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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7254
Experience:  28 years as a practising solicitor.
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hi , a nail tech at a salon damaged my nail beds so I sent

Resolved Question:

hi ,
a nail tech at a salon damaged my nail beds so I sent the manager an email explaining and asking for a refund. After few replies and after sending her pictures of my nails she said she is sorry and will refund me when i go to the salon. when i went there she asked me to see my nails and i said i dont have time as my family is in the car waiting outside she insisted or otherwise wont refund me. Now I started to take off my shoes to show her my toes but she said i have to show her in the treatment room which is private ( I didnt know she had a camera at the reception and didnt have one in the treatment room ). So I went inside and as I lay on the seat starting to take off my shoe she saw my nails and said she will refund me the £90 if I pay the £20 for teh pedicure service they gave me ( Its called nail prep and its supposed to be done as part of the job) I didnt want to argue as I was in a hurry and said ok and gave her the money. She immediately started to curse me and say Im very malicious in posting the pictures of my nails on her facebook business page ( she asked me to see them on facebook ) and then started to shout and threaten me with a lawsuit and that her sister is a lawyer and that they will use the cctv footage for when i left the salon happy at the time i did my nails to say Im wrongly accusing them of damaging my nails. ( although i dont remember leaving happy the day i did them ) . She then shouted to call her nail tech who did the damage and the nail tech came in barging into the room as I was putting one of my shoes on. She came in shouting and I couldnt undertsand her scottish fast talk. They both stood at the room door in a way preventing me from going out I stayed on the seat in case they decided to attack me so I can easily defend myself. the nail tech came towards my feet while talking fast words and tried to touch my big toe which was very sore. I said very loud '' you stay away from my nails Ill never allow you never to touch them again''. They both felt my anger and probably put them off doing what they were planning ( Still have no idea what the hell they wanted to do ). So I dressed my other shoe quickly and said im going to the reception now and calling the police. they ran out of the room and i walked after that outside. at the reception she told me she will not refund me and thats when I turned back ( as I was going to use my phone and she was walking behind me ) and said it loudly '' You damaged my f**king nails pointing at my toes'' I was very emotional and in pain. she went to the desk and told me to leave and I said Im not leaving until I get my money and call th epolice for her. I called the police and as I was telling the officer the story he stopped me saying its not a police matter if Im not happy with my nails I should get a lawyer and leave the shop if she asked me to. I hang up and told her im getting a lawyer and that she cant do this to ppl and left. Now 2 weeks down the line some police officers came knocking on my house asking for me ( she had called the police that day ! ) They charged me with threatening her !! Now can someone pls tell me how can this happen .
Submitted: 1 year ago.
Category: Scots Law
Expert:  jomo1972 replied 1 year ago.

Hi Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

 

Have you contacted a solicitor?

Customer: replied 1 year ago.

not yet

Customer: replied 1 year ago.

why ? should i do so? the police refused to tell me what she said and what is it she is accusing me of ? they said im charged with section 38 of scottish act ( ?? ) ... She has a cctv and at no point i threatened her. if i yelled a true statement she has no cause of felling threatened. In fact i was threatened as she assembled her team at the reception and i made sure im at the door so i can exit if it becomes crazy.

Expert:  jomo1972 replied 1 year ago.
Ok.

Sorry but can we try to summarise this into relevant facts? I think your original post exceeds the word limit and I cannot see it all.

Can you just give me a brief summary of the facts? Just two or three sentences will be fine.
Customer: replied 1 year ago.

hi ,
a nail tech at a salon damaged my nail beds so I sent the manager an email explaining and asking for a refund. After few replies and after sending her pictures of my nails she said she is sorry and will refund me when i go to the salon. when i went there she asked me to see my nails and i said i dont have time as my family is in the car waiting outside she insisted or otherwise wont refund me. Now I started to take off my shoes to show her my toes but she said i have to show her in the treatment room which is private ( I didnt know she had a camera at the reception and didnt have one in the treatment room ).

Customer: replied 1 year ago.

