Responding to a refund request / pre-court letter?

deegee1971

Looking for a little advice if possible?

My girlfriend fits hair extensions, and fitted some for a customer back in December - who was happy with the results. She completed maintenance (removal and refitting) after a few months and the client was again, happy.

Then, the client asked what color hair she'd used (my girlfriend had to carefully mix 2 standard colours to get the right blend), so her "friend" could get some done.

Then the client said she wanted to take a break from them, so was going to have them removed. The client said that another hairdresser had done it (with details of the product she used to remove them) and some of her own hair had fallen out, and started asking for a refund. My girlfriend replied to point out that the wrong product had been used, and that she'd had no problems when completing the maintenance.

She's now sent a template letter (with numerous spelling mistakes) demanding a refund, on the basis that "goods were not of satisfactory quality under the Sale of Goods Act".

Now, we all know that the client is trying it on, but my girlfriend suffers with anxiety issues and certainly doesn't want to go to court. However on principle, she does not want to give a refund either.

Suggestions greatly appreciated.

molerat

As she has already replied my advice would to be ignore. If she refunds she could be seen as admitting liability for what happened and the customer could possibly then go for a damages claim. Worry about it if and when a court claim arrives. Has she investigated if the other product used in removal would be likely to cause any damage ? If no damage was done during installation and subsequent maintenance then it is most likely that the damage was done by careless removal. Were they actually removed by another "hairdresser" or by her mate with a product from the supermarket ?

deegee1971

Exactly, she's claiming the tape used was not suitable and stuck-in (duh, that's what it's supposed to do). If specialist adhesive remover isn't used, the tape won't come out easily and hair could easily be damaged, so it's almost certain that's when any damage was done. Who knows if it was a hairdresser or her mate?

Good point about a refund potentially being seen as an admission.

So, no point in detailing the chronology of events and discouraging her from taking further action?

paddyrg

No harm in creating a document with the whole timeline in - dates, products, conversations, etc. No harm in writing to the complainant with a note that you do not intend to refund and welcome the opportunity to clear your name in court. If you do go to court, that document detailing everything will be your evidence you'll submit to the judge.

Aquamania

deegee1971 wrote: »

Looking for a little advice if possible?

My girlfriend fits hair extensions, and fitted some for a customer back in December - who was happy with the results. She completed maintenance (removal and refitting) after a few months and the client was again, happy.

Then, the client asked what color hair she'd used (my girlfriend had to carefully mix 2 standard colours to get the right blend), so her "friend" could get some done.

Then the client said she wanted to take a break from them, so was going to have them removed. The client said that another hairdresser had done it (with details of the product she used to remove them) and some of her own hair had fallen out, and started asking for a refund. My girlfriend replied to point out that the wrong product had been used, and that she'd had no problems when completing the maintenance.

She's now sent a template letter (with numerous spelling mistakes) demanding a refund, on the basis that "goods were not of satisfactory quality under the Sale of Goods Act".

Now, we all know that the client is trying it on, but my girlfriend suffers with anxiety issues and certainly doesn't want to go to court. However on principle, she does not want to give a refund either.

Suggestions greatly appreciated.

deegee1971 wrote: »

Exactly, she's claiming the tape used was not suitable and stuck-in (duh, that's what it's supposed to do). If specialist adhesive remover isn't used, the tape won't come out easily and hair could easily be damaged, so it's almost certain that's when any damage was done. Who knows if it was a hairdresser or her mate?

Good point about a refund potentially being seen as an admission.

So, no point in detailing the chronology of events and discouraging her from taking further action?

I very much doubt this will ever go to court. As you say "Now, we all know that the client is trying it on,..."

Your girlfriend fits hair extensions. Presumably she is qualified or has experience in doing this, and presumably does this as a business.
Afterall, you are posting on the small business board, and your second post suggests she does indeed have some expertise in this area.

However, having said that, anyone can start a claim about anyone else for any reason.

It therefore depends what your girlfriend wants to do.

She could offer a refund on a basis of a goodwill gesture, which would be without acceptance of any liability, but in full and final settlement of the dispute. That would hopefully halt the claim and avoid undue anxiety by your g/friend. It may prevent your girlfirend losing a potential client, (and possibly a few others if the client is well known/has many friends in the area) but it may have already gone too far for that, or indeed your g/f may not want this person as a client anymore - that would be entirely undertsandable.

Moreover, your g/f does not want to refund 'on principle'. Unfortunately, upholding principles usually does cause anxiety, but it is her decision.

If a small claim were to be made against your g/friend then there would be nothing particularly she would need to worry about. Small claims are not difficult to handle in person, no one will be in wigs or gowns, the court room will be just like any meeting room usually, and you just all (you, the complainant and the judge) sit around a table and discuss the matter, and the then judge decides.

