Client threatening to sue me

[Sarah76]

Hi all, I really need some legal advice please.
Long story short, I have a client who is unhappy with some hair extensions that I fitted.
She was originally happy with the fitting but unhappy with the condition of the hair. I removed them & sent them back to the supplier for testing. Test showed now faults & were returned to me. I told her I didn't want to refit them if she believed them to be faulty, but after being threatened to go to the local newspaper & give my name, I agreed to do it free of charge. We both signed a form that stated she was having a refit against my advice & that I am no longer liable for these extensions. The fitting went well & the client was happy. Almost 24 hours later, she sent me 2 photos & an abusive text. I am not even sure if the photo if of her head and she won't let me see her. I offered to adjust them as she said another extensionist has told her they are too tight & too close together. She refused saying 'You ain't going anyway near my head again'.
She then told me in a number of messages that she would be taking me to trading standards, going to the papers & a solicitor.
I ignored her, then sent her a very professional email the next morning stating that I was sorry to hear that she was unhappy with my work & as already offered, I am happy to adjust them for her. Alternatively she could have a full refund for the original hair extensions & fitting upon removal of the extensions either by myself or another hair professional.
She said she does want her money back, but doesn't want to see me. She has an appointment for s consultation this coming week with another extensionist for new extensions. Therefore she 'needs' her refund before the removal of the extensions that I fitted.
I know she is probably just trying the whole thing on, as she wanted a refund from the start. But to be honest it would be worth every penny of the £255 refund just to get rid of her. She has made my life hell in the last few weeks.
So what I am wanting to know is.. If I give her a refund if £255, can I get her to sign a form stating that I have given her a full refund, which she has accepted. This matter is now resolved, and no further action will be taken.???
Am I allowed to do that? Is that bribery? She didn't ask for a refund, I offered it to her.

Also if this is allowed, would it be legally binding if we both sign it? Would we need a witness?

 

[billmccallum1957]

Does this one customer have the ability to harm your business?

Personally, I would say "see you in court" and let her go for it.

But it's your decision if £255 is worth it.

 

[Sarah76]

She could ruin my reputation as we live in a small town. Am I legally allowed to pay her off & get to sign something that says the matter is resolved & no further action will be taken??

 

[Newchodge]

Sounds like she intended to get the work done and a full refund from day one.

In answer to your question, yes you can request that she sign a disclaimer stating that she has received a refund of £x in full and final settlement of any and all claims arising from the (fitting?) of hair extensions by (you) on (both dates). You should also include, at the start, a sentence to the effect that you are making a refund due to her unhappiness, but this can not be taken as an admission of liability in any way.

You should both sign it, however if she refuses to see you, she cannot get her refund, as she needs to sign it in your presence.

 

[Newchodge]

If you want to draft something up I'll be happy to take a look at it.

 

[GraemeL]

She could ruin my reputation as we live in a small town.

I doubt that she could affect your reputation at all. The counter argument would be that if you give in to her, she will tell her pals and they will try the same.

Having a letter signed by a person like this is, in my opinion, a waste of time. What would you do if, after she has signed it, she still mouths off about the extensions?

Whatever the outcome, don't offer to do any work for her again.

 

[Chris Ashdown]

If she comes to you to get them removed then you refund the full price that's it in full no if's or buts

You will never get 100% happy customers someone will always find some fault either real or mad up and you will just have to accept it for the future

What you can do is take a picture of them after they are installed for new customers and ask them to fill in a comments book about the whole experience. You can print out a before and after to give to them to show their friends and have a comment from them taken straight after the event

 

[Sarah76]

Yes I will be taking photos of my work from now on.

 

[Sarah76]

Sounds like she intended to get the work done and a full refund from day one.

In answer to your question, yes you can request that she sign a disclaimer stating that she has received a refund of £x in full and final settlement of any and all claims arising from the (fitting?) of hair extensions by (you) on (both dates). You should also include, at the start, a sentence to the effect that you are making a refund due to her unhappiness, but this can not be taken as an admission of liability in any way.

You should both sign it, however if she refuses to see you, she cannot get her refund, as she needs to sign it in your presence.

