Being sued by a fruit loop!

[redlottie13]

Hey guys so adding on from one of my most recent posts.

The girl who went from a copper base 5/ 6 to a clean ash 10 during a colour correction is sueing me! [emoji37] (Using a no win no fee.....ovbiously )

So a brief outline.
*Full colour consultation was carried out I explain like I do with every client that there will be damage as you we are going over artificial colour and lifting 4/ 5 levels.
* Explained she WILL need it cut afterwards (family member was doing this as she's a hairdresser )
*Sat in my chair during process: (back2back foils using blonde me, low and slow method, starting at the back so I can rinse earlier if needed)
....Client explains she has complained to every salon she's been too[emoji55]

...brilliant I thought!

*4 weeks later she complains her hair is damaged beyond repair!
(Surely if I damaged her hair it would be apparent as soon as she sat in my section after having it shampooed?
....It wasn't and I have pictures of the finished result)

*I was professional but firm (she tried to get me to admit fault with various psychology tricks that I'm familiar with )
*After lots of emails and harassment I offered a treatment as a good will gesture.
* During this time she goes on holiday and styles her hair everyday. (Even though I told her minimum heat & maximum moisture! Lots of treatments (I recommended kerastase )


Now I receive a letter saying she's suing me for negligence and not using the product properly?!


Helllllp I'm sick of humans [emoji173]️

 

[redlottie13]

Sidenote:
She has harraassed me and absolutely slated me on forums and social media (screenshots have been kept)....I want to counter sue her for libel but how do I prove this ??....pretty hard I can imagine! Has anyone been successful doing this?

 

[charlottehair]

@AcidPerm

 

[Jake nattrass hair]

Your insurance will have there own legal team. They will ask for all the information necessary and will put in a counter claim and it’s left for them to battle It.
X

 

[redlottie13]

Your insurance will have there own legal team. They will ask for all the information necessary and will put in a counter claim and it’s left for them to battle It.
X

I know......But scares the hell out of me that shes got a case.

Even though we work our butts off but there's always some little freeloader trying it on!

 

[Jake nattrass hair]

Honestly unless she has hard evidence that documents permanent damage to the hair or hair loss i would imagine it’s very difficult for her to prove.
As long as you have documented everything you have used, why you used it and that you’ve followed manufacturers guidelines.
Please don’t worry, the no win no fee company generally don’t take on cases they think they will lose as they won’t just throw money down the pan (so to speak).

 

[AcidPerm]

....Client explains she has complained to every salon she's been too

Have you received court papers or just a solicitors letter? I’m assuming it’s a solicitors letter because she clearly hasn’t got a case.
She has to prove you were negligent AND caused permanent harm.
Virtually impossible!

I personally wouldn’t bother my insurers because they’ll inevitably pay off the client as it’s cheaper than employing lawyers at a hefty hourly rate £££ and then your premiums go up. That’s what she’s expecting and I suspect she’s done it before to other salons.
Fraudulent injury claims are ‘good business’ for certain types of people.

If it was me, I’d visit a solicitor to send her a cease and desist letter for the online harassment and I’d just ignore her solicitors letter.

 

[AcidPerm]

Your insurance will have there own legal team. They will ask for all the information necessary and will put in a counter claim and it’s left for them to battle It.
X

That’s pretty unlikely unless the salon admits they made a mistake to their own insurance company.
Insurers will just offer the client money to drop the case.
A few hundred quid is cheaper than lawyers fees and that’s what the client and her shabby solicitors are banking on.

 

[Freelancetrainer]

I wouldn’t bother contacting the insurers either. Let her do all the work. And meet all legal costs in doing so. If she sends a solicitors letter just write back stating the facts. You did a full consultation which is all documented. Don’t send the proof though. That just lets them see exactly what they need to disprove and would be giving them ammunition to twist against you. State she went in holiday (hot climate?) ,most likely causing further damage from uv rays. Remain confident in the knowledge that you acted professionally. The less you do to help her, the more costly it will be for her or her solicitor. And ban her from your salon. Block her number from your phone and social media. If she wants to contact you she can do so through a solicitor at her expense.

 

[Freelancetrainer]

Also. If you know the other salons she’s visited you could approach them and ask if she’s complained there or threatened legal proceedings etc and get a statement to that effect from them.

 

[Piercednige]

Sounds like a right nightmare.

The only problem I would worry about is that you offered her a complimentary treatment... even though this is a 'good will gesture' it can also be twisted that you have admitted liability. Why would you give something for free of you don't think you're at fault is what they say.

I personally think she is trying to make as much noise as possible in the hope that you try and pay her off. She will soon get bored.

If she didn't buy any of the recommended home care and ignored your advice then she hasn't followed the correct after care procedure.

Why didn't her family member hairdresser do her hair in the first place so she's probably lying about that too.

 

[redlottie13]

Also. If you know the other salons she’s visited you could approach them and ask if she’s complained there or threatened legal proceedings etc and get a statement to that effect from them.

Yeah I did think this however, will they even tell me?

X

 

[redlottie13]

I have contacted my insurance (through salon gold) and they were fantastic. They said if you try to deal with it yourself although he understood why I attempted it, it can be detrimental to my case if and when they proceed (no win no fee are notorious for it) and they can decide not to help me as I have delayed my claim.

He said given the evidence he thinks my case will be fought!
He also said they don't pay out will nilly anymore due to the increase in claims we have these days, they always fight it unless there is fault on the salons part Xx

 

[House Beauty]

Hey guys so adding on from one of my most recent posts.

