Non refundable deposit? Please help!

[frankiefrankie]

I was told recently that i need a hearing aid. I'm only 27 and I have short hair, so to cover it, and cheer me up a bit, I looked into getting hair extensions. I got in touch with a seemingly lovely lady who showed me pictures and told me about her hundreds of clients and that she also works in LA and is going there in a few weeks to do extensions. I went for a consultation in her 'big stylish show flat studio'.

 

She told me that there would be a deposit of £100 to pay which would allow her to buy hair for me if she didn't have my particular colour in stock.

 

Anyways, when I turned up, the alarm bells started ringing. There was no studio, I was in her living room with her big boyfriend in the room aswell. I was glad I'd brought a friend with me. She told me she was going to LA in 10 days to work. I sat down on a stool and she got me to fill in a medical disclaimer that I don't have psoraisis etc. While I was filling in the form she was pulling at my hair, looking at it, asking me lots of questions, and as soon as I'd filled inn the form, she took it away. I asked for a copy and she said I didn't need one because it's just a medical disclaimer.

 

At the end, she asked me to pay a deposit, and I told her I wasn't sure because I needed to think about whether I could realistically wear long hair with my hearing aid due to the amplification of the sound of long hair brushing on against my ear and wanted to wait until my hearing aid arrived and was fitted before booking.

 

She told me that if I waited, she wouldn't be able to fit me in before she went to LA and that the price would go up when she got back. I said again I'd need more time to think. She said that if I pay her the £100, she wouldn't order my hair until that night so I could have a few more hours to think about it and I could cancel before she ordered the hair.

 

I paid and got a receipt. I asked her what day i would get my extensions fitted, and she said she didnt know when the hair would be back so would call me in a week or so. I went to my car and drove off, and immediately knew I'd made a mistake. I went straight back within 5 minutes of leaving and she didn't answer the door. I called her straightaway, no answer. I left her a message asking her not to order the hair that night because I needed to think.

 

She sent me a text message half an hr later saying she'd already ordered the hair, and that the deposit was non refundable. She wouldn't give an inch. I asked her why she ordered it straight away, having told me she wouldn't, and she wouldn't answer me - just saying that if she gave me my money back, she'd be out of pocket. I offered to pay a cancellation fee, and asked how much it would cost for her to cancel or return the order. She wouldn't answer.

 

She won't even give me the hair she claims to have ordered within five minutes of me leaving. She says that I signed a contract that the deposit was non refundable and that if she refunded everyone who asks she'd be out of pocket and that I need to understand she's running a business, and accept the fact that I can't get my money back.

 

I told her that I will take it to small claims court if needs be and now she won't answer my calls, emails or anything.

 

I'm sure I probably can't get my money back, but I'd like to try. I've used money claim online before, but I know I need to send her a warning letter first. Can anyone help me with this? Can someone help me draft a letter?

 

Please help me. I'm even more miserable than when I got told I need the hearing aid now, and I feel like an absolute fool.

[maroondevo52]

Hi,

 

Sorry to read your having problems with this, I'll move this thread to the General Consumer Issus Forum, see if anyone will help.

 

Regards.

 

Scott.

[postggj]

does it state in the contract/agreement that any deposit is non refundable

[frankiefrankie]

The only thing I put my name on was what she called a health questionnaire. It may have mentioned on there a non refundable deposit, but firstly, she got me to sign that as soon as I got there, long before she asked for a deposit and then whipped it away and wouldn't give me a copy, she told me to sign it to confirm that I'd told the truth about any medical conditions, and the whole time I was filling it in,she was distracting me, which I now believe was purposeful.

 

Secondly it specifically said, and says on her website.. "this is to cover the cost of the hair" which as I was unsure about, she promised me she wouldn't buy until later on in case I had any issues. She pressured me into handing the money over saying she was going straight to do another consultation and if that lady paid up first I may not get an appointment.

 

Then, as I was giving the money over, she told me that the hair wouldn't even arrive in the uk for another week, but when it comes into the uk, she'd give me a ring in a week - 10 days, but she was going away in 10 days.

[buzby]

She has your monry, and she's arguing that you paid a deposit, which you do not dispute. It is you who changed you mind, and I'm assuming that if given the chance, she will supply the services you contracted her to.

