solution she used?
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    Fi1964 wrote: »
    Hi, I have paid to have my hair professionally straightened. After three days waiting as instructed I have washed my hair, with the instructed shampoo but my hair has now gone back to how it is normally. Not straight. The hairdresser (who did it in her home) says she will do it again for me but as I live a distance away and it is a long process I would rather my money back. She is refusing. Do I have any right to my money back? I know (as I am a trained hairdresser) that this can be a dodgy area with hair tints etc but my hair is not straight!

    Thanks for any help.
    The supplier is offering to perform the service again.

    This is in line with her obligations under The Consumer Rights Act - in particular, Section 55 and 56.

    They state that you can only refuse a 'repeat performance' if that is not possible or the service provider is effectively taking too long to put things right.
    That is my summary - you will need to read the legislation for the detail.
  • Fi1964
    Fi1964 Posts: 23 Forumite
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    Thank you both for your quick replies.

    No she told me it works on any kind of hair and when I told her what happened she said it had not happened before.

    The problem with letting her do it again, besides it possibly still not working, is that including travelling time it took nearly five hours. She isn't local and the experience wasn't that pleasant as she had her two young children running around screaming.

    Is letting her try again my only option? What if it still doesn't work?
  • wealdroam
    wealdroam Posts: 19,181 Forumite
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    edited 7 February 2016 at 12:02AM
    Fi1964 wrote: »
    The problem with letting her do it again, besides it possibly still not working, is that including travelling time it took nearly five hours. She isn't local and the experience wasn't that pleasant as she had her two young children running around screaming.

    Is letting her try again my only option? What if it still doesn't work?
    Letting her try again may not be your only option.
    I'll post some of Section 56 here:
    56 Right to price reduction

    (3) A consumer who has that right and the right to require repeat performance is only entitled to a price reduction in one of these situations—

    (a) because of section 55(3) the consumer cannot require repeat performance; or

    (b) the consumer has required repeat performance, but the trader is in breach of the requirement of section 55(2)(a) to do it within a reasonable time and without significant inconvenience to the consumer.
    That says that you are only entitled to a price reduction (which could be a full refund) if it is not possible to do the work again or the service provider cannot repeat the work "within a reasonable time and without significant inconvenience to the consumer".

    Section 55 of The Consumer Rights Act includes:
    55 Right to repeat performance

    (2) If the consumer requires such repeat performance, the trader—

    (a) must provide it within a reasonable time and without significant inconvenience to the consumer; and

    (b) must bear any necessary costs incurred in doing so (including in particular the cost of any labour or materials).

    (3) The consumer cannot require repeat performance if completing performance of the service in conformity with the contract is impossible.

    (4)Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of—

    (a)the nature of the service, and

    (b)the purpose for which the service was to be performed.
    I believe the cost of you travelling a second time to the service provider should be covered by them.

    You can see that "significant inconvenience" is mentioned.
    I don't know whether you spending another five hours would be considered a "significant inconvenience".

    To answer you last question - if it still doesn't work?
    I would say that you would then be in a very strong position to expect a full refund.
    That would be because it can then clearly be shown that a 'repeat performance' is not possible - as mentioned in para (3) of Section 55 of CRA.
  • Fi1964
    Fi1964 Posts: 23 Forumite
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    Thank you very much for taking the time to write that reply. It is very helpful and I'm very grateful.
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    Op didn't deem it to be significantly inconvenient to travel such a distance in the first place so is a little difficult to now say she is too far away. It is not her fault a customer chose to travel outside their locality to visit
  • Fi1964
    Fi1964 Posts: 23 Forumite
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    When I booked the treatment it was for a one off treat for myself. I didn't realise it would take so long to get there and hadn't been told how long the treatment would take. Also there is a lot of difference between being able to spare five hours to being able to spare ten!

    I never said it was her fault I travelled so far, I just don't particularly want to do it again especially as there is no guarantee it will work the second time.
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    How did you realise it would take so long to get there ?

    Did you not research where the hairdresser lives before making an appointment ?
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    How would you not know how long the treatment would take or how varied results may be on different hair types if you are also a trained hairdresser? Surely you would have at least some idea of what's involved
  • Fi1964
    Fi1964 Posts: 23 Forumite
    First Anniversary First Post
    edited 8 February 2016 at 9:07AM
    Dcfc79 The journey was meant to take 35 mins but at the time of day my appointment was for there was much more traffic than I anticipated.

    I haven't complained how long it took me to get there just that I would rather not go through the lengthy treatment and the journey if there is no guarantee it will work the second time either. I also did not realise her babies would be there and that she would have to deal with them too. And incidentally I did book on the spur of the moment as have been ill and was considering cutting my long hair to make it easier to manage. I saw this and thought it was a solution. I also didn't realise it was her house.

    Also realistically, you would drive further if you think it will only be once.

    Foster dog before you colour someone's hair you do colour tests if you are unsure of the result. I would not colour someone's hair if I was unsure what colour the result would be. Only an untrained colourist would do that. I am not trained in keratin hair treatments and so I relied on the professional to advise me. I asked her about my hair and she told me it works on all hair types.

    Thank you both so much for your helpful comments.
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