So I went inside and as I lay on the seat starting to take off my shoe she saw my nails and said she will refund me the £90 if I pay the £20 for teh pedicure service they gave me ( Its called nail prep and its supposed to be done as part of the job) I didnt want to argue as I was in a hurry and said ok and gave her the money. She immediately started to curse me and say Im very malicious in posting the pictures of my nails on her facebook business page ( she asked me to see them on facebook ) and then started to shout and threaten me with a lawsuit and that her sister is a lawyer and that they will use the cctv footage for when i left the salon happy at the time i did my nails to say Im wrongly accusing them of damaging my nails. ( although i dont remember leaving happy the day i did them )

Customer: replied 1 year ago.

She then shouted to call her nail tech who did the damage and the nail tech came in barging into the room as I was putting one of my shoes on. She came in shouting and I couldnt undertsand her scottish fast talk. They both stood at the room door in a way preventing me from going out I stayed on the seat in case they decided to attack me so I can easily defend myself. the nail tech came towards my feet while talking fast words and tried to touch my big toe which was very sore. I said very loud '' you stay away from my nails Ill never allow you never to touch them again''. They both felt my anger and probably put them off doing what they were planning ( Still have no idea what the hell they wanted to do ). So I dressed my other shoe quickly and said im going to the reception now and calling the police. they ran out of the room and i walked after that outside. at the reception she told me she will not refund me and thats when I turned back ( as I was going to use my phone and she was walking behind me ) and said it loudly '' You damaged my f**king nails pointing at my toes'' I was very emotional and in pain.

Customer: replied 1 year ago.

she went to the desk and told me to leave and I said Im not leaving until I get my money and call th epolice for her. I called the police and as I was telling the officer the story he stopped me saying its not a police matter if Im not happy with my nails I should get a lawyer and leave the shop if she asked me to. I hang up and told her im getting a lawyer and that she cant do this to ppl and left. Now 2 weeks down the line some police officers came knocking on my house asking for me ( she had called the police that day ! ) They charged me with threatening her !! Now can someone pls tell me how can this happen .


 

Expert:  jomo1972 replied 1 year ago.
So, in short, you've been charged with an offence?

I need to know what offence? Just that information will be fine.

Also, please could you stop posting before I have responded. It pushes the question to the back of the queue.
Customer: replied 1 year ago.

oh ok. the charge is called 38 of criminal justice and licensing scotland act 2010. basically from what i understood is threatening the salon manager

Expert:  jomo1972 replied 1 year ago.
If you are in Scotland then I will need to move this to the Scots section for you as I am in England and Wales.
Customer: replied 1 year ago.

ok.

Expert:  JGM replied 1 year ago.
Thank you for your question.

You've been charged with a statutory breach of the peace. There's two of them and one of you. That is the answer to your initial question. Even though you comment "why should you" you will need a lawyer if this is taken to court.

You can also sue them in the small claim court for the money you have paid them as well as claiming damages for the poor job they did and the pain and suffering caused to you. That side of it is a civil matter.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

I dont understand. Even if they were two what gives them the right to do what they did and why would that be an advantage ? Can I sue them for fabricating this accusation.


Im dealing with a lawyer regarding the treatment to get my money back.


If Im taken to court will this affect my future stay in the UK? Ill hire a lawyer if it comes to court. Is it possible it wont go to court? what does it depend on ? Isnt what they did to avoid a refund illegal?


Basically I was harmed and they're the ones crying and They ran to say I offended them? what kind of law is that ?


 

Expert:  JGM replied 1 year ago.
You are understandably questioning the system. They have no right to do what they have done but the fact remains that they have done so and I have answered you in an attempt to deal with the situation.

You can sue for defamation if you have the money to pursue such a case. They are expensive and can only be pursued on a private non legally aided basis.

It is possible that the procurator fiscal wont take it to court and will either do nothing or issue a fixed penalty notice. That depends entirely on his discretion, how many more serious cases there are to prosecute and how much time is available. Many minor cases are never proceeded with nowadays. I can't give you a set of rules as to what is and what isn't however.

If they promised you a refund and then didn't give you one this is breach of the civil law and I see you are pursuing this avenue.

Finally, whether this will affect your stay in the Uk will depend on your immigration status which I have no information on. That is is a separate issue for my colleagues in the immigration law category.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7254
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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