Chargeback possible?

WelshGlyndwr

Yesterday, I bought a takeaway meal from uber eats for £12. The meal was atrocious, cold, tepid, unfit for human consumption. Uber eats offered only £1.59 credit. Can i claim chargeback for this and when can i claim chargeback?

pbartlett

Only if you have retained the meal and post it to the card company so they can check it.

WelshGlyndwr

pbartlett said:

Only if you have retained the meal and post it to the card company so they can check it.

really,? or is this sarcasm?

pbartlett

sorry, couldn't resist

WelshGlyndwr

pbartlett said:

sorry, couldn't resist

so i can get some money back?

cymruchris

WelshGlyndwr said:

pbartlett said:

Only if you have retained the meal and post it to the card company so they can check it.

really,? or is this sarcasm?

It sounds like sarcasm.

I think (as an opinion - as I haven't experienced this) you'd be better off escalating a formal written complaint with Uber eats - as they were the processor of your transaction, you didn't actually pay the restaurant directly for your purchase. 

You can have a look here for something that mentions it - although there may be someone more knowledgable than me that might give further pointers:

https://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

It mentions:

Payments through an agent or third party

It's not unusual for a business taking payment to be acting as an agent for the actual supplier. In this circumstance, Section 75 may not apply and you may not be able to claim against the credit card provider.

A good example of this is when you buy concert tickets. If you buy direct from the venue, then Section 75 may apply if the cost is over £100. If you buy through a ticket agency, then it may not.

This is because the card provider may argue that as payment wasn't made directly to the supplier of the goods or service, Section 75 doesn't apply.

So where possible, make any credit card payment direct to the company actually supplying the goods or services.

So I would escalate your complaint internally to the highest level and see how far you get, leaving an appropriate review for the restaurant, and if you get nowhere - vote with your feet, and don't use Uber eats anymore. 

eskbanker

There is no question of section 75 being relevant here - quite apart from the third-party aspect, it only applies to items priced at over £100!

However, chargeback is a separate process, which may be relevant if it can be demonstrated objectively that there's been a breach of contract and that the supplier hasn't been prepared to rectify the problem.  A string of colourful adjectives doesn't really cut it, and temperature-related matters are unlikely to be seen as pertinent (why would a delivery service guarantee that food won't need to be reheated on arrival if not to the customer's liking?), but if the customer genuinely feels that it's "unfit for human consumption" then that needs to be qualified in a meaningful way, in terms of exactly how/why it's unfit.

The multi-party scenario may play out to the customer's advantage in this case, as OP has already secured a partial refund from the delivery company, and may achieve more via a formal complaint, but the quality of the food is the responsibility of the restaurant itself, so, depending on who it was, they may be prepared to entertain a complaint too, even though OP legally contracts via the delivery service.

If OP really is willing to pursue this, the trivial amount of money involved makes it more likely IMHO that one of the parties will cave in and reimburse the missing tenner just to make (what's likely to be perceived as) a pedantic complainer go away....

jim1999

As a general rule, Uber Eats will only offer reimbursement for very small amounts, i.e. a portion of their cut.  They generally take the approach that they delivered the food that you ordered, and the fact that it was late or damaged doesn't mean it's inedible, so a full discount is not warranted.  I disagree with that interpretation, but I can't imagine it will get tested in the courts any time soon.

You may well get your money back through using the chargeback, and my understanding is that Uber Eats (if not Uber as well) will then close your account permanently.

So it's essentially a judgement call as to what outcome you'd prefer.

WelshGlyndwr

jim1999 said:

As a general rule, Uber Eats will only offer reimbursement for very small amounts, i.e. a portion of their cut.  They generally take the approach that they delivered the food that you ordered, and the fact that it was late or damaged doesn't mean it's inedible, so a full discount is not warranted.  I disagree with that interpretation, but I can't imagine it will get tested in the courts any time soon.

You may well get your money back through using the chargeback, and my understanding is that Uber Eats (if not Uber as well) will then close your account permanently.

So it's essentially a judgement call as to what outcome you'd prefer.

why would they close my account and not challenge the chargeback?

Chino

WelshGlyndwr said:

why would they close my account and not challenge the chargeback?

Nobody on this forum knows what Uber Eats would do. Odds are, Uber Eats will challenge the chargeback but won't close your account. In any case, would losing your Uber Eats account really be so terrible?

born_again

Get a lot of these. Never quite get the reasoning of calling you bank over such a small amount, which should be resolved with the retailer.
In effect the amount of work you would need to put in to prove your case is not worth it. As you need to prove your case & then hope Uber Eats do not contest on the grounds that they do not make the food, only deliver it.

Remember Uber Eats do not make/supply the food. They are just a 3rd party.

Next time order direct from the take away. It Means they get ALL the money paid & you have a easy route to complain.