Responding to a refund request / pre-court letter?

[redbulluk]

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 (using the wrong product) 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.

[redbulluk]

Re: Responding to a refund request / pre-court letter?

I didn't receive any replies to the above post, but I'll try again as 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 a 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?

[pt2537]

Re: Responding to a refund request / pre-court letter?

Hi there

Ok well firstly can you confirm when the goods and services were supplied? Ideally the date they were fitted as this would be the starting point.

If you can let us know, it will help us to advise. Id also ask, how long was it since the items were fitted that the customer drew the defects to your attention?

Cheers


Paul

[pt2537]

Re: Responding to a refund request / pre-court letter?

Also, the customer used another hair dressers you say and they used the wrong tool, is it possible that the use of the wrong tool in your partners opinion would cause t he hair loss complained of?

[redbulluk]

Re: Responding to a refund request / pre-court letter?

Hi there

Ok well firstly can you confirm when the goods and services were supplied? Ideally the date they were fitted as this would be the starting point.

If you can let us know, it will help us to advise. Id also ask, how long was it since the items were fitted that the customer drew the defects to your attention?

Cheers


Paul

Thanks Paul


27/12/16 1st Fitting


09/02/17 Maintenance completed (removal and refitting) - no problems and message received a few days later to say thanks


19/3/17 Client messaged asked about the hair colour for "her friend" and saying she'd taken hers out herself


21/03/17 Client messaged saying she'd been to a hairdresser for removal, who'd struggled (causing hair loss and damage). Asked what product should be used and asked for a refund


21/03/17 Advised the client of the correct product which should be used to remove


22/03/17 Client complained the tape was stuck in her hair, and stated which product had been used (incorrect one)


23/3/17 First template "pre-court" letter received


2/5/17 2nd template "pre-court" letter received

[pt2537]

Re: Responding to a refund request / pre-court letter?

Thanks,

It seems to me that the issue here may well be the potential negligence of the third party in removing the items without the correct tool.

If the items were installed in accordance with manufacturers guidelines, and the item did as it was expected to do, then it may well be that the consumer is writing to the wrong party.

Furthermore, they are quoting the wrong legislation, the Sale of Goods Act wouldnt have applied here, it would have been the Supply of Goods and Services Act however since the contract was formed in 2016, this would fall under the Consumer Rights Act 2015.

Perhaps a short letter back advising the consumer to get legal advice, as they are reliant on the wrong laws. and in any event you deny liability as the items were removed in error outside the guidance of the manufacturer and therefore the items cannot be said to be not fit for purpose.

I cannot see your partner has done anything wrong, if what you say is correct although others may disagree

[redbulluk]

Re: Responding to a refund request / pre-court letter?

Thanks so much.

Our opinion is that there actually was no hairdresser - more likely a friend. The client sent photos of her 'damaged' hair, and my girlfriend recognised the table from her home (my girlfriend is mobile).

In response to your previous question - my girlfriend advised using "oil based extension remover". The client claims the hairdresser used "oil spray" which is different. Easily confused I guess, but then that's why she should have used a professional.

We'll draft an appropriate reply. I hope the prospect of paying for a legal professional will be enough to put her off pursuing it further.

[pt2537]

Re: Responding to a refund request / pre-court letter?

Thanks so much.

Our opinion is that there actually was no hairdresser - more likely a friend. The client sent photos of her 'damaged' hair, and my girlfriend recognised the table from her home (my girlfriend is mobile).

In response to your previous question - my girlfriend advised using "oil based extension remover". The client claims the hairdresser used "oil spray" which is different. Easily confused I guess, but then that's why she should have used a professional.

We'll draft an appropriate reply. I hope the prospect of paying for a legal professional will be enough to put her off pursuing it further.

No problem at all.

let us know if you need anything else