Small claims

[BouncyMelons]

I had disaster " breathable non damage " hair extensions. I was in agony and suffered scalp damage just in 4 days of wearing it

I payed £1200 ( as it was one year "investment ")
i payed £300 through bank and rest cash

I signed waver basically saying no refund under any circumstances. In that waiver says i was getting 22inch hair
Owner showed receipts and she payed for 16 inch hair not 22 inch

Scalp damage , pain and suffering is a cherry on top

I reported damage on 4th April
and sent photos and videos of how bad it is and was offered appointment on 9th April meaning she was happy to leave me in agony for 5 and half days .

Now i asked solicitor to send her a letter giving 28 days to refund £1200 and £45 removal fee ( i went to different salon , as i lost all trust in her - no professional hair technician would leave a client in agony for 5 and half days )
But she didn't refund and even fighting my dispute of £300 i payed via bank

Also she works in shed in her garden under multi awarding hair salon name - i thought its a brunch . But it was just stolen name that now she changed . I found out her company was dissolved last November

She claims she is 54 and pregnant so couldn't see me immediately and doctor said she shouldn't work ( so maybe that's why i got botched scalp )

Anyways i never been small claims court can someone advise how it works ? is it worth it to go or because i signed waiver she will win ?

Can i get any legal advice please , i feel ripped off physically, mentally and financially. You do not pay £1200 to get scalp damage , tension caused alopecia and to be treated so poorly .

( i got email from hairdresser who took it off - she has extensions training academy and knows what she is saying - she was shocked . )
I wish i could add video this photos don't do justice of how badly my scalp got damage ... On 4 days of wearing " no damage breathable system !"
Thanks in advance X

Probably a small claims court but your solicitor should really be advising you of next steps

thank you bug i already spend £120 on a letter form him - i might lose so im not looking to pay more money

I really wish videos were allowed as the photos i posted don't really show how bad the damage is ...

You can do a small claims court yourself. It’s a minimal charge for it too. Have a look into it,

@Star81 thank you

I'm worried as the owner of salon says she is 30 weeks pregnant and is 54 maybe i need to wait to take her court as i don't want to cause stress
and to be blamed if smth will go wrong with pregnancy

I don't know :(

Not to cast aspersions but the only 54 year old I know to be pregnant was using donor embryos (both egg and sperm) and the IVF clinic was only treating her at that age due to Covid closures.

Does anyone REALLY know a naturally pregnant 54 year old? I’d imagine it’s so rare she’d be on the news…

i didn't want to say it but that's my thoughts exactly

Is she playing on making me feel guilty for taking her court .... 🥴

Of course she is playing it.

You need to write her a Letter Before Action (google it) and then you can apply to court yourself for a small fee. More than likely she’ll just pay up, but if she doesn’t you go to court (and I’ll eat my hat if she’s carrying a newborn baby)

You should not use a solicitor for a small claim. The hairdresser won't be made to pay your solicitor's costs even if you win.

You cannot sign away your rights. A waiver claiming to avoid liability for negligence has no legal effect.

If your contract was with the company she dissolved in November, I'm afraid you aren't going to get your money back. The company is liable, not her personally. Unfortunately, as the company no longer exists, you can't claim against it.

However, if your contract was with her personally, you can make a claim.

my solicitor sent her letter giving 28 days which expired last Friday

so now i need to take her court ( whilst feeling guilty as it's a chance she is carrying and i will cause stress )

thank you
That's exciting advice i needed .
She is operating though and advertising her services ..

If it's not worth it i will just get over it and move on X

I’m in a similar position, someone owes me £2k but is mentally unwell.

Ultimately though, not going to stop me getting the money back. I’m not a charity, and neither are you.

exactly * sorry typos

You've got a good case against the hairdresser/extensionist because:

1. waivers in hairdressing have no legal authority under English law because she can't refuse to accept liability for any injury or harm caused by her or the products she's used.

(If she's a qualified hairdresser, this will have been explained in training as she is expected to carry out every service to a professional standard whilst following all current training and manufacturers guidelines.)

2. The fact that she got you to sign a waiver in the first place can be used by you to demonstrate that she knew there was a risk of harm from the service and that she wanted to absolve herself of any liability.

I recommend you make a claim for a full refund and an additional figure to compensate for your suffering including that your hair will take several years to grow back to its former glory.

Good luck!

i feel ripped off physically mentally and financially

and i feel
it's cruel to
leave me in agony for 5 and half days and use excuse that she is serving new clients

I feel mugged offf and angry ! i thought i'm going to multi award winning salon - and it was a brunch - but it was stolen name that now she changed into different name

as i reported to that salon she is using their name so they must of have a chat with her X

thank you !
she also provided receipts - even though i payed for 22inch she only got 16 inch !

that is not a service i wanted and not what i signed for

( in waiver says that it's normal
to cry and be emotional, it's a weird waiver , why would i cry ? i should feel happy after service i payed )

X

Are you looking to just recoup your money of for damages too?

might be worth a chat with a solicitor - she should have insurance to cover this

just a refund . and removal
costs £45

Not looking to claim any more than it costed me .

I can claim against her personally ..

she won't answer is she has insurance. Doubt it ...

I am not looking to spend more money on solicitor though as i might lose in court ...

The small claims court process is very straightforward and explained clearly here. No need for a solicitor.

https://www.gov.uk/make-court-claim-for-money]

The real issue is who you are going to claim against the person or the company? they may claim it was the company your contract was with and that the company is dissolved.

This is exactly the situation that a company is created to protect the person against. At some point you just have to accept that your only recourse is to give them bad reviews to put other people off.

I'm very sorry you have been so badly treated.

In whose name was the bank account that you paid the £300? Her personal account or a business account? Also, what name is on the waiver or any other form of contract that you have?

I would claim against the owner of the company as she is the one who caused scalp damage and acted negligent and cruel

Someone said just serving the court documents can make a person pay ,

i am so conflicted now . It's not even about £1200 now it's about me being a human being , my tears and suffering and her refusing to see me - it's all just not right . and bald patches with hair re-growing and sticking out of my head , looking awful and reminding me of my ordeal 😭
x

So i payed to business account £300 ( but it was not her salon name was different name ) and via link

Then on waiver is both her name and salon name that she now changed again ( it's not called what it was )

Dissolved business - is again different name . 3 different names .

Yes but who did you pay? The owner personally, or the company?

company X