What to do?

[tanfastic]

Hi all,

Sorry long post...

I have seen so many threads covering this but I need to let off some steam and maybe get to hear from someone else that I am right ( or Wrong)

I did a set of Acrylics nearly 4 weeks ago on a lady that actually had really nice long natural nails. A few of them had broken and she wanted all her nails to be of even length and asked me to do acrylics. She had them once before a long time ago and she said they didnt last very long.


I wasn't too keen on cutting nice nails down to replace with false ones, her nails were a little brittle and stained from wearing nail polish without base coat. Anyway I suggested nice mini manicure file and trim followed by a Natural nail overlay which would help her nails grow strong and be a less abrasive removal than acrylics but she had her heart set on them so we went ahead and did them, I did them with poppits as she didn't have a lot of time available and they came out really nice. Upon completion I said she would need to book a maintenance appointment or removal so we can do the overlay instead if she decided that she did not like acrylics after all.

I get a text on Friday saying that there is no need for me to come and remove them as they have "now all fallen off" I replied saying I was sorry to hear that and that I would ring her when I got in ( I was between customers at the time) I rang and her husband answered I asked if he could get her to call me when she was free so we could discuss, Yesterday (Monday) she texts again saying that she doesn't want replacements as her nails have been left in " a state" and would rather have a spray tan at the end of the month. I replied saying that I could spray tan her and that nails do sometimes end up a mess if not removed properly, could she let me know when she wanted the tan and as a goodwill gesture I would offer her a special price on Bio Sculpture once I had done my crossover training later this year. She texts back saying "So will you do the tan at the end of the month as replacement for the nails?x

I dont feel that she should have a free tan as she never got in touch with me when any of the nails "fell off", I havent seen the nails or the "state" of her own nails. I always make a point of asking customers to get in touch with me if ANYTHING doesn't seem right so we can sort problems out before they escalate.If she had I would have gone there ASAP, even if it was at the end of my work day or early in the morning before my first appointment. She sent a text 3 weeks later without arranging maintenance or an infill, She is obviously not too bothered if she couldnt get back to me on Friday or over the weekend, she knows I work most days, I did her nails on a Saturday, I offered her a 5* treatment at a reduced price as a goodwill gesture, Am I being difficult or is she pulling a fast one.

I dont have much experience with nail clients yet,
Oh by the way, her nails were done at 40% off as an introductory offer (newly qualified) and no other nails I did during that time have " fallen off"
Any advice would be greatly appeciated

Regards
Nikki

 

[Ellebelle]

I'm not sure why you need to replace the nails, as you said you did them nearly 4 weeks ago and she hasn't contacted you earlier to say there was a problem., or keep up with maintenence to prevent problems.She just says they all "fell off". You haven't actually seen her nails so you would be taking her word for it. Also if her natural nails are in a state, this would indicate to me that it is likely she has pulled them off herself and left some damage. Again it has been almost 4 weeks!! What clients expect of nails, really! They are not permanent fixtures!!

I believe You don't actually need to offer anything at all. However, if you would like to keep this customer and keep her happy then I suggest you offer her a nail treatment at a reduce cost as a gesture of goodwill but that really you cannot offer anything else because you didn't get to see the nails yourself or have a chance to rectify any problems sooner. I think asking for a tan is taking the mick, she's out for a freebie!!

It's good to be customer orientated and do what you can to keep clients happy but you have to draw the line somewhere.

E x

 

[Evaperk]

After 4 weeks with no maintainance why would she be surprised they're all off? They would be completely out of balance by then (assuming her nails grow at a regular rate) and she probably picked at them too. It is very difficult being firm with clients.

 

[tanfastic]

Thanks girls, Big sigh of relief.... Spray Tanning customers are so much easier. LOL
As Ellebelle suggested I did offer a bio sculpture at a reduced price in the summer , hoping that I could then "practice" my newly found skills on her once I have done the training. Two birds with one stone ! I thought she would be really happy with that. I'll have to keep an eye on my FB page though in case she decides to "Comment"

 

[Nails<3]

Haha a free tan,can't believe the cheek of some people seriously.

She should have had had her nails maintained within the 4 weeks,I would understand if it was say 1-2 weeks but 4 weeks come on.

Call her and say no! She had a nail service done not a tan so she should not expect a tan simple as. Obviously her nails were fine and she was happy with them so please do not offer her any discounts or freebies, it's not your fault so don't treat the situation like It is x

 

[tanfastic]

OMG She has reappeared, Get a nasty text today insisting on getting my insurance details as she now wants to claim money she lost and compensation for my my "incompetence" and doing her nails "badly" . I replied asking why she wouldn't speak to me over the phone and chose to only communicate via text as I find it difficult to reply at length by text. She texts back saying that she texts due to the legal advice she's had saying that texting is a record of what's been said. This is the woman who wanted me to do extensions on her children and I refused because the geeks on here advised against it due to ( drumroll please) insurance not covering work on minors.

