Hair Salon Got dye on my bag.... PLEASE HELP

wealdroam

mazziem wrote: »

Hi all!

But if an update .... It has all kicked off! The hairdresser didn't actually have ANY insurance when she damaged my bag! I called the insurance today and they said we don't have anyone by that name! This confused as I spoke to someone previous who said they did.... Anyhow I rang the salon to tell them this and the salon owner has now text me - not rung - TEXT! Saying the following ....

'Hi, olas just foned her insurance company + the reason they wudnt tell you anythin is bcus altho shes insured now she wasnt at the time, wich i wasnt aware of so her insurance company as advised her to pay sum money 2wards the damage of wich shes willing 2 pay £150 plus u can claim yor groupon money back by emailing groupon customer services, i hope this helps.'

So basically she had lied saying she had insurance! Was she hoping I was going to just go away?!?! I am genuinely bemused by the whole situation !

I am going to send a letter before action and look to take to a small claims court... Any advise guys?!

Marianne xx

Your claim value should be exactly the same whether there is insurance involved or not.

As advised earlier, you need to establish the value of your bag now. Subtract that from the value of a new bag, that is the value of you claim (plus other expenses that you can prove).

dacouch

mazziem wrote: »

Hi all!

But if an update .... It has all kicked off! The hairdresser didn't actually have ANY insurance when she damaged my bag! I called the insurance today and they said we don't have anyone by that name! This confused as I spoke to someone previous who said they did.... Anyhow I rang the salon to tell them this and the salon owner has now text me - not rung - TEXT! Saying the following ....

'Hi, olas just foned her insurance company + the reason they wudnt tell you anythin is bcus altho shes insured now she wasnt at the time, wich i wasnt aware of so her insurance company as advised her to pay sum money 2wards the damage of wich shes willing 2 pay £150 plus u can claim yor groupon money back by emailing groupon customer services, i hope this helps.'

So basically she had lied saying she had insurance! Was she hoping I was going to just go away?!?! I am genuinely bemused by the whole situation !

I am going to send a letter before action and look to take to a small claims court... Any advise guys?!

Marianne xx

What probably happened (As I mentioned earlier in the thread) is the stylist is renting a chair eg self employed. They and the shop owners normally assume they are covered by the shop policy. They are normally not covered as they are in effect a separate business.

It may alternatively be a case that the shop owner knew she should have cover but did not properly check the stylist had taken out cover and they took cover when they realised there was no cover.

Her not having Insurance is not your problem although may make getting money out of her harder.

Were you using a Groupon Voucher?

Were you paying the salon or the stylist?

arcon5

The sum she has offered is going up - so before sending a letter before action, make a more informal counter-offer off something much more reasonable than £150.

If they refuse then you can really frighten them with formal letters.

mazziem

Hi

I brought a group on voucher so in theory the contract is with the salon itself if I am thinking correct?!

I may need to get some legal advice either from citizen advice bearau or the law society .

I only got the grouping voucher as I am moving and wanted to saveoney! I actually thought how wrong could it go with a full head of colour! Very mistaken ! X

Looksguywalker

mazziem wrote: »

Hi

I brought a group on voucher so in theory the contract is with the salon itself if I am thinking correct?!

I may need to get some legal advice either from citizen advice bearau or the law society .

I only got the grouping voucher as I am moving and wanted to saveoney! I actually thought how wrong could it go with a full head of colour! Very mistaken ! X

You bought the voucher from Groupon, you paid Groupon so I would say your contract is with them.

mrs_sparrow

Looksguywalker wrote: »

You bought the voucher from Groupon, you paid Groupon so I would say your contract is with them.

Liability comes down to the person doing the treatment, not the person you paid at the end - it is the person carrying out the work that is liable. If they are employed by the salon the employee will be covered under the salons PL Insurance policy, if they are self employed they should have sorted their own PLI but could be covered if it is an agreement of the salon.

As an example - say you bought a ticket for a day out from a 3rd party website and badly injured yourself on that day out, the person you would claim from would be the person offering the attraction as this is what PLI is for, it would not fall down to the person who sold you the ticket.

It is VERY foolish not to have insurance which is what it sounds like. If you had an allergic reaction she would have been paying out a damn sight more than a new bag. I hope that this will be a lesson learned for the stylist, that Insurance in her profession is an absolute must, it does not cost a great deal.

However, I cannot imagine for one single minute that the salon would not have any form of Liability Insurance and I am pretty sure that they would need to show this to the council that gave them their licence to practice, indeed they should have their certificate on display - can you get a friend to go in and have a nosey around to see if they can see one?

It might be worth checking out the local council licensing department if they are trading without PLI as the council do have rules and regs to follow for those people who offer treatments involving chemicals. Check it out on your local council website - look for Licensing, it will be in there.

dacouch

[QUOTE=mrs_sparrow;54383985

However, I cannot imagine for one single minute that the salon would not have any form of Liability Insurance and I am pretty sure that they would need to show this to the council that gave them their licence to practice, indeed they should have their certificate on display - can you get a friend to go in and have a nosey around to see if they can see one?

It might be worth checking out the local council licensing department if they are trading without PLI as the council do have rules and regs to follow for those people who offer treatments involving chemicals. Check it out on your local council website - look for Licensing, it will be in there.[/QUOTE]

Public Liability is not compulsory and thus there is no certificate produced for it. There will be no certificate on display.

With regards to liability, it's not as clear cut as you described, typically the person you pay is who you form the contract with. if the OP had just gone into the salon and the salon directed her to a self employed stylist but she paid the salon. The salon would be liable, with the involvement of Groupon who I assume would have worked around the liability by you just buying some kind of gift certificate it's not so clear.

arcon5

mrs_sparrow wrote: »

Liability comes down to the person doing the treatment, not the person you paid at the end - it is the person carrying out the work that is liable. If they are employed by the salon the employee will be covered under the salons PL Insurance policy, if they are self employed they should have sorted their own PLI but could be covered if it is an agreement of the salon.

Thats incorrect.

Whomever the contract is with is who is liable. Their sub contractors are only liable to the company hiring them. It's only where personal injury has been caused that other parties can be held to account in law

arcon5

mazziem wrote: »

Hi

I brought a group on voucher so in theory the contract is with the salon itself if I am thinking correct?!

I may need to get some legal advice either from citizen advice bearau or the law society .

I only got the grouping voucher as I am moving and wanted to saveoney! I actually thought how wrong could it go with a full head of colour! Very mistaken ! X

IMO you have to contracts.
You have contract with groupon to provide a discount voucher with said benefits and you have a contract with the salon and the voucher was merely your form of payment.

mazziem

So as a theory then who is responsible as I am confused! X