The girl who went from a copper base 5/ 6 to a clean ash 10 during a colour correction is sueing me! [emoji37] (Using a no win no fee.....ovbiously )

So a brief outline.
*Full colour consultation was carried out I explain like I do with every client that there will be damage as you we are going over artificial colour and lifting 4/ 5 levels.
* Explained she WILL need it cut afterwards (family member was doing this as she's a hairdresser )
*Sat in my chair during process: (back2back foils using blonde me, low and slow method, starting at the back so I can rinse earlier if needed)
....Client explains she has complained to every salon she's been too[emoji55]

...brilliant I thought!

*4 weeks later she complains her hair is damaged beyond repair!
(Surely if I damaged her hair it would be apparent as soon as she sat in my section after having it shampooed?
....It wasn't and I have pictures of the finished result)

*I was professional but firm (she tried to get me to admit fault with various psychology tricks that I'm familiar with )
*After lots of emails and harassment I offered a treatment as a good will gesture.
* During this time she goes on holiday and styles her hair everyday. (Even though I told her minimum heat & maximum moisture! Lots of treatments (I recommended kerastase )


Now I receive a letter saying she's suing me for negligence and not using the product properly?!


Helllllp I'm sick of humans [emoji173]️[/QUOTE

Hi, you’ve done everything right. Make sure your legal representative makes it clear that she said she has complained to every place she’s been to.

If she said where she’s been, ask them about it. If she’s been leaving a trail of suing people then she won’t get a penny off you. She may aswell have said ‘I’m going to complain to you’ by saying ‘i complain to everyone.’

Was this letter written by her or was it a court summons?

If she just wrote you a letter, then legal there is no obligation. I would call your insurance, tell them exactly what she said etc and this letter.

If it’s a court summons get representation immediately.

Either way, do not speak another word to her.

Don’t not say the word sorry in any way. No ‘sorry you feel that way’ no ‘sorry you don’t like it’ nothing. It would be accepting liability.

Do not write about it on social media, do not talk about it to anyone that knows her. If she engages you on facebook, do not respond - discussing it with her publicly will break confidentiality so she can use that against you.

This will be a tough road, but you will get through it. People do every day. Be strong.

These no win no few people won’t be interested once they find out she’s a liar and that you do your job properly. You need money to sue someone properly.

Also, if this is emotionally damaging you, go to your doctor. Don’t let your mental health get damaged because of a money grabber.

 

[redlottie13]

Thank you!

Yeah it's a no win no fee solicitor letter I've received.

She's slated me on socials and I haven't engaged at all.
The only reason I offered her a complimentary treatment as a good will gesture was to get her off my back, she sent over 15 emails [emoji33]

 

[House Beauty]

Yeah I did think this however, will they even tell me?

X

Thank you!

Yeah it's a no win no fee solicitor letter I've received.

She's slated me on socials and I haven't engaged at all.
The only reason I offered her a complimentary treatment as a good will gesture was to get her off my back, she sent over 15 emails [emoji33]

Crikey! Well done. I had someone try my insurance so I know how it feels. They gave up eventually when my insurers asked why she had tried suing so many people and why she told me she was in financial difficulty but still having a treatment, then lying about an allergy but telling me after I’d done it. She just stopped, never heard a word. Blocked her from everything and never saw her again. We had actually worked together (I was only part time Beauty back then). Really take care of your wellbeing, it’s the most important part and it will help you through. I was completely torn apart and I was at a really low point for years because of her. I only hope you can escape too! If not, what’s a bit of money in exchange for your happiness I figure.

 

[Jake nattrass hair]

Glad you got in touch with your insurance, this is why we have these things in place. My point made exactly

 

[Patricia Bearcroft]

Hiya just a quick point, I have had this before like nearly the same letter to letter what you have said,

I rung my insurance to pre warn them but they actually said to me "we do not cover hair damadge" [emoji44][emoji44][emoji44][emoji44][emoji44]

I was like WHAT????

They said they only cover scalp damage as the wording states client come to bodily harm

Liability insurance dosnt cover hair damadge as they do not class hair as part of the body!

And that was with the insurers though the FHA! Crazy! I am just about to renew and going to look at the policy wording before I go with any one else!


Keep all screenshots of everywhere she has slated you, it's all evidance, funnily enough I am in this position to! Someone just conned me out of £240 worth of products! Obvo went a bit mad on FB (I didn't say her name) but now she is trying to sue me for libel but because I didn't say her name to any one or on any posts she can't do it I don't think x

 

[AcidPerm]

They said they only cover scalp damage as the wording states client come to bodily harm.
Liability insurance dosnt cover hair damadge as they do not class hair as part of the body!

Yes and No.
The hair root within the scalp is covered so if the client developed traction alopecia, that would be covered.

With negligence claims, the plaintif has to prove they suffered serious harm. The courts are generally unwilling to consider claims for broken damaged hair because the hair will grow back, so it fails to meet the test for serious harm. So if the damage was what we refer to as a chemical haircut, they probably won’t be successful as the hair will re-grow.

However, if the client sued for breach of contract, because you didn’t give them what was agreed, they would probably win.
That’s why it’s important to have a thorough consultation to manage their expectations.
For instance, you wouldn’t promise to get them to platinum from a box dye but instead, you explain to them about the process involved and the likely outcomes. On the other hand, if they show you a picture of a haircut and what they get doesn’t remotely resemble that cut because the hairdresser isn’t sufficiently skilled, there’s a potential case for breach of contract.
You promised X but delivered Y.

Few clients will sue for breach of contract because (assuming they actually have a case) the remedy would mostly be just a refund (as that would cover the cost of going elsewhere), so it’s only worth their while to go to court as a last resort if the salon refuses to give them their money back.

 

[redlottie13]

Please always contact your solicitors in the first instance.

If I do not win this 10k claim against me. I will PERSONALLY be liable!