Bought A Wowcher For Hair, Didn't Get What Was Advertised

Fire_Fox

You need to take out a small claims action in the county court against the company you are contracted to, if the law says you are contracted to Wowcher and you open a case against the salon (or vice versa) you are at risk of losing by default. It is not as simple as identifying who you feel is at fault or even who ultimately provided the actual service.

Yes you can add the costs of the action to the claim. However the first steps would be a 'letter before action'. IF you are contracted to Wowcher they must refund you, whether the company will refund them is not your problem it is theirs. IF Wowcher is simply acting as an agent it may be they are not liable for a failing on the part of the salon. The legal position needs checking carefully, for a start read Wowcher's terms and conditions.

jahlboy

Fire_Fox wrote: »

You need to take out a small claims action in the county court against the company you are contracted to, if the law says you are contracted to Wowcher and you open a case against the salon (or vice versa) you are at risk of losing by default. It is not as simple as identifying who you feel is at fault or even who ultimately provided the actual service.

Yes you can add the costs of the action to the claim. However the first steps would be a 'letter before action'. IF you are contracted to Wowcher they must refund you, whether the company will refund them is not your problem it is theirs. IF Wowcher is simply acting as an agent it may be they are not liable for a failing on the part of the salon. The legal position needs checking carefully, for a start read Wowcher's terms and conditions.

Their T&Cs state

7.2. We are not liable for:

7.2.2. any dealings you have with third parties (e.g. suppliers of goods or services or advertisers) that take place using or facilitated by the Site

Would that mean I would have to send the Letter Before Action to the salon?

cockaleekee

jahlboy wrote: »

Yes it was!

Small claims costs £25 fees for a case under £300, and if I were to lose (it's me against them) then I'd have lost £40. Equally, if I were to win, would they have to pay the fees? Because there's no point in me going through Small Claims if I would still be in a loss (£25 fees + £15 refund is still a £10 loss).

I have already started to leave a few bad reviews!

Yes, you can claim the fee back from the respondent if you win.

Have you posted on their Facebook page?

jahlboy

cockaleekee wrote: »

Yes, you can claim the fee back from the respondent if you win.

Have you posted on their Facebook page?

Not posted on their FB page yet as I'm a bit scared they'll find out that way and will sue me for slander or something! Plus, they can easily remove it so it wouldn't make much difference!

cockaleekee

jahlboy wrote: »

Not posted on their FB page yet as I'm a bit scared they'll find out that way and will sue me for slander or something! Plus, they can easily remove it so it wouldn't make much difference!

They can't sue you if what you say is true

cockaleekee

It might also be constructive if this thread was higher in the Google rankings:

Sculpt Hair Nottingham
Sculpt Nottingham
Sculpt Hair Gallery Nottingham
Sculpt Gallery Goosegate Nottingham

pinkshoes

jahlboy wrote: »

Their T&Cs state



Would that mean I would have to send the Letter Before Action to the salon?

NO! Your contract is with Wowcher. Their T&Cs are codswallop!

cockaleekee

pinkshoes wrote: »

NO! Your contract is with Wowcher. Their T&Cs are codswallop!

It is not as simple as that - there has been some legal discussion on this topic and whilst the position is still not clear, opinion does seem to lean towards Wowcher et al simply being agents. Here is an opinion that suggests (in the case of Groupon) that the OP's claim would be against the service provider - I would suggest that Wowcher's terms are along the same lines, and that the OP should focus on Sculpt Hair Gallery, Nottingham.

Fire_Fox

jahlboy wrote: »

Not posted on their FB page yet as I'm a bit scared they'll find out that way and will sue me for slander or something! Plus, they can easily remove it so it wouldn't make much difference!

Slander is about verbal lies, libel is about false information in the written word, just word your comments carefully.

Removing the comment means new people to the site cannot read it, I believe it still pops up in the news feed of those who 'liked' or are following the page (or whatever the proper Facebook terminology is).

Wowcher_representative

Good Morning,

Please accept my apologies. We do have to consider all sides before determining a refund however I can only apologise that a response was sent to you without further investigation.

We have received your latest email and this is being looked into.

Someone will be in touch later today with an update.

Kind Regards

Wowcher