Tattoo Deposit County Court Claim

[theymademedoit]

Hi there,
I'm the shop manager of a very reputable tattoo shop and we've just received a County Court Claim regarding a deposit that a customer is trying to claim back.
The shop policy is that all deposits are non refundable unless you give at least 48 hours notice to move or cancel said appointment. Yet after the customer called to cancelled the appointment 2 hours prior to the start time, still feels that she deserves the full deposit refunded.
Where do we stand with this and how is the best way to word the defence?

Thanks in advance

[Amethyst]

Re: Tattoo Deposit County Court Claim

Do you have clearly displayed terms and conditions stating that the deposit is non refundable if you cancel within 48 hours of the appointment ?

When was the appointment booked, and was it for a long time slot that you were unable to 're-sell' ?

How much is the claim against you for ?

It might be a good idea to post the particulars of claim from the claim form to help draft a defence.

[Kati]

Re: Tattoo Deposit County Court Claim

Most of the tattoo shops round here have a refund policy like that (if that makes any difference :noidea and make it known when you book and pay a deposit.

[theymademedoit]

Re: Tattoo Deposit County Court Claim

Yes the deposit policy is clearly displayed in the shop and on email footers yes.

The appointment was booked on the morning of 20th August for 2 people (Sisters) having an hour each at 4.30pm the same day. (So £50 deposit from each person).

The claim is for both full deposits which is £100 and a £25 court fee.

Here are the Particulars of the Claim word for word (including spelling mistakes)
"On 20th August I paid £100 deposit to the Tattoo sho. I was not issued a receipt and they wanted cash. I had to cancel the appointment due to personal reason as well as medical. When I called the shop they refused to refund the deposit and I was god that was in the contract but I have not seen any contract to sign and nor aware of terms and conditions. There was no verbal contract either.
The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 18/08/2016 to 27/08/2016 on £125.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £10.00"

- - - Updated - - -

Most of the tattoo shops round here have a refund policy like that (if that makes any difference :noidea and make it known when you book and pay a deposit.

Yes its a pretty generic policy amongst the Tattoo industry

[Amethyst]

Re: Tattoo Deposit County Court Claim

I was god

There was no verbal contract either.

pmsl - ummm yes there was.

Did she inform you of medical reasons for cancellation ?
Did they visit the shop to book and pay the deposit ?
Did you insist on cash for any reason, and did you issue a receipt, maybe with the appt card ? Must be some record made so you know they had already paid £50 each off the cost of the Tattoo ?

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 18/08/2016 to 27/08/2016 on £125.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £10.00"

Maths aren't her strong point.

Also - 20th August THIS YEAR ?

18/08/2016

ahh yes - is that the date she rang to cancel?

Also when did she initially book ?

Slight lack of preaction protocols there if so.

Ooo also, is your deposit a flat rate or a % of the cost of the service?

[theymademedoit]

Re: Tattoo Deposit County Court Claim

When she called to cancel she said that it was because her husband disapproved.

Yes they were in the shop to book the appointment and pay the deposit.

We only ever accept cash for deposits and full payments, she was given a business card with the deposit amount on it and the time/date of the appointment but we do not retain a copy of this for ourselves.

[theymademedoit]

Re: Tattoo Deposit County Court Claim

Also - 20th August THIS YEAR ?

ahh yes - is that the date she rang to cancel?

Also when did she initially book ?

Slight lack of preaction protocols there if so.

Ooo also, is your deposit a flat rate or a % of the cost of the service?

Yes this year.

No it was booked on the 20th August for later the same day.

The deposit is a flat rate for smaller sessions. We ask for £100 deposit for full day sessions.

[Amethyst]

Re: Tattoo Deposit County Court Claim

Shame you don't keep a copy but I think she's just trying it on and think bunging in a court claim will intimidate you into settling, access to justice is a good thing, but MCOL makes it far too easy for pointless claims to be made sometimes.

II'll give you a hand with a draft defence to get you started off. Probably this evening xxx

Can you pop on MCOL and get the claim acknowledged with intent to defend in full please ( have a look here http://legalbeagles.info/forums/show...it-Court-Claim - ignore the CCA / CPR request bits just acknowledgement)

There's no point rushing the defence, a little bit of waiting never hurt anyone (and you have 33 days from date of issue to submit defence )

Any chance you can do a pic of your deposit sign in the shop and paste your email footer ( not sure if that's relevant in this case though) - also maybe the business/appt card you'd have written it on and given her at the time ( just blank one).

