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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Earlier this year I tattooed an individual who later decided

Customer Question

Hi, earlier this year I tattooed an individual who later decided it wasn't what she wanted. Before the tattoo she was made to read and sign a disclaimer form waivering any right for future complaint/legal action and to agree that she is fully committed to being tattooed and was sure it was what she wanted. I was contacted by a solicitor who was instructed by her, I informed the solicitor of the signed consent form and the fact we have no insurance as we are not required by law to have it. Her solicitor dropped the case. Then I was contacted by her personally demanding I deposit a fictitious anount of money for damages in to her personal bank account. As I ignored this she has now instructed a debt collections agency to try and retrieve said fictitious amount from myself. This is making me feel harassed and has resulted in me taking a substantial amount of time off work due to stress and anxiety. I am looking for advice on what I should do
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 8 months ago.
Have you informed the debt collection agency of the signed consent form, which you showed to solicitor?
Customer: replied 8 months ago.
I have only received the letter today so am unable to contact them
Expert:  Ben Jones replied 8 months ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 8 months ago.
Many thanks for your patience. Unless you did a tattoo which was not as requested or of evidently poor quality, the customer will not really have a claim against you, especially if they had signed a form saying they are happy with the design and that they cannot request a refund. So in the circumstances I do not see that they have a valid claim against you, which is why their solicitor probably dropped the claim in the first place. Engaging debt collectors is not really anything which will allow her to get anything from you. They are just there to act as a nuisance and to make threats – they cannot force you to pay anything. So you can safely ignore their requests. The only way for her to actually try and force you to pay anything would be to make a claim in court and win and in the circumstances that is unlikely. So do not worry too much about this. In the meantime you could try and make it clear that this will amount to harassment if it continues, because this is not about reasonable steps in pursuing a genuine debt – it is unfounded. This is your basic legal position. I have more detailed advice for you in terms of the law on harassment and how you can apply it here to your advantage, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you so much, that is very reassuring. The disclaimer form she signed was very comprehensive (I have attached a copy of this). Pursuing an harassment complaint would be something I would be very interested in, as not only has she contacted me to my business address, she has also forwarded copies to my accountants premises which I find absurd. Due to the stress of this ongoing situation I have lost a substantial amount of income and clients through being unable to work as this situation has aggravated existing mental health problems, making me unfit for work.
Expert:  Ben Jones replied 8 months ago.
Thank you. So as mentioned, this conduct could potentially amount to harassment, which could be both a civil matter and a criminal one. The law states that a person must not pursue a course of conduct which amounts to harassment of another and which he or she knows or ought to know amounts to harassment. Although there is no definition of what specifically amounts to harassment, it would usually include alarming a person or causing them distress and must have occurred on at least two occasions. Under criminal law, and if this is reported to the police who then take action, the punishment for harassment can be imprisonment and/or a fine. A court may also impose a restraining order for the purpose of protecting the victim. In addition to criminal action, a civil claim can also be brought against a person who is alleged to be guilty of causing harassment. The courts would award compensation to the victim, something that is unlikely to happen if this is pursued as a criminal issue. So in the first instance the police can be contacted and this matter reported to them as harassment. However, they will not often get involved in trivial disputes so if they believe that this is not serious enough they could refuse to help and advise you that this is a civil matter. In such circumstances, the victim can warn the harasser that their actions are being treated as harassment and that unless they refrain from such behaviour in the future they will be reported to the police and legal action under harassment legislation taken against them.
Customer: replied 8 months ago.
Thank you again, am I correct in thinking the disclaimer form signed by her is enough to cancel out her claims for payment? And would pursuing an harassment claim be something you would be willing to deal with?
Expert:  Ben Jones replied 8 months ago.
Yes the disclaimer is sufficient, you are free to disclaim such matters, you just cannot disclaim liability for death or personal injury, so if it is a matter of her not liking the tattoo then it does not just give her the right to sue you for that. As to harassment, sadly we cannot take on clients through the site so I cannot assist with that, but you do not necessarily need legal assistance and I would not go for legal action straight away anyway, try to warn her first and see if that stops her behaviour

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