Thank you that is so helpful. I don't mean to sound rude, but do you know this for a fact? The last thing I want is to be prosecuted for bribery!
So many people have told me not to refund her money, but it's just not worth the stress & worry. I just want to put an end to all of this & obviously don't want her coming back & demanding more money or trying to sue.

 

[Newchodge]

Thank you that is so helpful. I don't mean to sound rude, but do you know this for a fact? The last thing I want is to be prosecuted for bribery!
So many people have told me not to refund her money, but it's just not worth the stress & worry. I just want to put an end to all of this & obviously don't want her coming back & demanding more money or trying to sue.

Not a problem. Yes, I do know it for a fact. Lawyers do it all the time.

 

[Sarah76]

So it's ok for me to put a letter together for her to sign even though I am not a solicitor?

 

[MOIC]

Yes, absolutely.

She only has to acknowledge and agree what you say in the letter and not necessarily sign it.

If she acknowledges and agrees to your letter/email, this will constitute an agreement.

When she agrees, then send her the refund.

Best get rid of this type of "customer".

 

[Sarah76]

Not a problem. Yes, I do know it for a fact. Lawyers do it all the time.

Would I need someone else to witness it?

 

[Sarah76]

Would I need someone else to witness it?

And also is ok if it's written by myself rather than a solicitor?

 

[MOIC]

You don't need a witness.

You can write it yourself.

If Newchodge has offered help to ensure it's correctly written, take her advice.

Good luck

 

[Newchodge]

Yes, absolutely.

She only has to acknowledge and agree what you say in the letter and not necessarily sign it.

If she acknowledges and agrees to your letter/email, this will constitute an agreement.

When she agrees, then send her the refund.

Best get rid of this type of "customer".

While this is probably true, you may need proof that she has acknowledged this. I think a signature is preferable, and I would request one in Sarah's presence, even if it is at a third party location.

 

[MOIC]

A return email acknowledging the letter and agreeing to the terms will be sufficient proof.

Given that the customer has stated that she does not want to see the OP, it's probably the best outcome.

It's £255 . . . . .

 

[Sarah76]

Thanks everyone. I'm just worried she will come back a month later demanding more money or threatening to sue. Plus I don't want to get into any trouble myself.

 

[MOIC]

Include the phrase . . . .In full and final settlement.

As well as . . . . .No further action to be taken on their part, including any threats they have made previously.

Get your extensions back.

Get Newchodge to look at it before sending.

 

[Sarah76]

Ok here goes....Also do I need to put my name, or my business name, or both?

This is a contractual agreement between ...................and.............................
I,..................... agree to give my client................................. a refund of the value of £255.
This refund is due to my client's unhappiness with the service that I provided.
This can not be taken as an admission of liability in any way.
The refund of £255 is a final settlement of any and all claims arising from the fitting of hair extensions by ................ on both 15th June 2016, and 25th August 2016.
The client accepts this refund of £255 and agrees that no further action against .......................will be taken.
Both parties accept that any defamation may result in prosecution.

signed................................................ signed...............................................
date................................................... date....................................................
print name............................................. print name.............................................

 

[Sarah76]

Ok here goes....Also do I need to put my name, or my business name, or both?

This is a contractual agreement between ...................and.............................
I,..................... agree to give my client................................. a refund of the value of £255.
This refund is due to my client's unhappiness with the service that I provided.
This can not be taken as an admission of liability in any way.
The refund of £255 is a full and final settlement of any and all claims arising from the fitting of hair extensions by ................ on both 15th June 2016, and 25th August 2016.
The client accepts this refund of £255 as a full and final settlement and agrees that no further action against .......................will be taken. This includes any threats previously made by the client to ................................
Both parties accept that any defamation may result in prosecution.

signed................................................ signed...............................................
date................................................... date....................................................
print name............................................. print name.............................................

 

[Newchodge]

Ok here goes....Also do I need to put my name, or my business name, or both?

