Qu: Is it possible to reclaim the cost of my telephone calls which were made in favour of Mary, and were not used in the final selection of the singer to be evicted it was the judges who decided.The presenter throughout the show said that the public vote was the only way a singer could be kept in and Simon changed the rules.
Please look into this as my faith in television has hit rock bottom and I will not be watching xfactor again.

A: The last series of X Factor was one of the most controversial to date. From ‘autotunegate’ to ‘Gamugate’ to various ‘Cherylgates’ (malariagate, ‘no longer the nation’s sweetheart’ gate) the popular television show was mired in controversy last year. One of the biggest X factor scandals involved the popular Mary Byrne being voted off by the Judges in the semi finals in a sing off with Cheryl’s little soldier (and importantly one of Simon’s favourite acts) Cher Lloyd. This outraged fans and resulted in further reporting that X Factor was a fix. The main complaint by fans was that contestants were asked to perform in a sing off and the JUDGES voted as to who they wanted to save. In previous series of the show at this crucial stage it was always went to the public vote and quite simply the contestant who had more of the public vote would remain in the competition. Fans took to the internet to express their outrage on twitter and X Factor blogs and many took it one step further and made formal complaints to the regulatory body Ofcom. I was asked to comment on this matter by Channel 4 news. As a big X Factor fan I watch the show almost without fail and as a geeky lawyer I do pay attention to the details especially because I also vote on the show (for Rebecca Ferguson this year FYI) therefore adding to the coffers of Mr Cowell et al. Now, the key point here in terms of whether or not an Ofcom complaint could be upheld is whether or not X Factor had materially misled viewers in terms of the rules of the show and importantly the impact and significance of viewers paying votes on the outcome of the show. The lovely Dermot during the course of the pre semi final show and the semi final itself chanted like a mantra that viewers were the ones deciding who would go through to the final. So you can imagine the hoo ha when the sing off took place and it went to the Judges to decide between Mary and Cher. In my view the paying public had every right to be furious. Section 2 of the Ofcom code states that producers must have clear rules on public votes and must communicate them to the public. By materially misleading viewers Ofcom would have a right to rap the producers knuckles. In this instance Ofcom felt that viewers had not been materially misled and that ITV’s rules stated that a combination of eliminations based on the public vote and the Judges’ decision were part of the show’s process and that this would be at ITV and the producers discretion. Hmmm that catch all ‘producers discretion’. Something that in itself should be used with discretion and a nod to the fact that it is the paying public who make these types of show and therefore should never be treated like anyone’s fool. Although it may seem impossible now you never know when the X Factor could become the Z Factor (frankly I would be disappointed as I genuinely love the show but I hope my readers and also any X Factor chiefs get the point I am making) So in answer to your question, I am afraid there is no chance of you getting a complaint to Ofcom upheld or your money back but I fully appreciate your irritation and annoyance. Here’s to the next series of X Factor, the tears, the tantrums and the trivia.

Q: I am hirsute metrosexual male who after years of being called gorilla boy, werewolf and various other insults acted upon the advice of my sisters (who claim women prefer their men hair free) and went to have my back and chest waxed at their favourite waxing salon. Now I admit there was a lot of hair to be waxed but I think that the wax was too hot as it was truly one of the most painful experiences of my life. Not only did I have a terrible rash afterwards and spots but a couple of weeks later my skin appears discoloured with red marks. I am worried I look worse than when I was hairy and want to know how to go if I should try and claim a refund and perhaps compensation for the injuries and damage I have suffered.

A: Waxing is indeed largely an eye wateringly painful experience and whilst there are some waxing boutiques that claim to provide pain free waxing (I have tested some of these and whilst marginally less painful it is hardly a painless and/or pleasant experience) waxing remains to be a painful experience with after effects including red, sore skin, spots, ingrown hairs and other such pleasantries.

And in the case of a waxing virgin (or even someone who regularly waxes but hasn’t done for a while) waxing can be extremely painful to the extent that the recipient can wonder if they are in fact the waxing is being carried out properly. However the therapist does have a duty of care to warn you of the side effects and advise you not to take a hot shower or bath for 24 hours after the waxing session and to use specific after care products to minimise the side effects.

You mentioned the name of the establishment in the longer version of your letter and having investigated I have found out that they are not only reputable but their therapists are all well trained and qualified by recognised industry associations. Your discomfort and the side effects sound to me (and to a dear friend of mine who is a v. well known and highly regarded beauty therapist who regularly carries out waxing treatments) to be par for the norm The red marks could be the pigmentation of the skin underneath all the hair and/or could be a side effect that will fade in time but you could seek the advice of a dermatologist on this. Whilst a waxing therapist does owe a duty of care to their customer and can be liable in negligence for breaching that duty of care it doesn’t sound to me as though that has been the case here. Eye wateringly painful followed by strange rashes and lumps and bumps, welcome to the world of waxing…I’d say stick to the hirsute look, quite a few of us ladies love a human gorilla…

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