I feel really bad ( for me) how can people be so mean. I believe she is bullying me. I only charged her £15.00 to cover my fuel costs and products used as I was still in my "introductory offer" phase. All my other special offer customers were dead happy and the only nails lost were on a severe nail biter who wanted french tips, not sculpted and they only lasted a couple of weeks but she went to do a full spring clean on her fiances house the same day I did her nails. Washing, ironing the works. So she knows that it was probably her fault for being too hard on them.

DO I try to smooth things over, I dont want my insurance premiums to go up if someone makes a claim, do I ignore her, or do I in true South African style "bully" her right back. ( Meaning come out guns blazing and throw the WHOLE book at her so she doesn't know what hit her) I cant abide bullies and it really gets my back up. I am dying to tell her exactly what I think but I am a professional and wish to behave in a professional manner

ANy advice would be greatly appreciated.

I am leaning towards insisting that she only communicate by-mail wth me in future as I hate sending long texts especially with the predictive texting always changing what I am trying to say

 

[BABSann]

I would tell her that you refuse to text anymore and that you will communicate either by phone or face to face to try to resolve this matter. If she insists then email only but no more texts.
She didn't come in for her maintenance treatment,you haven't seen her nails and 4 weeks went by since doing her nails.
Personally I would call your insurance providers and ask for their advice in exactly the best way to deal with this before you do another thing. We pay for their legal advice and they will be the best people to help you.
Personally I would say she hasn't got a leg to stand on,you gave her after care,she ignored it,her choice.
Don't be bullied by her and like I said don't text anymore replies. Don't worry,you have done everything by the book,she's the one in the wrong.

 

[Baggybear]

I would have no furthur contact with her until you ring the insurers and ask them what details you need to give her, tell them what she is complaining about and then pass the details they tell you to on to her. Once you have given her the insurance details tell her you can no longer discuss this matter with her and all corespondance must now go through the insurance company.

She will not try to claim against you as she has no proof of her complaint (I bet she did not take pics of the 'state' of her nails back then and if your with a beauty insurance provider they will know about maintainance etc... and that she is pushing her luck to expect her nails to be fine 4 weeks after aplication with little or no aftercare being followed.

She will be gobsmacked by you giving her the details she has asked for as she is trying to bully you into giving her something for nothing when she has nothing but blame for the situation she is in. She should have attended an infill appointment 2 weeks after they were applied or come in for removal - she did neither, she should have proof of the nails 'falling off' but she won't have this, she will not have a leg to stand on with a claim and she will be annoyed that her bully tactics have failed and she got nothing for free.

 

[tanfastic]

Thanks, I did send a text in reply stating " In future please e-mail me as the predictive text on my phone drives me mad."
Get an instant reply " All I need is your insurance details if its easier for you to email XXXXXXXXXXX ( e-mail address) I expect to receive the details I have asked for within 28 days thanks.

Will ring insurers monday but I would think that there could be no claim after all this time. Doesnt she have to complain within a certain time? ( Havent dug all my insurance gumpf out yet as I am in the process of moving my office to another building. ( hopefully opening treatment room soon and getting everything boxed up)
So hoping to pick some brains in the meantime.

 

[Baggybear]

You can make a car insurance claim up to 2 years after the incident so I doubt she will be 'too late' to try making a claim.

I don't think she will have anything to claim for but that is for her to discuss with your provider & then you to ask them about it.

 

[AcidPerm]

Hi Tanfastic,

Please don't worry about this situation over the week-end.

Also, DO NOT provide her with any details about your insurance. This isn't a car accident we're talking about and so she has no rights to contact your insurers directly.

She cannot make a claim against your insurers. She has no legal relationship with your insurers.

The insurance company are there to provide YOU with a service. If a client issues legal proceedings against a therapist, sometimes an insurance company will recommend paying the client off rather than going to court and risking additional legal costs etc. Essentially, they are paying your court costs, otherwise, if you didn't have insurance, you would pay any costs yourself.

She can only make a claim (for damages etc.) against you in the County Court. And clearly, she has no basis for any claim. No lawyer will take her case on such non-existent evidence of harm done or malpractice.

Just tell her that if she wants to take it further, you look forward to hearing from her solicitor.

What a nasty, silly woman she is!

 

[sleepingbeauty]

OMG ! Your a relative newbie & she's taking advantage of this fact. Inform her that you have terminated all contact & shall expect any new correspondance to be from her Solicitor. How on earth she can expect to make a claim is beyond me...

 

[NancySyd]

What AcidPerm said is absolutely correct (at least in US). She has no standing with your insurance company. What she should do is sue you, and your insurance company will step in when you contact them. I would not contact them at all, not until there is a lawsuit to respond to.

She is trying to intimidate you into giving her something to go away. Tell her via email that you will not give her the insurance info, that if she wishes to proceed that you will wait to hear from her lawyer. Make clear that all future communications must be done via email or snail mail. Then, go write down everything you remember about this, print out all docs (including this thread) and file it away.

 

[Baggybear]

Hi Tanfastic,

Please don't worry about this situation over the week-end.