This is a contractual agreement between ...................and.............................
I,..................... agree to give my client................................. a refund of the value of £255.
This refund is due to my client's unhappiness with the service that I provided.
This can not be taken as an admission of liability in any way.
The refund of £255 is a final settlement of any and all claims arising from the fitting of hair extensions by ................ on both 15th June 2016, and 25th August 2016.
The client accepts this refund of £255 and agrees that no further action against .......................will be taken.
Both parties accept that any defamation may result in prosecution.

signed................................................ signed...............................................
date................................................... date....................................................
print name............................................. print name.............................................

No it's not good enough it needs to include the words 'in full and final settlement'

I am sorry, but I don't have the time to do this from scratch. Finda a free half hour lawyer and get them to do it.

 

[GraemeL]

Still say don't bother with it, because you wont do anything if the customer does not abide by it.
G

 

[Newchodge]

Still say don't bother with it, because you wont do anything if the customer does not abide by it.
G

The main point being that the customer may take further legal proceedings, which will be immediately stopped on production of a proper disclaimer notice.

 

[smallclaimsassistance]

If you would like one drafted for you, I'd be happy to help, but cannot do it until Thursday. I understand that may be too late. If it's not, post here, or PM me if you would like some assistance.

Dean

 

[boring-friday]

She could ruin my reputation as we live in a small town. Am I legally allowed to pay her off & get to sign something that says the matter is resolved & no further action will be taken??

No she can't if she goes to your local paper with that then just tell them your side of the story and it will be amazing publicity for you. Assuming you have a legit supplier etc
Everybody knows some people have ridiculous demands and sounds like you've done everything right.
Only mistake I'd say you'd made was giving her anything for free.

Sorry for my language but **** her, she sounds like scum, very little chance of people like that ever following through with their threats either. I sell quite a bit online so get these sorts of things literally once a week or more and never had anyone actually do anything

 

[Sarah76]

If you would like one drafted for you, I'd be happy to help, but cannot do it until Thursday. I understand that may be too late. If it's not, post here, or PM me if you would like some assistance.

Dean[/QUOT

i

If you would like one drafted for you, I'd be happy to help, but cannot do it until Thursday. I understand that may be too late. If it's not, post here, or PM me if you would like some assistance.

Dean

How much will that cost please?

 

[Sarah76]

She has made it quite clear again tonight that she does not want to see me. She has sent another photo which does not look like my work. I suspect she has tampered with to get her money back. She claims she is still in agony after 4 days, yet still refuses to let me rectify any problems.
I highly doubt that she will sign a form in my presence.
Can I post a letter to her? Stating that when I have received a signed copy of the agreement I will send her refund via a cheque in the post or by bank transfer?

 

[smallclaimsassistance]

Sarah, I have sent you a private message. Let me know if you would like me to help.

Dean

 

[Sarah76]

As I explained to Dean, above. I really need to get this matter resolved ASAP.
If anyone could take a look at this for me and give their opinion please.


Dear .............................
If you are still in pain, I must urge you to have your extensions either adjusted or removed as soon as possible.
I have offered to do this for you on two occasions, whereby you declined.
Once again, if you are unhappy with your extension fitting I am more than happy to rectify the problem by either adjusting or removing the extensions.
Technically there is no refund to give, as you were not charged for the fitting in question on Thursday 25th August 2016.
However, as a good will gesture,I am willing to give you back the £255 that you originally paid on 15th June 2016.
The payment of £255 in full and final settlement is a result of my clients unhappiness with the service that I have provided. This can not be taken as an admittance for liability in any way.
I ..................... owner of Beautiful Extensions by ........, hereby agree to pay my client ....................the sum of £255 in full and final settlement of any and all claims arising from the fitting of the hair extensions by .................., owner of Beautiful Extensions by ........... on 15th June 2016 and 25th August 2016.
The client, .................................. accepts the payment of £255 in full and final settlement and agrees that no further actions will be taken against .......................,owner of Beautiful Extensions by ....................... This includes all threats that have previously made by ......................to ..................................., owner of Beautiful Extensions by ............., by text message, email, or private Facebook message.



Signed........................................................................... ..............., owner of Beautiful Extensions by ..........

Date.................................................................................................



Signed .......................................................... .........................., The client.

Date..................................................................................................

Once you have signed a copy of this agreement, please return it to me either in person or by post.
I can then post you a cheque, or have the money electronically transferred into your bank immediately.
I wish to receive your extensions by post after their removal.