But before it getrs to that stage, your g/friend will need to send in a defence. Nothing to elablorate, essentially little more than you have already posted here will do. If she could add that the tape is a proprietory tape, and according to the manufacturer's instructions, is used for this purpose, so much the better.

What the judge will then suggest, before a hearing takes place, is that the claimants obatins there own 'expert witness'. The claimant is not an expert in hairdressing, so needs someone to subtaintiate their claim e.g. another hairdresser (perhaps the one she went to have the extentions removed)

Your girlfriend would also probably be allowed an expert witness if required. It seems she suggests that a specialist product is used to remove the extentions, and if not, then damage results. Your g/f may need someone to support this assertion unless she feels confident she can prove this herself .e.g. the instructions on the tape used specify this.

If the matter does go to court, then all the evidence of both sides is discussed, and the judge makes a ruling. Remember, the burdon of proof lies with the claimant; the claimant will have to prove on a balance of probablity (that it is more likely than not) that your g/f had done something wrong (e.g. supplied "goods were not of satisfactory quality under the Sale of Goods Act".)

If your g/f wished to defend any action, but does fear going to court herself (there really is nothing to worry about) then she could instruct a solicitor to represent her at court - that may even mean she does not even have to attend court herself, or if she does, the solicitor will speak for her.

Only one warning, if at any time this matter becomes more than just reclaiming the cost of the original work, but ventures into personal injury damages (it should say this in the particulars of claim), then I would urge your g/f to seek independent legal advice.

GDB2222

deegee1971 wrote: »

She's now sent a template letter (with numerous spelling mistakes) demanding a refund, on the basis that "goods were not of satisfactory quality under the Sale of Goods Act".

I would reply to the letter, if only to refer to the earlier reply. At the same time, make any further points that come to mind, and ask any further questions, eg what was the name of the hairdresser who removed the hair extensions and whether she is fully qualified in this work?

deegee1971

Aquamania wrote: »

I very much doubt this will ever go to court. .."
.

Thanks so much, for your excellent and very detailed reply. Sorry I missed the notification!

Would you suggest replying to say that we will not be offering a refund, or just do nothing and wait and see?

Aquamania

deegee1971 wrote: »

Thanks so much, for your excellent and very detailed reply. Sorry I missed the notification!

Would you suggest replying to say that we will not be offering a refund, or just do nothing and wait and see?

Assuming your girlfriend has decided she will not provide any refund willingly, then I would suggest doing nothing and waiting if/when a court claim is received.

I understand your g/f has previously replied pointing out that the wrong product had been used to remove the extentions, and that she'd had no problems when completing the maintenance.I don't think another reply would help at this stage. Effectively, she will be calling their bluff.

If/when a court claim is received, then this must be replied to (to the court) giving a basis of a defence. As I mentioned previosuly, such a defence would need to be little more than already expressed in this thread.

deegee1971

Thanks for all the advice first time around. My girlfriend has received a follow-up email from the disgruntled client - same as before, usual typos where she's had to complete parts herself (we didn't respond to her letter "dated 23 th march")

The rest seems to follow exactly the same template as follows:

"I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.


If I do not receive a satisfactory response from you within 30 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.


I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction."

Any thoughts or advice? Continue to ignore?

Aquamania

Same advice as I provided you in March.

If you receive formal communication from an official ADR, then respond to that as you would to a court.

DavidP24

So is she a solicitor governed by CPR?

NO I thought not.

Have proceedings started?

No I thought not.

I would reply as follows


---
WITHOUT PREJUDICE

Dear Mrs Twit

I am writing with regard to your recent claim which is vexatious, without merit and hereby rejected.

You have had the hair treatment previously, it was then removed by me successfully with no damage to your hair. You then had a repeat treatment which clearly demonstrates your satisfaction with the product and my services.

You have then used a 3rd party who has ignorantly applied incompatible chemicals and it is entirely the result of these incompatible chemicals that has allegedly damaged your hair. You may or may not have an action against that 3rd party, but that is nothing to do with me.

You are welcome to bring this matter to the attention of a Court, it will be vehemently defended.

Yours sincerely


Ms A Smith

deegee1971 wrote: »

Thanks for all the advice first time around. My girlfriend has received a follow-up email from the disgruntled client - same as before, usual typos where she's had to complete parts herself (we didn't respond to her letter "dated 23 th march")

The rest seems to follow exactly the same template as follows:

"I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

If I do not receive a satisfactory response from you within 30 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction."

Any thoughts or advice? Continue to ignore?