Hairdressing customer no win no fee

[sarahhopkins242]

Hi would be so grateful if anyone could help me. I’ve been a hairdresser for 18 years never had this happen before. Basically I did someone’s hair back in July 2020 she came back 3 times each time she changed her mind on what she wanted. In the end she was happy and thankful took photos. A week later I revived a text saying shes not happy and wants a refund. As a good will gesture I did give her one. Think I was in shock .In June 2021 this year I received a letter saying she wants £5000 for her hair being damaged it wasn’t at all. I’ve now received a no win no fee letter saying her scalp was sore… I just need some advise xx

 

[Mark T Jones]

Either ignore and see whare it goes or ask for medical evidence

 

[sarahhopkins242]

Hi it does say she hasn’t been the doctor or medical to prove. Just in shock x

 

[WaveJumper]

If you have insurance cover a phone call to them for some advice would be a very good idea

 

[Fagin2021]

I’m not a legal professional but I’ve seen this sort of thing before with so-called ‘personal injury lawyers’.

To them it’s a game. To win the game, they want you, or your insurance company, to follow the line of least resistance and cough up compensation without disputing the claim.

It may be a phony claim, it may not, but remember that if it ever gets near a courtroom it’s them that will have to prove that their client’s hair/scalp was damaged, the extent of the damage and that it was damaged by you.

As part of the game they will try to trap you into writing something that could be read by a third party (eg. a judge) as an admission, or partial admission of guilt. To this end, they will make statements like “our client claims that you blah blah blah.” Or they will ask you to confirm that “blah blah”.

Don’t get drawn into the trap by engaging with them – at least, not yet. Don’t ask for proof of this or that, medical evidence or anything else. Don’t get upset or into an argument. Just reply politely along the lines of ‘with reference to your letter of (date). I completely refute your client’s claims and allegations.’ Make them come back to you.

If you have business insurance, pass their letter and your response to the claims department.

 

[smallclaimsassistance]

Hi it does say she hasn’t been the doctor or medical to prove. Just in shock x

My role previous to this business was partner in a personal injury firm.

If you have liability insurance, (professional indemnity) call them IMMEDIATELY. They will take it from here. All you need to do is cooperate.

If you do not have liability insurance, it’s now mandatory to provide medical evidence for personal injury claims (always was necessary, but insurers used to make “pre medical” offers to get cheap settlements, which is now illegal).

Also “shock” on its own, without any formal psychiatric diagnosis, is not compensatable. If this is solicitors presenting this claim, and if shock is the only injury, they know this and it’s a try on. If it’s solicitors and they don’t know this, make a mental note not to hire them if you get injured.

Dean

 

[sarahhopkins242]

Thank you, she written to me twice first it was her hairs broken. Now it’s her scalp she’s a compulsive liar…. I’m going to ignore it till I get a court letter x

 

[smallclaimsassistance]

You say “she” has written to you twice. You also say that “no win, no fee” has been mentioned. Do you mean solicitors have written to you on her behalf?

The distinction is critical, because if SHE has written to you, you can, for now, ignore it.

If solicitors have written on her behalf, ignoring it will only make it worse.

Dean

 

[sarahhopkins242]

The last letter was a no win no fee. Letter. Do I have to respond?

 

[Jass T]

What is the time frame of the last haircut to solicitors letter. Also what was her original text complaint. Was it just unhappy, damage to hair or scalp, injury or pain..?

 

[smallclaimsassistance]

The last letter was a no win no fee. Letter. Do I have to respond?

Again, if you’re insured, put it into the hands of your insurers. If you’re not insured, send them a letter entitled “Without Prejudice”, telling them that you deny any and all liability, but even were you to be found liable, you have no insurance and therefore no funds to pay any claim. Keep it short, don’t go into detail.

I’ve used this several times with uninsured clients, and in every case it’s the last they’ve heard of the claim.

Solicitors in these circumstances are effectively working (largely) for free, and only get paid if money is recovered. They’re unlikely to even start if they know that, even if they win in a couple of years time, they won’t get paid.

Dean

 

[sarahhopkins242]

What is the time frame of the last haircut to solicitors letter. Also what was her original text complaint. Was it just unhappy, damage to hair or scalp, injury or pain..?

She messaged a week after her final treatment sayin. Her hair had faded and wants a refund…. And she was going else where…. No mention of hair damage or scalp was back in July 2020… I’ve then had this letter from no win no fee saying she’s had a reaction which is ridiculous because she only had foils nothing touched her scalp. She’s changed the story a few times. It’s now 18 months on xx

 

[sarahhopkins242]

Again, if you’re insured, put it into the hands of your insurers. If you’re not insured, send them a letter entitled “Without Prejudice”, telling them that you deny any and all liability, but even were you to be found liable, you have no insurance and therefore no funds to pay any claim. Keep it short, don’t go into detail.

