Threatened with police

veryconfused20

RefluentBeans said:

I’m not saying this happened - but when tempers get raised people tend to match the energy the other person gives or raise it. Normally, it’s the customers giving agro to staff but it can be the other way round. I’m not saying that is what has happened here, but it doesn’t really matter who started what. When a conversation can’t be had, and the relationship is irreparable, and shouting happens - typically the way of enforcing rights goes through the legal process (as you’ve effectively reached an impasse now and anything else that is said will only make the situation worse). 

There’s a few options you could look into:
1. If you paid by card you potentially could look at chargeback through your card provider - but the merchant may appeal it and they’d likely win (chargebacks don’t look at who’s ‘right’ per se but just makes it easier for people to get money back for products never received). 

2. If you paid by credit card and the components of the bill were over £100 - you could attempt a S75 - but your products need to be over £100. 

3. You could also look at sending a letter before action (which I wouldn’t constitute as harassment); where you say what you’re looking for, the reason for the refund, and you’ll be willing to take it to small claims court.
4. You chalk it up to experience and leave a bad review. 

For what’s it worth - communicating through face to face interactions can (in my experience) lead to miscommunication, and over reactions. Emails (and letters if you are old school) are written records and people can sculpt their replies and let their cooler heads prevail (sure we’ve all done an email to a colleague along the lines of ‘are you stupid?’ And then corrected it to be more professional! 

All communication was done via messages (I've sent a total of 3 for context of alleged harassment). Unfortunately I did a bank transfer so no option to claim it back, however I'd rather get reach a resolution that isn't/won't potentially be revoked anyway.

Whilst in some ways I am tempted to just walk away, I think if I go ahead and leave a bad review, it'll just escalate things even further. Not that it matters as you say, but I've genuinely been professional throughout and not risen to the bait, and yet I've been guilt tripped, called names and have attempted to be silenced. Perhaps I sound petty and contradictory when I say I really don't want to make more drama for myself, but it doesn't feel right to allow them to believe this is an acceptable way to deal with a reasonable complaint and I certainly don't feel as though the issue has been satisfactorily resolved. 

veryconfused20

eskbanker said:

veryconfused20 said:

I was advised to seek a full refund due to the extent of what needed correcting. Whilst this would be preferred as it is going to cost me more than what I paid to have it rectified, on further reflection I would now feel satisfied with a 50% refund. This was offered in the second to last correspondence, which I admit I rejected at the time. 

veryconfused20 said:

I was initially offered half, whereas I was advised to seek full. This is what I stated in my last correspondence that I was looking for, and instead I've been transferred less than a third and threatened if I dispute it. 

Who was advising you to seek a full refund and on what basis?  When there's a dispute like this, there's rarely a right and wrong answer as such, so it tends to come down to negotiation to somewhere in between everything and nothing, although if there's clear objective evidence that the only viable resolution is to repeat the entire process elsewhere at similar cost in order to rectify the mistakes, then that would strengthen your hand in any escalation to independent bodies such as courts or card companies.

An 3rd party hairdresser who I saw to understand what the process for correction should be, aa I didn't trust the judgement of the original stylist. I was told I either need the mistakes reversing, which would be an intricate process, or my entire hair colouring over the top (which sounds simple, but because it's bleach it's a very hefty process to do whilst minimising damage) 

LightFlare

How much are you actually talking about ?

Sometimes the most pragmatic approach is to just walk away no matter whether you have a case or not.

Is the time and effort worth the desired outcome 

veryconfused20

LightFlare said:

How much are you actually talking about ?

Sometimes the most pragmatic approach is to just walk away no matter whether you have a case or not.

Is the time and effort worth the desired outcome 

It was £160, and the correction elsewhere is going to cost £250.

My other concern is that this person has involved family in this and has painted me to be a predatory bully; whilst I understand and agree with this perspective from a financial POV... I don't know how to articulate it, walking away having been accused of being an awful person without being able to clear my name in some way makes me now feel like I'm looking over my shoulder when out and about. 

sheslookinhot

powerful_Rogue said:

Short and sweet. You send a Letter Before Action highlighting (boom boom) what you want and set a time of around 14 days. If you get no response or a negative one, you start a claim in the small claims court.

If you are seeking recompense, this is the best answer for you. Recorded/ Signed for delivery.

Voyager2002

veryconfused20 said:

LightFlare said:

How much are you actually talking about ?

Sometimes the most pragmatic approach is to just walk away no matter whether you have a case or not.

Is the time and effort worth the desired outcome 

It was £160, and the correction elsewhere is going to cost £250.

My other concern is that this person has involved family in this and has painted me to be a predatory bully; whilst I understand and agree with this perspective from a financial POV... I don't know how to articulate it, walking away having been accused of being an awful person without being able to clear my name in some way makes me now feel like I'm looking over my shoulder when out and about. 

The sums involved are sufficient to make court action worthwhile.

pinkshoes

veryconfused20 said:

LightFlare said:

How much are you actually talking about ?

Sometimes the most pragmatic approach is to just walk away no matter whether you have a case or not.

Is the time and effort worth the desired outcome 

It was £160, and the correction elsewhere is going to cost £250.

My other concern is that this person has involved family in this and has painted me to be a predatory bully; whilst I understand and agree with this perspective from a financial POV... I don't know how to articulate it, walking away having been accused of being an awful person without being able to clear my name in some way makes me now feel like I'm looking over my shoulder when out and about. 

