Tasty solutions for food delivery troubles

picture of Chinese takeaway food laid out on plates on table

Have you ever ordered a takeaway that has taken significantly longer than advertised to deliver?

A consumer is totally within their rights to reject the order when it arrives. Consumers have a right to a discount on the order if they decide to keep it.

pizza pieces Takeaway troubles? How to get your appetite back.In fact, if the delivery was so late that the consumer has had to order another takeaway at additional cost to the original order, they could argue that in law they are entitled to the difference too. One must be reasonable, so the delay would need to be unreasonable and within the delivery company’s control.

Any food delivery company not delivering when promised would be in breach of a number of laws.  Under the Consumer Rights Act 2015 (CRA) services should be carried out with information given verbally or in writing to the consumer which is binding where the consumer relies on it. Any service must be carried out within the agreed time. Secondly, The Consumer Protection from Unfair Trading Regulations 2008 (amended 2014) (CPUTRs) prohibit trading practices that are unfair to consumers and there are bans on Misleading Practices.

You may already have paid for the delivery before it arrives and the find it difficult to get the refund/discount. Take a picture of the delivery with the time and making copies of any evidence showing the delivery time. (Always make a note of the time you placed the order). Then write to the manager of the company with who you paid the money whether this is the actual delivery company or not, your contract is always with whom you paid your money.

Give details of date, time of order and time of delivery with any evidence. State that the company is in breach of the Consumer Rights Act 2015 and The CPUTRs (using the information above). State that should you not be fully satisfied with the response then you will take the matter further which will include but not be limited to informing Trading Standards and detailing your experience on relevant review sites. You could even threaten the Small Claims Court but few people would carry this threat through. Quoting your legal rights in this way usually gets the redress you are owed!

Paying through an app? Your contract is always with whom you paid. So just like companies that try and fob you off and tell you to contact the courier when you’ve ordered something online… don’t be fobbed off re food delivery. Let the company you paid get its money back from the fast food place!

The same applies for other issues, such as wrong or missing items.

If you are still unhappy you can always write to the CEO, contact details for CEOs can be found at www.ceoemail.com. The CEO won’t necessarily respond personally but the matter will be escalated and taken more seriously. If more people started to complain and assert their legal rights then service would have to improve or companies would go under from providing refunds and discounts. As for companies who repeatedly breach the CPUTRs a breach is a criminal offence. The maximum penalty on conviction is a fine and two years’ imprisonment!

How to Complain: The Essential Consumer Guide to Getting Refunds, Redress and Results!

 

 

For more information, tips, advice, consumer law and template letters for most consumer complaint scenarios GET THE BOOK! How To Complain: The ESSENTIAL Consumer Guide to Getting REFUNDS, Redress and RESULTS!

 

 

The Ombudsman Omnishambles continues… Even on Conflict Resolution Day…

Today (20th October)  is Conflict Resolution Day. Created in 2005 by the Association for Conflict Resolution1. It is now an annual celebration aimed at increasing awareness of the various peaceful, non-violent methods of dispute resolution (ADR) available to traders and consumers.

Lots of people text Ombudsman omnishambles
How are authorities failing in their approval of ombudsmen and ADR providers? Many ways

 

Helen Dewdney, The Complaining Cow blogger and author of How to Complain: The Essential Guide to Getting Refunds, Redress and Results! recommends ADR to consumers as a cost effective (usually free to consumer) and speedier process than going to court. She expresses concern over the current landscape though saying that many people don’t know about ADR. “Frequently I hear from people who are at the end of their tether with traders and although may be aware of an ombudsman for regulated sectors such as Finance, Energy and Telecoms they are less aware of other sectors such as property, vehicles and furniture.”

For example, The Furniture Ombudsman now incorporating The Dispute Resolution Ombudsman was set up by the Office of Fair Trading and has 25 years of experience in the retail sector dealing with complaints around furniture, home improvement and general retail goods. The independent, thorough investigation process frequently involving expert reports ensures a fair resolution for both parties, that consumers can trust. Kevin Grix, CEO of The Furniture Ombudsman and The Dispute Resolution Ombudsman advises consumers to become more aware of ombudsman schemes and protect themselves more from the outset. “Before you shop, make sure your trader of choice offers ADR and if you find yourself in a dispute, you can ensure you contact the right ADR scheme for the trader you have a contract with.“

Ombudsmen use adjudication, which is usually free to the consumer, binding on the trader but not on the consumer should s/he not agree and want to take the matter to court. However, lesser known but an alternative to Ombudsmen is mediation which puts the parties within a dispute in control of the outcome, taking into account wishes and needs not just legal entitlement. Jo Holland, a mediator consultant with 10 years’ experience finds that people often want to be heard, say their piece or just hear an apology and says “Consumers and businesses need choice and access to affordable and speedy dispute resolution. Mediation provides imaginative, practical and financial outcomes without the need to go to Court”

However, an investigative report Ombudsman Omnishambles: Serious unresolved issues affecting the operation of the ombudsman ADR system in the UK2 written by Dewdney and Marcus Williamson identified a number of issues regarding the certification and ongoing monitoring of ADR providers. The organisations responsible for appointing and overseeing the ombudsmen appear to be taking a “light touch” approach to the new privatised ombudsman sector.

Among the findings of the report:

* The Chartered Trading Standards Institute (CTSI) does not carry out basic “fit and proper” person tests before approving ombudsmen, their staff and contractors.

* One ombudsman is breaching Ombudsman Association rules on independence, openness & transparency. In particular, the company is running an “accredited retailer” programme in parallel with having the ombudsman role confusing consumers.

The use of ADR has the potential to offer consumers effective means of redress and the expansion into other sectors is welcomed but key issues must be resolved before bringing the whole sector into disrepute and lose confidence of consumers.