I sent a demand letter to the Salon that trashed my hair and scalp last week. I received a certified letter today from the salon Inside was a check for the amount that I'd paid her salon, making vague reference to that being my offer of that of settlement. I do not recall offering that as a good faith settlement, as the damage done by the cut and the color well exceeded that dollar figure. My "good faith" offer was for them to refund me what they charged me to ravage my hair, and a minute portion of what it cost me in addition to that to have this mess repaired to as close as possible to where I was before they wrecked my hair.
In my letter to them I said that I had lost time from work due to the extreme burn they inflicted on my head. I said I'd had medical bills, prescription costs as well as cost for all the extra products and treatments I'd been forced to buy to repair my hair and scalp.
I did not mention the total dollar figure thar I added up, but I did include the receipt for the corrective services I'd had at another Salon, and I had asked her to reimburse me for that as well as the refund, and then we would be done.
She somehow interpreted that to mean that she will reimburse me for the services at her salon. This salon owner has a rather uncanny ability to read the printed word extrapolate meanings that a reasonable person world never infer. Coincidentally, all of her wild inferences benefit her only.She also in her letter made several references to my wanting a "new color and extensions". I cannot fathom how she could still not grasp that the issue was damage, not just a silly color whim. I'm assuming this is some attempt at creating a written record that draws attention away from her gross negligence, and suggests I am just a client who wanted a new hair color.
Last week I also sent in a complaint to the registration board for cosmetologists, and in doing so it came to my attention that the stylist who made this mess was not fully licensed, and was not supposed to do hair unsupervised. This was interesting as the salon owner was rarely there when I got my hair done. The day of the incident, the stylist was again alone for most of the time I was there, and the owner only turned up at the end. This point was referenced on my complaint.
After adding up all of my out of pocket costs for this debacle my total was almost 2300, that includes lost wages. The lost wages the salon owner mentioned were not accurate as I was salaried (???) and probably took vacation time anyhow.
All I asked was for her to pay 550 which included a full refund for her services, and 50% of the bill for the corrective work. I thought I was more than accommodating.
Since she did send a check, am I obligated to accept it? She basically is willing to refund me what I paid her.
Can I just send the check back with yet another letter, again explaining the issue? Or am I even eligible for those damages? Or, if she again comes back with another low amount, can I sue in small claims for the entire total? Maybe the knowledge that I can prove those costs in court could help her comprehension of the problem.
I would think she should be thrilled that in an effort of goodwill I was willing to just forget the rest of the damages
Response to demand letter
When a business responds to a demand letter under 93A they do not need agree to your calculation of damages in order to comply with the law and avoid triple damages. What they must do is make a good faith response that may or may not include an offer of money in settlement of the dispute. As the consumer, you are not obligated to accept the offer of settlement and can choose, instead, to continue pursuing your claim in small claims court.
I cannot tell you whether a court will find that the hair salon's response was reasonable and made in good faith. Nor can I tell you if you will prevail in court on the issue of your damages. However, if I were you and I were planning on pursuing the matter in court, I would not cash the check from the business. Good luck.