2011 PPC I LEGAL WRITING PRACTICAL

Deadline for Submission 5 pm Friday 20 January 2012

Student Number: 1481878

Number of Pages Submitted: 4(including cover page)

This page must be attached to the front of your Legal Writing Practical. Insert your student number and the number of pages you are submitting. Do not place your name on your Legal Writing Practical.

Outline of letter to Ms Green Type of letter: Letter of advice to client following consultation.

Purpose of letter: The purpose of the letter is to advise Ms Green on the steps involved in obtaining a refund from High Fashion Hairdressers.

Clients requirements: The client requires a letter explaining the practical steps Ms Green could take to obtain a refund from High Fashion Hairdressers. The client has requested that the font of the letter be Arial, displayed at size 12 and justified.

Outline of contents of letter: Refer to consultation; Address legal problem; Outline the facts of the case Outline the options available to the client to obtain a refund Conclusion

Connolly & Daly 33 North Quay, Ballynacompo, Kilford, County Kilford DX01 Ballynacompo, tel 0123 243 7655 fax 0123 243 7654 E-mail info[at]Connollydaly[at]network.ie web www.Connollydaly[at]network.ie Our Ref AG001/SM Private & Confidential Ms A Green, 12 The Barracks, Ballynacompo, Co. Kilford. Re: High Fashion Hairdressers Dear Ms Green, Thank you for calling to my office on 4 January. As requested, I am writing to you to explain the practical steps involved in obtaining a refund from High Fashion Hairdressers. You informed me that you attended High Fashion Hairdressers for a wash, cut and blow dry. A hairdresser at the establishment recommended a deep conditioning treatment to you, while she washed your hair. You told me that you were unaware of the price of the recommended deep conditioning treatment before agreeing to avail of it. You also informed me that the price of the treatment was not evident anywhere within High Fashion Hairdressers salon. As was explained in our meeting, High Fashion Hairdressers are in breach of the legislation, which requires Hairdressing salons to display a notice of charges for all services rendered. This notice ought to have been clearly visible and easily readable by members of the public. I would recommend that you notify the National Consumer Agency of the failure of the Hairdressers to display this notice. The Agency could in turn issue the salon with a fixed payment notice. High Fashion Hairdressers would be obliged to pay a fine of 300 to the Agency, failing which they could face prosecution. This would dissuade the salon from acting in a similar manner in future but would not assist you in recouping your monies paid to them. The applicable legislation to your case is the Consumer Protection Act 2007. This act prohibits the salon from engaging in a misleading commercial practice. Such practice arises when a service provider conceals the pricing of a product from the consumer. By concealing the price of the treatment, the hairdresser engaged in a misleading commercial practice, which caused you to make a commercial decision that you wouldnt ordinarily have made. Bearing this in mind, I would advise that there are two options available to you in order to obtain a refund from the salon. First, you could seek damages for a Your Ref Date 17 January 2012

breach of the 2007 Act in the District Court. The District Court Smalls Claims Register deals with monetary claims up to 2,000. This process is inexpensive, quick and effective for the resolution of small claims. In order to bring a claim before the Small Claims Register, you must complete a Form 53A.1 form and return it to the Registrar, including the fee of 18. This form can be downloaded from the Courts Services website at www.courts.ie. The second option available to you would be to report High Fashion Hairdressers to the National Consumer Agency for engaging in a misleading commercial practice. The Agency could apply to the Circuit or High Court for an order preventing a trader from engaging in such a practice. Once proceedings are initiated, the Agency may obtain an undertaking from the business to compensate consumers. This compensation would represent a reimbursement of payment received from consumers in respect of the commercial transaction. Finally, I would advise you to send a letter to High Fashion Hairdressers detailing the basis of your complaint. You should explain to them that you have sought legal advice from your Solicitor and that you are aware that the concealment of the price of the product is a misleading commercial practice. You should inform them that if they are unwilling to refund your monies, you are in a position to report them to the National Consumer Agency. It is envisaged that a letter would encourage the hairdressers to accept their wrong and refund you your money. Should you have any further questions in relation to the above please do not hesitate to contact me.

Yours sincerely _______________ Sam Murphy

Eamonn Daly Louise Connolly Associates: Pat Barry Sam McMillan