None Delivery of Takeaway

ashfp

I originally posted here: (I can't post links as I'm a newcomer to the site, post no. 55678205)
but was informed that I should post here also.

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!

arcon5

Ask for proof that it was delivered as insist they did not deliver the food. See if there is an appeal process or something, basically push it as far as possible with the CC company.

Contact Just-Eat and raise a complaint.

Phone the restaurant, record the call and ask for an explanation as to why despite their failure to deliver at the agreed time and despite the order being cancelled as a result they have still not refunded the money.

Then look to go to small claims court.

System

If it was going to take the delivery driver 2 hours to drive to your office with the food I don't think I would have wanted to eat that food!

That had to be rank by the time it arrived!

System

I think a problem you may have is that the problem was almost 3 months ago. You should have complained first to Just Eat before going down the chargeback route. They could have then refunded you the money before they had paid the restaurant.

A complaint raised now 3 months later may seem a bit strange.

ashfp

I did forget to mention that I contacted just-eat straight after getting off the phone with the takeaway place and they basically said that they could not do anything for me. Transcript below.

I really did try and push things with the credit card company, but they just wouldn't take it any further as in their eyes, I had told the takeaway not to deliver. I pressed them to say that surely if the takeaway had agreed to cancel the order, but still took the money, this was a fraudulent transaction, which they wouldn't accept because of the above reason again.

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.

System

I suspect its going to have to be a small claim then! Although whether you will win or not is debatable based on the reply from your credit card company.

I would say the moral of the story is to pay cash on delivery!

ashfp

arcon5 wrote: »

Ask for proof that it was delivered as insist they did not deliver the food. See if there is an appeal process or something, basically push it as far as possible with the CC company.

Contact Just-Eat and raise a complaint.

Phone the restaurant, record the call and ask for an explanation as to why despite their failure to deliver at the agreed time and despite the order being cancelled as a result they have still not refunded the money.

Then look to go to small claims court.

goater78 wrote: »

I think a problem you may have is that the problem was almost 3 months ago. You should have complained first to Just Eat before going down the chargeback route. They could have then refunded you the money before they had paid the restaurant.

A complaint raised now 3 months later may seem a bit strange.

goater78 wrote: »

I suspect its going to have to be a small claim then! Although whether you will win or not is debatable based on the reply from your credit card company.

I would say the moral of the story is to pay cash on delivery!

Yep, I'll not pay for takeaway if there's the option for cash now, even if it means walking 10mins to get the cash out!

arcon5

Next they'll be investigating no shows for cab drivers

Cnap

Food from Just Eat isn't good.

shaun_from_Africa

If I were the takeaway suddenly stitched up - particularly with plenty of 'chatter' on an internet forum - I would be pushing the police pretty hard.

Has the takeaway in question actually been named?
I thought that "Just eat" were simply an ordering website acting as a go-between.


I suppose that it's not impossible that the takeaway owner might consider taking out a private prosecution if they have been suffering from loads of dodgy orders, but as they would have to go through, and pay for the investigative process themselves, I can't see them doing this unless the money lost was a considerable amount.

Equaliser123

shaun_from_Africa wrote: »

Has the takeaway in question actually been named?
I thought that "Just eat" were simply an ordering website acting as a go-between.


I suppose that it's not impossible that the takeaway owner might consider taking out a private prosecution if they have been suffering from loads of dodgy orders, but as they would have to go through, and pay for the investigative process themselves, I can't see them doing this unless the money lost was a considerable amount.

Completely agree. The issue remains however, that it would be a criminal offence and not something which should be advocated as a clever thing to do.

I have little confidence in the Police. That said, I once reported a stopped cheque - for about £20 - and was amazed at the action they took.