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BAD Extensions, need refund/court advice!

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CoolAzFemale View Drop Down
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    Posted: May 12 2005 at 12:46pm
I recently had a girl come to my house to put in extensions and they were horrible.  I'm a black woman and my hair is natural...no chemicals whatsoever because I had chemo and now I have this baby soft wavy/curly hair that I refuse to damage with chemicals... anyway. I asked for wavy hair, she shows up at my house with straight hair stating that they didn't have wavy hair in the length I desired.  I'm thinking she could've called and told me this.  But she said that in her experience the hair waves up a bit so I let her put them in.  Of course she flat ironed my hair first and I told her my hair didn't hold heat well.....anyway it flat ironed ok but i told her again that my hair didn't hold heat well.  When she finished it looked nice.  Then I turned on the shower.....had to go out and show off my new do!  The steam from the shower hit my hair (not even in the shower yet mind you) and there  went my natural hair back to its original state.  I immediately called the stylist and informed her what happened  since she hadn't been gone 15 minutes.  She told me to try and work with it...you know keep flat ironing my hair daily!  I told her this was not going to work, the whole point was less maintenance.  She said she would re-do it.  I put a stop payment on the check, because I didn't want to pay until the finished product. 

She pressed charges, we talked it out, she promised to re-do my hair, gave her another check(like a dummy), made an appointment for he rto come to my house again, didn't happen, tried to contact, no luck. Finally threatened to take her to court, she called back saying no refunds!  Is this automatically assumed?  I feel that since it was never discussed then I'm entitled.  I'm even willing to compromise...either she comes and redoes it or at least give me 50% of my money back.  Her salon manage refuses to compromise on the money and won't allow her to come to my house to redo my hair, wants me to drive an hour to the salon!!!!!

Do I have a case for court?  What should I do?  Please give me some advice!!!

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Elissa View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Elissa Quote  Post ReplyReply Direct Link To This Post Posted: May 20 2005 at 8:21am
Welcome to the boards. I'm sorry you had such a bad experience. I don't know specifically what you can do, but you might find a lawyer who gives free consultations, even though this sounds like a small claims court issue.

I'd be careful about one thing: it's illegal to stop payment on a check, I think.

Good luck to you! Hope you stay around here.

Elissa
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CoolAzFemale View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CoolAzFemale Quote  Post ReplyReply Direct Link To This Post Posted: May 20 2005 at 12:21pm

Already checked on that and California Civil Law states:

in the case of a stop payment, the existence of a “good faith dispute” shall  be  determined  by  the  trier  of  fact.  A “good  faith  dispute” is  one  in  which  the  court finds that the drawer had a reasonable belief of his or her legal entitlement to withhold payment. Grounds for the entitlement include, but are not limited to, the following:

 services were not rendered,

.goods were not delivered,

or otherwise unsatisfactory,

or there was an overcharge.

 

So I qualify and was legal to do it.  I should've just let her take me to court for that and watch her lose, but silly me wanting to give her a chance

at the drawer had a reasonable belief of his or her legal entitlement to withhold payment. Grounds for the entitlement include, but are not limited to, the following:

services were not rendered,

goods were not delivered,

or otherwise unsatisfactory,

or there was an overcharge.

ounds for the entitlement include, but are not limited to, the following:

services were not rendered,

goods were not delivered,

or otherwise unsatisfactory,

or there was an overcharge.

l  be  determined  by  the  trier  of  fact.  A “good  faith  dispute” is  one  in  which  the  court finds that the drawer had a reasonable belief of his or her legal entitlement to withhold payment. Grounds for the entitlement include, but are not limited to, the following:

services were not rendered,

goods were not delivered,

or otherwise unsatisfactory,

or there was an overcharge.

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CoolAzFemale View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote CoolAzFemale Quote  Post ReplyReply Direct Link To This Post Posted: May 20 2005 at 12:22pm
sorry about all the extra...computer issues!!  FUNNY PART IS I FOUND HER ON HERE!!!!
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