You need to think about what you want to achieve from this. 

They've paid you a third back, so £55 ish? 

You said that the stylist made mistakes but didn't point them out to you, and it was only someone else that later pointed them out to you did you realise. So, what was it that was so bad that you couldn't see in the mirror yourself? Surely they used a mirror so you could see your hair?

If you're not happy with this, then you send them a letter in the post (get proof of postage). Something along the lines of:

"Dear <hairdresser>, on X date I visited your salon and paid £160 to have XYZ done. During the appointment, your stylist made multiple mistakes, but failed to mention this, and it was only after the appointment someone else pointed the mistake out. I have since seen another stylist who has verified the mistake. You have already refunded me £55 due to the mistake your salon made, but I am seeking a full refund of £160. Please pay the additional £105 within 14 days of receipt of this letter. If I do not receive the full refund, then I will be taking the matter to court, and will be seeking the additional sum of £195 on top of the £55 you have already paid me, to cover the cost of getting the mistake rectified, as well as all associated costs of legal action."

It's worth sending the LBA as they might just refund you the rest of the money. If they don't, then it's up to you whether you carry on with your court action (all done online) or your other option is just to accept the £55, and leave a factual negative review for them. As long as you state just the facts, then they can't do anything about negative reviews, and it might just cost them more than it would have cost them to fully refund. 

Okell

I agree that for the sums involved the OP should send a Letter Before Claim and be prepared to sue.  The letter needs to set out the facts, state what the OP wants as a remedy*, and give a deadline for the hairdresser to comply.

Personally I don't think it necessary to send it signed for as it can always be refused.  I'd have thought first class post with a certficate of posting from a post office counter would be sufficient.  Then it's for the addressee to prove that it was never delivered - if they want to continue to play silly games...

In the highly unlikely event that the hairdresser tries to get the police involved, the OP needs to tell the police:

1.  It's a civil matter and nothing to do with them;

2.  She's following what she understands to be the Civil Procedure Rules and is giving the hairdresser every opportunity to resolve the issue before she leaves the OP with no alternative but to go to court; and 

3.  Are the police saying that a citizen exercising their legal rights to sue somebody who has caused the OP a civil wrong amounts to harrassment?

(Removed by Forum Team)


*I presume the OP wants a refund for the service that wasn't carried out with reasonable care and skill, plus the cost of putting it right.

Okell

veryconfused20 said:

eskbanker said:

veryconfused20 said:

I was advised to seek a full refund due to the extent of what needed correcting. Whilst this would be preferred as it is going to cost me more than what I paid to have it rectified, on further reflection I would now feel satisfied with a 50% refund. This was offered in the second to last correspondence, which I admit I rejected at the time. 

veryconfused20 said:

I was initially offered half, whereas I was advised to seek full. This is what I stated in my last correspondence that I was looking for, and instead I've been transferred less than a third and threatened if I dispute it. 

Who was advising you to seek a full refund and on what basis?  When there's a dispute like this, there's rarely a right and wrong answer as such, so it tends to come down to negotiation to somewhere in between everything and nothing, although if there's clear objective evidence that the only viable resolution is to repeat the entire process elsewhere at similar cost in order to rectify the mistakes, then that would strengthen your hand in any escalation to independent bodies such as courts or card companies.

An 3rd party hairdresser who I saw to understand what the process for correction should be, aa I didn't trust the judgement of the original stylist. I was told I either need the mistakes reversing, which would be an intricate process, or my entire hair colouring over the top (which sounds simple, but because it's bleach it's a very hefty process to do whilst minimising damage) 

Further to my previous post agreeing with others that you should send a letter before claim and be prepared to sue, it would of course help your case if you have good eveidence.

Do you have any photographic evidence that would support your claim?

Would the 3rd party hairdresser be willing to provide a statement as per above?

Kim_13

Okell said:

I agree that for the sums involved the OP should send a Letter Before Claim and be prepared to sue.  The letter needs to set out the facts, state what the OP wants as a remedy*, and give a deadline for the hairdresser to comply.

Personally I don't think it necessary to send it signed for as it can always be refused.  I'd have thought first class post with a certficate of posting from a post office counter would be sufficient.  Then it's for the addressee to prove that it was never delivered - if they want to continue to play silly games...

In the highly unlikely event that the hairdresser tries to get the police involved, the OP needs to tell the police:

1.  It's a civil matter and nothing to do with them;

2.  She's following what she understands to be the Civil Procedure Rules and is giving the hairdresser every opportunity to resolve the issue before she leaves the OP with no alternative but to go to court; and 

3.  Are the police saying that a citizen exercising their legal rights to sue somebody who has caused the OP a civil wrong amounts to harrassment?

(Removed by Forum Team)


*I presume the OP wants a refund for the service that wasn't carried out with reasonable care and skill, plus the cost of putting it right.

This. OP can also show the police the copies of their three communications if it comes to that, showing that all they’ve done is try to politely negotiate a fair resolution. Also keep pictures indicating that their work wasn’t of the standard expected - you’ll need it to progress a claim anyway.

The company have transferred an amount without approval, and more than that an amount lower than was previously offered by the company. If they were going to transfer anything without approval they should have made it slightly more than previously offered - not less and then threaten the customer. Inviting the customer to consider civil action if still unsatisfied would have been professional, or they could have simply said we will not engage in any further correspondence regarding this matter.  

From the figures the OP might have been sent £50 - they said less than a third and paid £160 originally.