None Delivery of Takeaway

ashfp

On 28th June, I ordered £49.80 in takeaway food for my office. I ordered using the Just-Eat website at 19:01 and a acknowledgement and estimated delivery time of 19:55 was given.

Due to a storm, the traffic was bad and the delivery driver rang me at 20:10 staying that he wouldn't be able to get the food to us until 22:10 at the earliest. I told the delivery driver that my office closes at 9 and so I would have to cancel the order, which the driver accepted. I then got a call from the manager of the restaurant stating that I could not cancel such a large order and that they would still deliver it, to which I told him that I could not take delivery at that time, because my office would be closed. The manager accepted this and hung up.

The money still got charged to my card though, so I rang up my credit card provider and raised a dispute, which has come back today and they will not refund the money because the takeaway company had offered to deliver the goods still, but I declined (because my office would be closed).

I don't really know what to do now, should I ring trading standards or raise a case in smalls claims court?

Any advance appreciated!

meer53

Can't see you getting anywhere with either really. You ordered food, the company said they could deliver it, albeit late, you cancelled the order. Could you not have arranged a different delivery address seeing as your office was closed ?

Fosterdog

I would say the opposite and that you could do something. You made an order based on a delivery time of 19:55, delivery two and a quarter hours later is unacceptable. Firstly the food would not be fresh and the takeaway place would have to lose more money making fresh to send secondly waiting over two hours for a meal is unreasonable.

The issue here is not that you were not available for re-delivery but that the first delivery failed and it would take so long for them to get to you that you may have had to make other meal arrangements, or in your case the rearranged time was no longer possible. This isn't like a lot of consumer issues where a three week wait without a computer is not that inconvenient, this is for food, an essential and two hours is unreasonable.

Meer53, the way I read it was that OP ordered food for other people in the office not just themselves so if the office was closed even if OP had it delivered to an alternative address the amount of food would no longer be required. Also I don't know about you but if I ordered a takeaway because I/others were hungry and it wouldn't arrive for more than two hours I would find food elsewhere as two hours is a long time to go without food after a long day in work and possibly not eating since lunch.

CAB_National_Representative

ashfp wrote: »

On 28th June, I ordered £49.80 in takeaway food for my office. I ordered using the Just-Eat website at 19:01 and a acknowledgement and estimated delivery time of 19:55 was given.

Due to a storm, the traffic was bad and the delivery driver rang me at 20:10 staying that he wouldn't be able to get the food to us until 22:10 at the earliest. I told the delivery driver that my office closes at 9 and so I would have to cancel the order, which the driver accepted. I then got a call from the manager of the restaurant stating that I could not cancel such a large order and that they would still deliver it, to which I told him that I could not take delivery at that time, because my office would be closed. The manager accepted this and hung up.

The money still got charged to my card though, so I rang up my credit card provider and raised a dispute, which has come back today and they will not refund the money because the takeaway company had offered to deliver the goods still, but I declined (because my office would be closed).

I don't really know what to do now, should I ring trading standards or raise a case in smalls claims court?

Any advance appreciated!

Hi ashfp - At the moment CAB Representatives are only answering certain topics on the MSE forum and we’re afraid your question is not within those areas. So you may prefer to post it again on another board (see the MSE forum index), especially the Consumer Rights board.

Alternatively, you may find some useful information on the Citizens Advice self-help website www.adviceguide.org.uk- which has a section on services and taking action. If you want to get further help, we'd also suggest contacting our Consumer Helpline (08454 040506, Mondays to Fridays, 9am to 5pm) or your local bureau. Our Consumer Helpline service also has links with Trading Standards, so details of the company might be taken for action by them.

We hope this helps.

ashfp

Thanks for your responses.

Fosterdog this exactly might point, it was just not acceptable to deliver hot food, over 2 hours late!

Thanks CAB representative, I'll look into those options today.

DVardysShadow

meer53 wrote: »

Can't see you getting anywhere with either really. You ordered food, the company said they could deliver it, albeit late, you cancelled the order. Could you not have arranged a different delivery address seeing as your office was closed ?

In relation to a delivery of materials from a builder's merchant, this advice would be correct for a delay of several hours.

But in relation to takeaway food, timely delivery is an implied condition of the contract. people want to eat when they are hungry. For a 2 hour delay, they would make other arrangements and besides many people will not eat too late.

In your position, I would re-raise the matter with the credit card provider [assuming it was a credit card] and make the point that delivery over 2 hours later for take away food is unacceptable - for these goods, time is of the essence.

AvadaKedavra

DVardysShadow wrote: »

In relation to a delivery of materials from a builder's merchant, this advice would be correct for a delay of several hours.

But in relation to takeaway food, timely delivery is an implied condition of the contract. people want to eat when they are hungry. For a 2 hour delay, they would make other arrangements and besides many people will not eat too late.

