Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder Senorita79 Novitiate



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    Cagger since : Jul 2016
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    Default Beauty Treatment mishap

    Hi

    If a beauty treatment went wrong despite 1-3 attempts of rectification but it still failed/didn't take, does the customer have any legal right via small court to request a full refund of 300.

    No disclaimer signed
    No Information given about who it is/isn't suitable for ?

    Money taken, no major care given and therapist now becoming immensely abusive via text.

    Tia


  2. #2
    Gold Account Holder BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative BazzaS Authoritative



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    Default Re: Beauty Treatment mishap

    If you are buying a service, that service must be provided with reasonable care and skill (and if not then you have grounds for an action for breach of contract).

    Alternatively, you MAY have grounds for an action for negligence.
    If you are paying someone for a beauty treatment, then they will owe you a 'duty of care'.
    If they breach that duty of care, and harm results directly : you will have grounds for an action for negligence.

    The (likely) issue for both is if they acted with reasonable care & skill, as if they did they wouldn't have breached the contract nor breached their duty of care.
    They may claim they acted with reasonable care and skill : no breach of contract
    (If there was no harm, or no breach of duty of care, then no negligence).

    Can they claim there was no harm done?
    Can they claim they performed the treatment with all due care and skill (and it is just a hazard of the treatment that sometimes it doesn't work)?.


  3. #3
    Basic Account Holder Senorita79 Novitiate



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    Cagger since : Jul 2016
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    Default Re: Beauty Treatment mishap

    Thank you for replying

    It is a hazard that the treatment may not take but shouldn't they warn you of that prior to treatment taking place ? And not continue with further options if they know it won't take.

    I don't think they can claim that no harm has been done as it's semi permanent and they have left a "permanent" mess which is still very visible.


  4. #4
    Royalties Account Holder ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative ericsbrother Authoritative



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    Default Re: Beauty Treatment mishap

    do they have a web site with nice pictures on it showing what you could look like after the treatemnt? This would then give you a "reasonable expectation" of the end result and that will be harder for them to say no, this is not what you get, splodgy eyebrow tattoos are what we normally do or whatever.
    You will need to formalise your approach to this though. Write a letter (not email) and post it or hand deliver it to the owner/manager of the salon and state waht you had done, what your reasonable expectations were and how the remedial action is not satisfactory and what you want as an end result and ask for their response. Give them time to respond (7-14 days will be enough) and if that response is not satisfactory you write a "letter before actionicon" where you reiterate this and then say that if the matter is not resolved you will seek to recover your monies via the county courts. without further notice. Again, give them time to respond and if they dont you may sue them without having to tell them again. This means that any offer after that deadline has passed should also include your expenses in taking the action.



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