Take away delivered to wrong address (prepaid) what are my rights.

drbluebox

I ordered online and paid by card, I did hear a knock at downstairs neighbour at delivery time but kept waiting till it was a hour from order to be told it has been delivered, takeaway refused to help and the description of the door and the person who answered matches my downstairs neighbour. I did go down and he has loud music on and guests (and empty take away boxes despite I know he doesnt eat takeaways)

The only thing to be fair is theres no numbers on the doors so its likely they miscounted but I have a outside buzzer so it seems they just walked into the building so thats not my fault.

I paid by card by a online website so I could ask them but just wanted to know my rights first.

unholyangel

drbluebox wrote: »

I ordered online and paid by card, I did hear a knock at downstairs neighbour at delivery time but kept waiting till it was a hour from order to be told it has been delivered, takeaway refused to help and the description of the door and the person who answered matches my downstairs neighbour. I did go down and he has loud music on and guests (and empty take away boxes despite I know he doesnt eat takeaways)

The only thing to be fair is theres no numbers on the doors so its likely they miscounted but I have a outside buzzer so it seems they just walked into the building so thats not my fault.

I paid by card by a online website so I could ask them but just wanted to know my rights first.

Quite clearly he will if they're free

Try a chargeback with your card company for non-delivery. If they ask the company for proof and the company give the descriptions of the neighbours door, that should be enough to prove they didn't deliver to your address.

The only problem with this may be if you paid a third party - rather than the takeaway place themselves. Such as paypal or one of the food ordering sites (will depend on the specific set up). Worst the bank can say is no though.

Failing that? A letter before action and/or reporting to trading standards. I wouldn't go further than a letter before action unless you ordered a very expensive takeaway.

ETA: if there was any confusion for the driver that he had the right address, he should have taken reasonable steps to ascertain he had the correct address. Such as asking for the name and/or asking them to confirm what they ordered. If a loss is within their control, they cannot make you liable for it.

bris

Blame the neighbour, the poor delivery guy was hoodwinked, when he chapped the door the neighbour quite clearly deceived the guy stole the food. Anyone else would have refused it and sent the food your way.


Maybe report the neighbour to the police for theft by finding, yes that is a real crime.

drbluebox

The takeaway drivers in my area just shove food in your hand without even checking though likely as want to do a lot of deliveries in a short time.

Anyway been getting more the run around, the third party company I paid said they spoke to them and they would redeliver, then got a phone call from takeaway saying they will not be bullied into delivering another one.

Did get a refund in the end but the takeaway claims we are "banned" from them.

unholyangel

bris wrote: »

Blame the neighbour, the poor delivery guy was hoodwinked, when he chapped the door the neighbour quite clearly deceived the guy stole the food. Anyone else would have refused it and sent the food your way.


Maybe report the neighbour to the police for theft by finding, yes that is a real crime.

Sorry I wasn't saying the neighbour is innocent in this - I can't abide theft in any form. Just that the OP should not be made the takeaways insurer - especially against a risk that is within their control & can be avoided by taking reasonable care. The takeaway were the victim here, not the OP.

Although I believe it may be theft by deception. And (somewhat tongue in cheek) the empty cartons are proof of "intent to permanently deprive" :rotfl:

unholyangel

drbluebox wrote: »

The takeaway drivers in my area just shove food in your hand without even checking though likely as want to do a lot of deliveries in a short time.

Anyway been getting more the run around, the third party company I paid said they spoke to them and they would redeliver, then got a phone call from takeaway saying they will not be bullied into delivering another one.

Did get a refund in the end but the takeaway claims we are "banned" from them.

Nothing you can do about the banning I'm afraid. Providing they aren't discriminating against you on the basis of a protected characteristic, both businesses and consumers are entitled to form contracts with who they wish.

At least you got your refund though

duchy

I do think you should let the Just eat type company know that you have been banned though.They may have more clout as they give them business.

JReacher1

I would never want to order a takeaway from someone I had argued with. I wouldn't trust them to not mess with my food!

Therefore I doubt the banning is a major issue

DandelionPatrol

drbluebox wrote: »

Did get a refund in the end but the takeaway claims we are "banned" from them.

That's all to the good. The more people they ban, the sooner they will be out of business.

arcon5

bris wrote: »

Blame the neighbour, the poor delivery guy was hoodwinked, when he chapped the door the neighbour quite clearly deceived the guy stole the food. Anyone else would have refused it and sent the food your way.

All moot really. Delivery drivers fault or not, they still delivered the food to the wrong address. That is not ops fault.

terryw

It might be a good idea to put a number on your door to avoid future problems.