In your position, I would re-raise the matter with the credit card provider [assuming it was a credit card] and make the point that delivery over 2 hours later for take away food is unacceptable - for these goods, time is of the essence.

Exactly what I was thinking, :T. Even if the gentleman had accepted an alternative delivery address, this may not be convenient for his colleagues to travel to etc, which ever way you look at it it's an inconvenience and I would have cancelled too.

And I think it is completely reasonable to ask for a refund and cancel the order.

RICK..._2

Have you spoken to Just-Eat? Since they take your money, deduct 13% and pay the remainder to the takeaway.

It's always been my understanding that if there's any dispute then J-E are the people to talk to...

ashfp

RICK... wrote: »

Have you spoken to Just-Eat? Since they take your money, deduct 13% and pay the remainder to the takeaway.

It's always been my understanding that if there's any dispute then J-E are the people to talk to...

This is what I assumed would be the process, but apparently not, below is a transcript between myself and just-eat that I had just after getting off the phone with the takeaway manager:

Just-Eat transcript (their times are an hour behind for some reason, and yes, I feel stupid for saying that I would get the money back via credit card now!):

19:19:16: Ashleigh Peacock:
Cancellation

19:20:17:

All our operators are busy at the present time, however you are in a queue and an operator will be with you shortly. If you wish to leave a message for the operator to read, please type it in the input field and click the "Send" button. You may wish to check our FAQ at just-eat.


19:23:31:

Welcome to Just-Eat Customer Services.

You are through to Holly.

How may I help you?


19:23:33: Holly:
Hello You are through Holly at Just Eat customer care. How may I help you?

19:24:18: Ashleigh Peacock:
Hi, I ordered take away at 19:01, I was given an estimated delivery time of 19:55, I received a call from the delivery driver at 20:10 telling me that I would not receive the order until gone 22:10 at least. And therefore I would like to cancel my order.

19:24:41: Holly:
Please bear with me a few moments while I look into this for you.

19:26:46: Ashleigh Peacock:
ok, please do this ASAP, as I have to leave the office soon

19:27:21: Holly:
I have spoken to the takeaway and they have said that it is on its way and will be with you shortly

19:28:19: Ashleigh Peacock:
This is not acceptable, He told me that it had been cancelled. There's only myself left in the office

19:29:14: Ashleigh Peacock:
After he cancelled the order, everyone went home. I need to leave in the next 5 minutes too, as my office is closing

19:29:52: Holly:
They have said they are not willing to cancel the order as it has been made and it is on its way #

19:30:48: Ashleigh Peacock:
They said it's going to be gone 22:10 when it arrives, and when I said I wanted to cancel the order, they agreed. My office closes at 20:30, so I need to go. I just need to know the order is cancelled

19:31:16: Ashleigh Peacock:
and more importantly, that I will get a refund

19:31:52: Holly:
They have said they will not be canceling the order, sorry.

19:32:17: Ashleigh Peacock:
Can you explain how this is ok??

19:32:28: Ashleigh Peacock:
This is not acceptable

19:33:07: Ashleigh Peacock:
My office is closing now. For a start, the food would be stone cold by the time it arrived, and secondly I was told that the order would be cancelled

19:34:38: Holly:
I understand, please contact the takeaway again and see if you can find a resolution with them as they have told me it will not be cancelled.

19:35:06: Ashleigh Peacock:
But you are the company that have taken the money

19:35:29: Ashleigh Peacock:
You should be resolving this. As I will be cancelling the payment on my card if you do not resolve it

19:36:07: Holly:
I have spoken to the takeaway and they have said they are not canceling the order. I cannot authorise anything without their consent.

19:36:35: Ashleigh Peacock:
Well, I will be cancelling it on my credit card, so it's just eat that will be losing the money

19:37:58: Holly:
Just-Eat do not take any money from customers. The funds are sent to the takeaway during their invoice period. The takeaways pay for our service.

19:38:01: Ashleigh Peacock:
They already told me that I would be getting a refund, so I don't see what I will gain from ringing them and them feeding me lies again

19:38:32: Holly:
I am sorry for the inconvenience

19:38:39: Ashleigh Peacock:
You are clearly not.

RICK..._2

Personally I'd go down to the takeaway and discuss it with them face to face. If they have any sense they'll give you a cash refund. I can't see them trying to argue with you about it.

Alternatively I'd call Just-Eat rather than talk to the chimps on live chat, and explain the situation and the fact they agreed to cancel the order etc, they should put you on hold and call the takeaway there and then and hopefully resolve it..

A close friend of mine owns a chinese takeaway and as she doesn't speak great english I have to call them on her behalf whenever there's an issue.. which is quite often!! They're not the best people to deal with thats for sure.