I’ve used this several times with uninsured clients, and in every case it’s the last they’ve heard of the claim.

Solicitors in these circumstances are effectively working (largely) for free, and only get paid if money is recovered. They’re unlikely to even start if they know that, even if they win in a couple of years time, they won’t get paid.

Dean

Hi dean I really appreciate this advise as it is stressing me. I’m thankful I have photos of her hair. I’m just worried if I respond it’s going to cause more letters. X

 

[Frank the Insurance guy]

Hi @sarahhopkins242 ,

As has been mentioned above, if you have a Liability Insurance policy, you have nothing to worry about and contact your insurance company - they will handle any allegations.

If you do not have insurance, i suggest you follow @smallclaimsassistance advice above and see what happens.

 

[Mark T Jones]

Hi dean I really appreciate this advise as it is stressing me. I’m thankful I have photos of her hair. I’m just worried if I respond it’s going to cause more letters. X

Keep calm - 95% chance they are trying it on.

Take the good advice from @smallclaimsassistance and get on with your life.

 

[smallclaimsassistance]

You may get more letters, whether you respond or not, but this is far more likely if you don’t respond. If they know at the start that you have no insurance (if that is the case) any prudent firm of solicitors will drop the case like a hot brick.

I spent over a decade running cases on the basis of conditional fee agreements (“no-win, no fee“ agreements). Every such agreement must be preceded by a risk assessment which provides a judgement as to the prospects of success, and by implication, whether the firm is likely to be paid. Solicitors’ practices are businesses. They cannot continue running cases with good prospects, if there is no likelihood of being paid even if they win. As I have said, I’ve provided this advice to several clients in similar situations as yours, and in every case, the case against them was dropped immediately this news was received.

I would add that I do not have any detailed information about your case and cannot guarantee that the same approach would be adopted, but it is very likely.

Again, If you have insurance, and I note that you have not commented on this yet, you need to put it in their hands immediately.

Dean

 

[MBE2017]

In addition to smallclaimsassistance advice above, if you do not have insurance against such problems, I would suggest you take it out ASAP, to cover against any problems with any other future clients.

 

[Newchodge]

I’m not a legal professional but I’ve seen this sort of thing before with so-called ‘personal injury lawyers’.

To them it’s a game. To win the game, they want you, or your insurance company, to follow the line of least resistance and cough up compensation without disputing the claim.

It may be a phony claim, it may not, but remember that if it ever gets near a courtroom it’s them that will have to prove that their client’s hair/scalp was damaged, the extent of the damage and that it was damaged by you.

As part of the game they will try to trap you into writing something that could be read by a third party (eg. a judge) as an admission, or partial admission of guilt. To this end, they will make statements like “our client claims that you blah blah blah.” Or they will ask you to confirm that “blah blah”.

Don’t get drawn into the trap by engaging with them – at least, not yet. Don’t ask for proof of this or that, medical evidence or anything else. Don’t get upset or into an argument. Just reply politely along the lines of ‘with reference to your letter of (date). I completely refute your client’s claims and allegations.’ Make them come back to you.

If you have business insurance, pass their letter and your response to the claims department.

Agree with this up to the last line. If you have insurance speak to them before you do anything whatsoever.

 

[Mr Dibb]

Agree with this up to the last line. If you have insurance speak to them before you do anything whatsoever.

My insurance, like I'm sure many do, explicitly states I am not covered if I respond without their approval. So take this advice!

 

[tony84]

Do you have insurance?
Pass it to them. Seriously, your insurance guys will be lovely. You are paying them.

I know we work in different industries but if I get a complaint (I have only ever had one - which was rejected) we have to pass it to the insurers at the earliest opportunity otherwise they may refuse to cover it.

By trying to stop this going to your solicitors, you could be losing out on the cover you have. Pass it to them, that is the best and only advice you need. Let them deal with it, that is their job.

 

[Frank the Insurance guy]

My insurance, like I'm sure many do, explicitly states I am not covered if I respond without their approval. So take this advice!

Although this may be stated on the policy, you may still be covered even if you have responded without insurers approval. I've been involved in many such cases where insurers have got involved later on. I would always recommend getting your insurers involved at the earliest opportunity, but they can still help later on.

One of the key factors is to never admit fault or liability - once you have done so, it is too late!

 

[Michael Loveridge]

You still haven't commented on the question of insurance. This is a critical question - do you have public liability insurance or not? You can't really expect people to give you useful advice if you don't provide the basic information they need.