Hi, I need to know what legal action I c...

Asked by KarinSch on 17-04-2020 07:21:00
Question posted in the General Law category relating to Gauteng
Question value: R 300.00

Hi, I need to know what legal action I can take against my previous hairdresser.  I bought 2 sets of hair extensions (1 for me and 1 for my daughter).  When we were not wearing the extensions it was kept at the hairdresser.  The hairdresser then moved salons, but I did not move as it was further for me to drive.  I have, since Jan been trying to get my sets of extensions back.  I only communicated with her via WhatsApp.  In the WhatsApp messages she did indicate that she would pay me for the extensions, then she said she will order it fromthe supplier and then she said she found my daughters pair.  When I ask her when I if she found my extensions i did not get an answer.

What can I legally do to get either my extensions back or the replacement value back

Regards

Karin

Answer to the Question

Posted by Att. Patrick on 17-04-2020 11:50:59

Hi there and thank you for your question,

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

The first thing that you need to do is to send her a letter of demand, calling upon her to delivery the 2 hair extensions to you, failing which you are going to be suing her in the Small Claims Court for the 2 hair extensions, or the cost thereof. You can send this to her via WhatsApp, or via hand delivery to the new salon, or such like. I would suggest that the letter to typed into a document, printed, then signed by you. If possible, you would need to retain some sort of proof of delivery, like her signing your copy of the letter (she keeps a copy), or a sent email printout, or you could send it via registered post. 

Then, if she does not return the 2 hair extensions to you, you would need to visit the Small Claims Court in the area of her new salon, and ask the clerk of the court to assist you in issuing a summons. In the summons you would ask for "delivery of your 2 hair extensions", and in the alternative, "the costs of replacing the 2 hair extensions".

You would need to explain, in the summons, who the parties are, when you bought the 2 hair extensions, why she is keeping them for you, your demands that she must return the 2 hair extensions to you, her failure to comply with your demands, and then ask the court for an order that she return the 2 hair extensions to you.

Being the small claims court, you can't use a lawyer, but neither can she. The court is run by a commissioner who asks questions and then makes a judgment. This is your quickest, cheapest, and easiest route moving forwards in order to get the 2 hair extensions back!

If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.

Att. Patrick

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Answer Accepted

This answer was accepted on 20-04-2020 07:00:00

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