Problem with a customer, need advice please

Nicole85

unholyangel wrote: »

OP, look up hypothyroidism eyebrow loss - I believe in women in particular, it causes the loss of the outer third of your eyebrow.

We'll do, would she not have to prove that's the tint that's caused it not hyperthyroidism?

unholyangel

Nicole85 wrote: »

We'll do, would she not have to prove that's the tint that's caused it not hyperthyroidism?

Not so much no - boris is completely right that small claims does go on the balance of probability (criminal court is beyond all reasonable doubt in comparison), Im only enquiring why he seems to be implying you need to disprove her claim to a greater degree of certainty than she needs to prove her claim. But you could raise it (and perhaps other things) as potential sources to cast doubt on her claim and hopefully shift the balance of probability in your favour.

Nicole85

unholyangel wrote: »

But how does any of that indicate OP failed to carry out contractual obligations without reasonable care and skill/was negligent in her duty of care?

That's a really good point. Even if I had done a patch test, it wouldn't reveal anything, as she hasn't had a allergic reaction.

BorisThomson

unholyangel wrote: »

But how does any of that indicate OP failed to carry out contractual obligations without reasonable care and skill/was negligent in her duty of care?

Why wouldn't they then give weight that OP has perhaps done hundreds or thousands of tints previously without ever having this happen and likewise for her colleagues/other professionals in the field? Why would they give more weight to the claims from someone who has maybe had a few dozen tints at most that the tinting had caused it (especially when tinting had never caused them issues before) than the word of x professionals who have never heard of it happening in the manner described?

I can honestly say I have never been to a salon that has performed a patch test (although they do sometimes ask if you've had similar treatments before/known reactions to any products in the past) and would also point out that patch tests are to test for skin allergies, not hair loss. OP has only said the client was alleging hair loss, not that they had complained eyebrows were swollen/red/itchy/flaky or anything that indicates a skin irritation, let alone allergy.

It is industry standard practice to carry out a patch test before treatment with any dye. Failure to do so is a failure to fulfil the most basic standards of care.

I'm not sure what part of that is difficult to understand, and how the OP can continue to excuse her not doing so.

The problem is we have a client trying it on, and a business owner so inept that they cut corners on treatments and don't have adequate insurance. I pity the judge.

Money_maker

Just as an aside, can you check out social media and suchlike to see if she's been foolish enough to post anything about this, or her career as a surgeon. Knowledge is always a good thing.

pinkshoes

Nicole85 wrote: »

She did contact me two days later and wanted a full refund and compensation for damages to her emotions! I asked her to come in so that I could see the problem, but she said she's too busy and can't do that. After like two weeks she sent me some pictures but tbh it seemed like she had cut the hair herself.

Did she put this in writing??? If yes, YAY! What wondful evidence against her claim.

You offering to take a look and give her some help goes in your favour.

Given she was claiming emotional damages initially, but in the above claims she is too busy to come in, then what was she so busy doing if she was that emotionally distressed???

Ganga

Nicole85 wrote: »

That's a really good point, all the tint is washed off at the same time, so if there was something wrong with the treatment, more hair should have fallen off rather than just the end of one side. And the fact that she was refusing to come in and show me the hair loss at the beginning, makes it less genuine.

If she has only " lost " the end of one eyebrow she could not have had an allergic reaction to the treatment or all her eyebrows would have fallen out,looks like she is trying it on.

pinkshoes

Ganga wrote: »

If she has only " lost " the end of one eyebrow she could not have had an allergic reaction to the treatment or all her eyebrows would have fallen out,looks like she is trying it on.

It would definitely worth paying for a medical report from a professional body stating the above then claiming the cost against her.

Nicole85

pinkshoes wrote: »

Did she put this in writing??? If yes, YAY! What wondful evidence against her claim.

Yes, she has mentioned all of that in her statement

pinkshoes wrote: »

Given she was claiming emotional damages initially, but in the above claims she is too busy to come in, then what was she so busy doing if she was that emotionally distressed???

Apparently work and social gatherings according to her statement, she even mentions that she didn't feel comfortable during those occasions. She actually wanted me to pay her over the phone without seeing any proof of anything!

pattycake

Nicole85 wrote: »

We'll do, would she not have to prove that's the tint that's caused it not hyperthyroidism?

Please note it is HYPOthyroidism (under active thyroid) which causes this problem. I know to my cost as I am a sufferer with terrible patchy eyebrows which have not grown back.