This matter is now resolved and I wish you well in the future.
Regards,
................................

 

[Root 66 Woodshop]

sorry, but I'm confused...

you said...

Hi all, I really need some legal advice please.
Long story short, I have a client who is unhappy with some hair extensions that I fitted.
She was originally happy with the fitting but unhappy with the condition of the hair. I removed them & sent them back to the supplier for testing. Test showed now faults & were returned to me. I told her I didn't want to refit them if she believed them to be faulty, but after being threatened to go to the local newspaper & give my name, I agreed to do it free of charge. We both signed a form that stated she was having a refit against my advice & that I am no longer liable for these extensions.

So she's already signed a form - that waivers her rights - and removes you from liability... yet she is still trying to claim the £255 ...

Personally, I'd re-email it back to her and tell her to feck off... sorry... you've already given her your professional opinion on the extensions and she's still requested to have them to be re-fitted.

Let her take you to court... I'm pretty certain with the presentation of above letter - she'll be laughed out of court.

 

[Sarah76]

sorry, but I'm confused...

you said...



So she's already signed a form - that waivers her rights - and removes you from liability... yet she is still trying to claim the £255 ...

Personally, I'd re-email it back to her and tell her to feck off... sorry... you've already given her your professional opinion on the extensions and she's still requested to have them to be re-fitted.

Let her take you to court... I'm pretty certain with the presentation of above letter - she'll be laughed out of court.

No I haven't sent her the email yet. I wanted advice first.
I am hoping to take this to her/ post through her letterbox in letter form for her sign when I hand over the money.
I am happy to pay her to get her out of my life

 

[The Resolver]

I do have a form of settlement that contains an obligation to not post public comment without such amounting to blackmail but I would not suggest that route as yet. The problem is that, short of outright defamation of you, once you sign and pay, you lose all ability to challenge effectively in the eyes of the public any social/print media comment she makes in breach of the settlement . She only needs to say it was not acceptable and you refunded. No words from you saying you did not accept liability will help you in the eyes of the public. The breach of the agreement not to post simply gives you a right to sue that can only aggravate matters further,

Here's a better strategy to follow.

1. You should firstly write and insist on her attending your salon in order for you to examine the extension. Her refusal should be your response to any criticism. If you settled without inspection then its going to be harder for you to be believed when you say you did not think there was anything wrong with it. She will say you did not see it so you could not say one way or the other.

2.You should comply with your legal obligations under paragraph 19 of the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 and send her the name and website details of one of the ADR services approved by the Chartered Trading Standards Institute and listed on the EU's ODR Portal. I know personally many of those running these services and, if you PM me, can suggest who to list. Some are mediation based which I recommend whereas other are arbitration, a third party imposed outcome. You should also say that you will comply with the service (although it is not obligatory in law).

The precise duty under paragraph 19 is:-

"(2) Where a trader has exhausted its internal complaint handling procedure when considering a complaint from a consumer relating to a sales contract or a service contract, the trader must inform the consumer, on a durable medium—

1. (a) that the trader cannot settle the complaint with the consumer;
   
2. (b) of the name and website address of an ADR entity or EU listed body that would be competent to deal with the complaint; and
   
3. (c) whether the trader is obliged, or prepared, to submit to an alternative dispute resolution procedure operated by an ADR entity or EU listed body "
   
   If she refuses to use the service then that adds another response you can make to any adverse social media comment,
   
   

 

[HFE Signs]

Unfortunately some people go through life looking for things to complain about, I wouldn't lose any sleep over it. You've clearly already done everything you can to resolve it, you've lost money and time. No matter what you do she is likely to remain unhappy. She can't damage you at all, people will already know what shes like. Keep calm and carry on.. Even if it did go to court, you have done all you can already, you have a good case.

 

[Gecko001]

I agreed to do it free of charge. We both signed a form that stated she was having a refit against my advice & that I am no longer liable for these extensions.

I would pay up. You will not have a leg to stand on in court in my view. If the hair extensions that you refitted were faulty, you should have not refitted them no matter how much the customer wanted them fitted.

