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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a letter before action letter. We are a hair

Resolved Question:

hello,
I received a letter before action letter. We are a hair salon and carried out a makeover with photoshoot for a lady. When we finished she was happy with the result. We offered them photos of the makeover to make them more happy (although the ad doesn't say that we're supposed to) but didn't say when these will be sent to them. They called us not much later they left demanding the pictures. We said we would send them soon. After this they started a defamatory campaign on our facebook page. We called them and offered them to send the photos earlier then expected within a day (although we're not supposed to send photos). Despite of this they continued with the defamatory campaign which has been very damaging to our business up till now. Firstly they addressed me on the letter although I wasn't the one who carried out the treatment. Would they still be able to sue even if they are suing the wrong person? I'm the director of the company though but my wife carried out the treatment (who is also the director of the company)
They are demanding their money back plus travel costs and lost day at work.
Secondly I'd like to sue them for their defamatory comments on facebook which was really damaging my business and private life.
My question is how would I need to approach this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Did she pay the salon or the individual please?
Alex

Customer: replied 1 year ago.
The individual. My wife. I wasn't there.
Expert:  Ash replied 1 year ago.

Are was the stylist self employed?

Customer: replied 1 year ago.
Employed in the company. She's also director of the company
Expert:  Ash replied 1 year ago.

Ok, it's bad news I am afraid. As owner you are vicariously liable for the actions of your employee.

I don't think you need to give the money back, because you delivered what was promised.

You can sue for defamation, but you need to firstly show that you have suffered serious harm as a result.

Secondly you would need to issue proceedings in the High Court. The cost to even issue the claim would be £480

However you don't need to give the money back or anything else. You delivered what was agreed.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 1 year ago.
What shall I do then? Reply for his letter or wait until it gets to court?
Expert:  Ash replied 1 year ago.

I would reply and say you are not paying anything. Even if it goes to court on their side it would be a small claim

Does that clarify? Alex

Customer: replied 1 year ago.
Can they win it though? What would be the court cost?
Expert:  Ash replied 1 year ago.

Unlikely they would win. You did what was agreed. Even if it's a small claim you are only liable for the court issue fee and hearing fee.

Does that clarify? Alex

Customer: replied 1 year ago.
Would you be able to help to draft a letter?
Expert:  Ash replied 1 year ago.

Sadly I a, not allowed to be instructed as this is a question and answer site. I am sorry. Alex

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