How much would the full price have been if they had gone ahead with the appt ?

[Amethyst]

Re: Tattoo Deposit County Court Claim

Yes this year.

No it was booked on the 20th August for later the same day.

The deposit is a flat rate for smaller sessions. We ask for £100 deposit for full day sessions.

Ah. Okay that needs a rethink then.

[CLL1]

Re: Tattoo Deposit County Court Claim

DEFENCE

1. Save as expressly admitted below, no admissions are made with regard to the Particulars of Claim, and the Claimant is put to strict proof of each and every allegation made therein.
2. In the absence of numbered paragraphs, the Defendant will reply to the Particulars of Claim on a general basis.
3. It is admitted that the Claimant paid to the Defendant the sum of £100.00 in respect of a deposit.
4. The Defendant can neither admit nor deny the reason for the cancellation, however it is admitted that the Claimant purported to cancel the appointment on [date], citing [reason].
5. It is admitted that the Defendant refused to refund the Claimant.
6. As regards the display of terms and conditions, the Defendant has on display very clear signs which, inter alia, govern its refund policy. Copy photographs exhibited at Appendix A show the terms cited within the display and their location. The Defendant avers that the terms on display would have been seen by the Claimant and, therefore, form part of the contract between the Claimant and Defendant.
7. It is denied that there is "no verbal contract". Indeed, on the Claimant's own case, it paid a sum in respect of which services were to be provided, and a contract clearly exists.
8. It is denied that there are any sums due in respect of which interest could accrue, and the Claimant is put to strict proof in this regard. Accordingly, the Claimant’s claim to interest is denied.
9. The court is invited to take the view that this action amounts to an abuse of the court’s process and, using its extensive case management powers, the claim ought to be struck out, pursuant to CPR 3.4(2)(a), with costs for the Defendant on the indemnity basis, or other such basis as the court thinks fit.

[theymademedoit]

Re: Tattoo Deposit County Court Claim

Shame you don't keep a copy but I think she's just trying it on and think bunging in a court claim will intimidate you into settling, access to justice is a good thing, but MCOL makes it far too easy for pointless claims to be made sometimes.

II'll give you a hand with a draft defence to get you started off. Probably this evening xxx

Can you pop on MCOL and get the claim acknowledged with intent to defend in full please ( have a look here http://legalbeagles.info/forums/show...it-Court-Claim - ignore the CCA / CPR request bits just acknowledgement)

There's no point rushing the defence, a little bit of waiting never hurt anyone (and you have 33 days from date of issue to submit defence )

Any chance you can do a pic of your deposit sign in the shop and paste your email footer ( not sure if that's relevant in this case though) - also maybe the business/appt card you'd have written it on and given her at the time ( just blank one).

How much would the full price have been if they had gone ahead with the appt ?

Thanks very much.
I have today registered on MCOL and acknowledged with intent to defend in full.
Here is the deposit sign in the shop front https://www.dropbox.com/s/8xgqu2usrz...18.38.jpg?dl=0
The full price of the completed appointments would have been 2 x £80

[Amethyst]

Re: Tattoo Deposit County Court Claim

Well that is pretty clear ! Thanks for doing that

The only concern I would have is that they only booked a couple hours before cancelling, for an appt on the same day, but I think the sign does override that, although there could be a reasonableness argument, legally I believe you're covered. Also helps she's given different reasons in her POC for the cancellation. Being naughty I'm wondering if we could ask for for evidence of her medical condition under a part 18 request - but that might be overkill on a £100 claim lol.

I see CLL has made a start on a defence, I'll have a better look this evening ( just coming up on school runs time ).

[theymademedoit]

Re: Tattoo Deposit County Court Claim

Thankyou very much CLL1 and Amethyst

[CLL1]

Re: Tattoo Deposit County Court Claim

That's quite alright.

I'm not sure you need much more in the way of a defence. I'm extremely surprised someone has actually sued for such a small sum of money. I haven't come across a claim this low before, but that said, that's only in my professional capacity as a lawyer, and I haven't been posting on this forum too long.

[theymademedoit]

Re: Tattoo Deposit County Court Claim

Hi Amethyst. Did you have anything to add to that supplied by the wonderful CLL1 or and I good to file my defence?