Also, DO NOT provide her with any details about your insurance. This isn't a car accident we're talking about and so she has no rights to contact your insurers directly.

She cannot make a claim against your insurers. She has no legal relationship with your insurers.

The insurance company are there to provide YOU with a service. If a client issues legal proceedings against a therapist, sometimes an insurance company will recommend paying the client off rather than going to court and risking additional legal costs etc. Essentially, they are paying your court costs, otherwise, if you didn't have insurance, you would pay any costs yourself.

She can only make a claim (for damages etc.) against you in the County Court. And clearly, she has no basis for any claim. No lawyer will take her case on such non-existent evidence of harm done or malpractice.

Just tell her that if she wants to take it further, you look forward to hearing from her solicitor.

What a nasty, silly woman she is!

Of course the client has a right to contact the insurance company to make a claim against the OP if she wants to.

Your insurance company will tell you what details they want you to pass to the client so the client can lodge their complaint and discuss making a claim or taking the OP to court etc....

That is what we pay our insurance for - so they will deal with this type of thing if it arrises. They deal with these type of things all the time and I mentioned car insurance in my last post as my other half was an insurance broker until recently so he knows the ins and outs of car insurance and it shocks many people just how long you have before it's 'too late' to claim and the OP asked about if client may have left it too long to make a claim.

Each insurance provider will have different ways of dealing with a claim and the only way to know what you should do in the situation of a claim is to speak to them and ask their advice.

 

[Lynne Baker]

If the client issues proceedings against you you have to defend it. If you don't you will be found against.
She doesn't need a lawyer to start proceedings. It can be done by anyone online. There is no requirement for her to have legal representation at any stage of the claim.
Just as a matter of interest why can't it be claimed for in the small claims court? It's my understanding that if the claim amount is under 5k then it goes to the small claims court.

 

[besthands]

This woman is clueless as to how the system works. And thankfully so are you, as in you have never had to deal with a claim before and that's a good thing. The other poster is correct, this woman has no reason to have want you insurance info. and do not give it to her. If she wants to pursue the matter she needs to obtain legal consul an then at that time and only at that time you will do the same. That means only then do you call you insurance carrier.
This woman is whacked in the head and trying to get some quick illegal cash from you. Take my word for that.
I can guarantee she will contact you again in order to offer you a "quick cash settlement" herself. Don't fall for that old trick, it happens all the time. She knows that you are inexperienced with these matters and the she is a professional scammer but you must stick to your guns so to speak. Don't let her bully you into making a $$$ mistake. Its how she makes a living, and your the new target, she needs to move on somewhere else.
I hope you can put this behind you soon and never have to deal with wicked, nasty scamers again!

 

[AcidPerm]

Of course the client has a right to contact the insurance company to make a claim against the OP if she wants to.

No, the client has no 'right' to contact the OP's insurance company direct. That's up to the insurance company to agree with the therapist. The OP doesn't have to bother them at this stage unless she wants to.

Hi Lynne, Yes, you're correct. The small claims court is the common name for the section of the County Court that deals with claims under £5k. It was intended to make it more accessible to people to manage claims themselves.
However, it's up to the client to figure that out. (Lol)

Assuming the client did make a claim and the OP defends it, the law still requires the client to furnish adequate proof to support the claim.

In this case, what proof can she have? A District Judge will see this for what it is, a frivolous claim.

 

[Lynne Baker]

I think the law might be different here in the UK...
The one and only thing the OP needs to do is to contact the insurance company.
Do not enter into any kind of communication with the Claimant.

 

[tanfastic]

Thanks all, I feel much less worried now. I took a builder to small claims a few years ago, it cost me £80 to start proceedings but got it back when we won. I doubt she will pay £80 to get £15 back. I guess she is hoping for COMPENSATION to the tune of ???? Any way I am glad I dont have to drag my insurers in unless I want to. I will ring them Monday to see what they suggest but I think I will prefer to let her make the next move via Solicitors letter if she really is serious, then get my insurer on board if required iykwim. I woud have expected her to send me a text or a picture of the "appalling" nails as they were popping off, not wait weeks. I always ask my customers for feedback or a quick call if they have any issues or problems. So I know that there is no proof. If there had been she would have texted a pic in a flash ( she sent me a picture before with some nail art on that she was hoping I could do for her)

Once again Geeks, thank you ever so much. I was going to worry all week end but now I will wait to speak to my insurance and then send her a polite e-mail afterwards stating that all future communications are to be through our legal representatives ( or hers to start, but hopefully wit that wording she might back down thinking that I already have a solicitor)

I have a sneaky feeling she is seeing £ signs and will almost defenitely come back with a cash settlement offer.
One thing for sure though. I must put something on my website regarding terms and conditions, policies etc. Leaving everything open ended seems to bring trouble. I think I saw on here that someone offered free repairs for one week after application ?

 

[Floss26]

I have no advice hun but just wanted to send a virtual hug! :hug: What an absolute cow, please don't let her get to you. Well done for sticking to your guns and not caving in! xx