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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13947
Experience:  Senior Associate Solicitor
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Good evenjng, Im the owner of the beauty salon. We has a

Customer Question

Good evenjng, Im the owner of the beauty salon. We has a situation few days ago. Mother of 13 years old girl booked her for highlites. She was texting our hairdresser asking about price. She told her thats it starts from 50£ plus depends how much product she will use, she said ok. They come to the salon, paid 135£ for color, cut, treatment and blow dry. Few days later she sending us complain that she overpaid 51£, and giving me 7day to pay back her many, or she going to the small claims court?
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: Good evening Santara,I’m very sorry and saddened to hear you weren’t happy with the cost of your daughters hair appointment on the 3rd of June and that it has caused you a great deal of stress.I hope I can help explain my costings to you and we can resolve this issue as I’d hate to loose two clients over what’s clearly a miss understanding.Firstly your daughters wait was just 20 -25 minutes, not ideal I agree but given my stylists have worked so hard over the last few weeks to fit everyone in after lockdown I’d hope most could understand every now and again them running behind. I know it was 20 -25 minutes exactly because Reseptionist took a before photo of your daughters hair on her iPhone and the time is there for me to see. However I can acknowledge waiting is not ideal, I do hope you can except my apology and we will do our best to ensure it will not happen on your next visit to Mimosa Beauty Boutique.Unfortunately your daughter didn’t qualify for a child’s cut as this is only offered to children below the age of 13 which is made clear on our price list. Therefore your daughters hair cut was actually £20.You had booked for a T section of highlights on short to medium hair. This however was not what your daughter had. The reasons for this was that your daughter asked for a certain colour. Diana assures me she made it clear to your daughter that she would have to put more colour through the sides of her hair that she would be having a “half a head” of highlights instead. Your daughters hair is also down her back and anything below shoulder length can only be described as long hair which means her colour came to £100 including extra colour to achieve the desired tone. I think we can both agree a lot of work went into her colour.Therefore I can confirm the price was indeed correct for the services your daughter had in the salon:
£80 for highlights ( from 69£ in our price list, for long hair)
£20 for extra colour
£15 for colour treatment
£20 for cut and finishShe left beaming and even wrote to us on social media thanking us for doing a good job. I’m very sorry that the price shocked you and I’d like to offer you a complimentary treatment with your next visit but unfortunately a refund is not possible.Wishing you all the best
ZanetaManager and Owner at Mimosa Beauty Boutique
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think i told you everyrhing
Submitted: 16 days ago.
Category: Law
Customer: replied 16 days ago.
Client respond :Dear Sir or Madam,Thank you very much for your response.We are very happy with your service and there is no complaint about the service received.What we are complaining about is the fact that I have agreed the service and the price, which I have a message from Diana as a proof. I also agreed on the day for the haircut and healthy hair treatment.What appears to have happened according to your statement (email below) is that my child who is 13 years old was asked for additional service. My child is not old enough to make such decisions, especially while I was sitting in your salon at the time and was not consulted for additional services, nor did I agree to these particular additional services in advance. This is in contradiction with 'Consumer Rights Act 2015', in particular Chapter 4 Services and Chapter 2 Unfair Terms.I encourage you read the legislation associated with my raised concern on legislation.gov.ukI am therefore giving you a reasonable notice period to consider a refund for extra charges of £51 within 28 days.If I do not receive a refund from you within 28 days, I will be left with no other option but to proceed the matter to Trading Standards and subsequently Small Claims Court where I will also seek to recover all legal costs from you in addition to my overcharged payment. This is to be taken as notice of this.I hope we can resolve this matter independently, as it would be in the best interest for both parties.I do not require complimentary services from you.Yours Sincerely, *****
Customer: replied 16 days ago.
Before
Customer: replied 16 days ago.
After
Customer: replied 16 days ago.
Her proof from Diana is that Diana text her, our salon prices are from 50£ + depends how much product we will use, and she bring her daughter with long hair, not short/mid lengh as she writing in the latter.
Expert:  JimLawyer replied 16 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 16 days ago.

I would not advise anyone to use the court's resources for such a small claim of £51 - it is hardly worth their while. The court issue fee would be £35 just to get the claim started.
She also left the salon "happy" and prompted the service on social media too - they even replied to say they were happy with the service. So their consumer rights have not been breached in respect of the service itself. All they can allege is that the service was not "as described" in terms of price.
My view is there are no unfair terms in the agreement either. If she wins she can only recover interest at 8% and the court fees (the issue fee and a hearing fee though I doubt there would be a hearing for the claim with it being so modest).
Diana also sent a text message which can be used as proof and the message infers that the price varies according to how much product is used.

I would not be inclined to refund the £51 as I don't see that you have breached her consumer rights.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

If the claim has no merit then you have an option (after your defence is filed) to apply to strike the claim out. The court will consider an application if the claim has no merit, or is misconceived. The application costs £255 but this is recoverable if your application succeeds. If you are on a low income, have low savings or in receipt of benefits then you can ask the court to waive the court fee. If you won the application, the claim is struck out.

The hearing (if the case gets that far and if the court needs one to be able to make a decision) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record. But certainly I think you would succeed in a defence, just to be clear.

I can assist you going forwards if it gets to the point they issue a claim.

Expert:  JimLawyer replied 16 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 16 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 16 days ago.
Thank you very much for your answear, I just wanted to know my rights, and how far it could go.
Beacause before app she said her daughters hair is short/medium, and as we can see in the photo its proper long hair. Im not feelin that our salon done something wrong, as it all was done up to standars.
Expert:  JimLawyer replied 16 days ago.

Yes, I agree with you, I don't see what you have done wrong here either.