 

[Newchodge]

They weren't faulty, they had been examined and cleared. She didn't want to refit them because the customer had claimed they were faulty. Slight technical difference there.

 

[Gecko001]

They weren't faulty, they had been examined and cleared. She didn't want to refit them because the customer had claimed they were faulty. Slight technical difference there.

I did not read that properly so my mistake There was a "now" instead of a "no faults" in my defence!

However if the phrase "against my advice" was used in this form that was signed, anybody reading that form would assume that it was her advice as a professional hairdresser. In fact her advice as a professional hairdresser, after getting the extensions tested, was that they could be refitted.

Also saying that that "she was no longer responsible" for the extensions would probably not stand up in court as a valid disclaimer.

 

[Root 66 Woodshop]

Sorry, for sounding thick here but... you first stated...
and I quote... again...

Hi all, I really need some legal advice please.
Long story short, I have a client who is unhappy with some hair extensions that I fitted.
She was originally happy with the fitting but unhappy with the condition of the hair. I removed them & sent them back to the supplier for testing.

Test showed now faults & were returned to me.

I told her I didn't want to refit them if she believed them to be faulty, but after being threatened to go to the local newspaper & give my name, I agreed to do it free of charge.

We both signed a form that stated she was having a refit against my advice & that I am no longer liable for these extensions.

As I'm reading above... you've removed them once already - you've then put them back in under duress... i.e. she wanted them back in despite you suggesting not to do so - you've then signed a form stating that you are no longer liable for these extensions... She is now kicking off and threatening to sue... After having them put back in despite your reservations... yes?

I've made them larger for me to understand... sorry.. don't want you thinking I'm taking the mick here... but... you then replied with...

No I haven't sent her the email yet. I wanted advice first.
I am hoping to take this to her/ post through her letterbox in letter form for her sign when I hand over the money.
I am happy to pay her to get her out of my life

Forget about the email... did you or didn't you remove them after her initial complaint?

did you send them off for testing - do you have evidence of this? i.e. a returned documentation from the place that you sent them too... i.e. manufacturers?

if you have everything to prove that you've done above and beyond to treat the customer correctly, even to the point of initially suggesting you were to give her her money back... but she insisted that you put the extensions back in FOC... then you've done no wrong... let her take you to court, take all your evidence with you...

Pardon my french, she's taking the p*** and taking you for a ride... let her try it on - let her suffer in court. You've been more than fair already.

 

[The Byre]

Dear @Sarah76,

Stop fannying about and decide on who you are. Either you are (1)conciliatory Sarah, or (2)steady-eyed Sarah, or (3)litigious Sarah.

You really have to pick one of the three!

1. Give her everything she wants, including money, in exchange for a piece of paper.

2. Follow @The Resolver 's advice to the letter.

3. Follow the path as outlined by @Haunted Worlds and tell her "Stuffed - get! Rearrange into a well known phrase or saying!"

Being threatened by dickheads just happens now and then. It very occasionally happens to us. We always go down the "Stuffed - get!" route, unless of course, we screwed up, in which case, we move Heaven, Earth and Mrs Millie Toolie of 17 Oil Drum Lane, Wandsworth, to make sure that the customer is happy.

I would not want to be a hairdresser, for the simple reason that you get a great number of ugly people in there. A pretty girl doesn't need some magic hairdo - in fact, the more dishevelled she looks, the prettier she will look.

But your ugly customer with a face like Toad-of-Toad-Hall, will look in the mirror (after blowing £250 on some hair extensions, £80 on a facial and £50 on makeup) and realise that she still looks like Toad-of-Toad-Hall, but with nice hair, smooth skin and sculptured eyebrows!

It must be a bit like the mirror scene from What Ever Happened to Baby Jane?

She sees the hair extensions and that face and it is a toss-up between asking for her money back and feeding her crippled sister with a dead rat!

 

[jasonp]

this whole thing will go with you and against your client. the court will accept the waiver and throw her case away and also the court will look in what you tried to do in resolve the compliant. refunding full amount and assisting further help is acceptable and will go against your client. no damages have beeno made and to be fair of she right any false information about your business you can sue her for damages.