 

Because you did this on HER doorstep (not yours) you have no cooling off period for a standard contract, but as this was a deposit for a bespoke item, she does have the right to retain the deposit to cover her loss. Issues over whether she had received them are irrelevant, she may have had to pay for them up front.

 

If she doesn't pay - your only recourse is court, and with no guarantee of success.

[frankiefrankie]

I understand that, and the reason I'm questioning this is that she told me specifically that she would not order that hair until later in the day so I could have more time to think about it, as I told her I wasn't sure.

 

When I first asked for a refund within ten minutes, I might add - she told me it was tough, she'd already ordered it. she firstly told me she would try and cancel the order. Then she told me she wasn't going to do this because the deposit is non refundable. All this conversation happened within 30 minutes of me leaving her.

 

Also, she told me to begin with that she keeps a stock of hair and would only need to order mine if it wasn't in stock. So I asked her if she could refund me half and then use the hair on someone ele, or keep it in stock. She said no, called me a liar for claiming she keeps stock (I have it in an email) and said I ant contact her again.

 

She won't even give me the hair she's ordered on my behalf, won't try and cancel the order that I'm not even sure she made, and in fact promised me she wouldn't, vie asked her if I can get mybusband to call her supplier and ask how to return the hair and what the cost will be to her so we can make sure she's reimbursed, she says no.

 

The exact wording is "£100 deposit to cover the cost of the hair. The deposit is non refundable to cover the cost the hair" and then, in person she assured me, in front of my friend that she wouldn't order until later so I could think and get the money back.

 

She has since told me that she got my message at 1.40pm, and that she ordered the hair at 1.50pm. I've clearly been conned.

[frankiefrankie]

That wording is on her website, by the way, She refused to give me a copy of the "health questionnaire"

[buzby]

As you;ve paid for it - why not ask for to be given the hair, and you;ll arrange fitting elsewhere?

[frankiefrankie]

I've already asked her, as I said above. she said I can't have it unless she also fits it.

 

I've asked her for the hair and assured her I won't be getting it fitted so she needn't worry about losing my business to someone else and asked for details of her supplier so I can return the hair for some reimbursement, she says no.

 

Clearly she conned me into paying with the verbal promise that I could get the money back, and clearly the £100 far exceeds the cost of the hair. Furthermore, she ordered the hair AFTER I told her I wanted to cancel.

 

It's not like I changed my mind either, because I made it clear I was unsure, and she told me I could make my kind up later and let her know. Clearly she just wants my £100.

[frankiefrankie]

Can I also just clarify, that I am only really looking for help in drafting an initial letter giving her notice and warning her of court proceedings.

 

Can anyone help me draft a letter?

[buzby]

Unfortunately, paying a deposit brings with it a commitment on both sides. Hers, to complete the task as the agreed price, and you to pay the balance once the job had been completed to your satisfaction. Paying money over establishes the contract. If you wished the flexibility to change your mind, then you don't pay a deposit. Her policies on deposits are known, and any verbal modification or qualification needs to be written or witnessed. If neither, then the original conditions prevail, and will be impossible to prove in court. Your only hope here is a default judgement because she did not appear to answer the claim. But that's brinkmanship and a risky strategy.

[frankiefrankie]

I have a friend who was with me when she talked me into paying the deposit with a promise of still having the day to decide.

 

I have phone records which will confirm that I told her I wanted to cancel BEFORE she ordered that hair (I'm 100% certain that she ordered after I told her I wanted to cancel)

 

I have emails that state that she keeps hair in stock, can use it on different people, and only takes deposits in order to pay for the hair in advance. Since I tried to stop the process before she ordered the hair - I think a court will see things from my side. Especially if she's done this before.

 

Can someone please help me draft a warning letter that unless she tries to resolve this matter that I'll take it to court.

[begum77]

Hii

I was wondering whether you took this matter and was it resolved? I have been in a similar situation recently and was wondering whether it was worth taking to court. My deposit was #250 and the hairdresser didnt order the item either and i changed my mind 10 minutes after handing the cash over. I was not able to see the item first or ==nor was a colour match taken for my hair.

[maroondevo52]

Hello and Welcome begum77,

 

The original poster has not been back to the forum since july 2010, I very much doubt they will come back with an answer for you.

You could start a new thread in this forum...

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?56-General-Consumer-Issues

 

You may find you will get some helpful advice.

 

Regards,

 

Scott.