How should i deal with this hairdressing client? Legal question?

Question

This is a follow up to my previous question:

How do i handle this client?

Basically:

1. Fitted a full head of hair extensions

2. Client started complaining about the quality of the hair 10 days later.

3. After speaking to my supplier, they requested the hair to be analysed by them to establish where the fault lies.

4. The client seemed very reluctant to have it analysed, but 3 weeks later sent the hair to my supplier. (All along she was demanding a full refund/replacement and threatening court action)

5. The supplier analysed the hair, and come to the conclusion that after 5 weeks of wear, the hair was in VERY good condition and that there was no problem whatsoever with it. They then sent me a sample of the analysed hair, which i agree is soft to the touch, silky and perfectly fit for wear.

6. The supplier after speaking to my client (to my surprise!) then informed me that they are going to send the client a new batch of hair as a GESTURE OF GOODWILL

7. They strongly stated that it was JUST a gesture of goodwill and generosity and was NOT admitting liability, as the results were thet the original hair was fir to wear. They also stated that i was under NO obligation to re-fit for free considering the original product was not at fault.

8. The client is now demanding that the new batch of hair is fitted for free, and threatening me with court action and trading standards!! I have reminded her that there was NO fault in the first place, and i am in no way obliged to do this!

I suspect this client was looking for a 'free ride' all along, with regards to her actions (Many of her email have contradictions in them)!

She now keeps emailing nearly evey day, i have told her that the case is now closed and no further action will be entered into!!

WHERE DO I STAND LEGALLY
and
HOW SHOULD I DEAL WITH THIS

as it's just getting ridiculous now. I have done my bit, she has got what she wanted!!!

Answer 1

It seems odd that the supplier has got involved, as they are in no way involved in the contract between you and your customer. The only person the customer can sue is you.
There is no legal basis for your customer demanding a refitting. She could sue you for the cost of the original work, if she can prove that the work is not up to scratch - but how exactly can she do this now? Especially as the manufacturer has analysed the product.
She might conceivably have the hair extensions fitted at another salon and then sue you for the cost, but again, in order to win such a case she would need firm evidence of malpractice on your part, which I doubt she has.
I agree that it does seem that this person is just trying to get something for nothing.
What can you do about it?
If you have not already done so, write a letter/e-mail explaining that the extensions were fitted correctly, that the extensions have been analysed by the manufacturer and that there is no case to answer. Explain that you will not entering into any further correspondence and will vigorously defend any legal action making use of the manufacturer's expert analysis to support your case.
After that, do nothing. If you receive a court summons it will be for the small claims court (either demanding a full refund or to cover the cost of another fitting - she cannot demand that you fit the new extensions). You do not need a legal representative for this and I believe that the weight of evidence being on your side, you will win easily, so don't bother with the expense of a solicitor.

Answer 2

Give her a wonky haircut then tell her she now has a right to complain!! I can't stand people that don't want to pay up and try to blame the retailers/suppliers etc. It gives people who really do have problems a bad name. I really cant help you as to what to do but im on your side thats for sure. Unfortunately, as the motto goes, the customer is always right! Your case sounds strong though and it sounds like the suppliers will back you up. Keep some of the complained about hair as exhibit A and some of the replacement hair as exhibit B and let the judge make his decision if the hair was faulty in case it does go to court.

Answer 3

She has no case. You have been more than fair. The supplier should not have given her hair as a goodwill gesture, but that's water under the bridge. Tell her in a very nice way (and I hope you're saving all the emails) that the conversation is over. If she wishes to continue, then let her take you to court. She will lose.

Answer 4

Unfortunatly when running a business you will find clients/customers who will scam you to get free work. For most big businesses that is just part of doing business and they can take an occassional hit. This is what the supplier did, instead of getting involved in an expensive legal dispute they gave away product - an action that they will right-off on their taxes. For us small businesses, we are really stuck - we cannot afford to give into every scam artist and we cannot afford to fight litigation.

Couple of sad facts here: Anyone can sue anyone for just about anything. Just because she does not have grounds to file a lawsuit, doesn't mean she won't. She may go to a legitimate attorney and sing a sad song of what she has lost. The lawyer believes his/her client and files the suit. Or she may find a money hungry attorney who will take her money and sue anyone. Any lawsuit, no matter how frivolous, will cost you money. You will need to pay your attorney and in some cases if you lose, you will be paying the other person's legal fees, court costs, plus damages. It is this potential cost that makes some businesses do gestures of goodwill.

Now you need an attorney who can advise you about the potential of a lawsuit under your state's laws. This attorney can also advise you about responding to this customer and if you should redo her hair OR pay her money to get it redone someplace else -- and of course make her sign a legal release no matter what you do. You may also want to contact your business insurance carrier for advise.

Call you state bar assoc. for an attorney referral or ask other small business owners who they recommend. Good luck.

Answer 5

You should get professional advice on this.

If I were you, I wouldn't answer any more of her emails, but make sure you keep copies of everything she's sent to you and any correspondence you've had with the supplier.

It does sound like she was just in it for a free ride.

I'm fairly sure she won't be able to make you redo the extensions. Especially given that the supplier has said that there was nothing wrong with the product.

Good luck.

Answer 6

like u said she's just looking for a freebie,if the supplier after analysing the hair as well as urself was saying that its good quality then she cant do anything,she could start legal proceedings but i don't think it will get her any ware,I'm a hairdresser and the rule ware i worked was the client is always right but there r some exceptions,like just saying it for a freebie,she would have 2 prove that it was bad quality and its not likely that she can,ignore her emails there just threats to intimidate you,she will stop soon enough.

Answer 7

At the point you're at, you really need legal advice, from a lawyer. Some are willing to write a letter at a reduced rate.

Get a note in writing from your supplier regarding the good will thing.

She can take you to small claims court, etc. but that doesn't mean she'll win.

Sorry you're in this situation. I am sure that if you did do what she wanted, she wouldn't be happy.

Next time you have problems, and if you're in business you will have problems, do things using certified letter.
And get yourself a lawyer to talk to. It urks me that business owners don't have a business lawyer they can call. The money you spend on them for advice, will be better than having to hire them them to take a case to court.

Maria Marsala
http://www.ElevatingYourBusiness.com

Answer 8

You get paid for your time - I would let her go through with court action if she wants to... she will lose. If the hair was good and the fitting was fine then you are safe. I would document all dates and what happened just in case. If someone is not happy with their hair - most people will want that taken care of immediately. Your time is not free... tell them if they want to pursue getting their new hair fitted for free to call the hair supplier and let them deal with getting you paid. Better them than you.

Answer 9

Hi Again Hayley,

This is dragging on a bit.

Keep copies of the e-mails and if she persists this is harrassment contrary to the Protection from Harrassment Act.

Just tell her to seek legal advice before making groundless threats and if she persists in continually harrassing you SHE will be the one in court as the defendant. I suspect she has already been told she has no case or what we call "bar room" lawyers (these are people that have no legal training or legal education but just think they know the law) have told her she will win if she keeps on long enough.

I hope you resolve this problem soon, it must really be getting to you.

Good luck

Answer 10

Wow! She's a piece of work!

Please confirm with your supplier that they clearly indicated to the client that the fitting of the replacement would be the client's responsibility.

I doubt seriously that the supplier would've said it would be done for free since they also want to keep *your* business.

Good luck!