Tasty solutions for food delivery troubles

How to complain about take-aways and deliveriespicture 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?

Your consumer rights when your food delivery goes wrong

You are totally within your rights to reject the order when it arrives if it is not as you ordered. You 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 you had to order another takeaway at additional cost to the original order, you could argue that in law you 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.

How to complain about your fast food delivery

You may already have paid for the delivery before it arrives and then 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!

 

 

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!

 

 

Don’t gobble rancid Tesco turkey. Know your rights

Your consumer rights when you buy food not for for human consumption

So, to another Tesco story. Tesco History with The Complaining Cow. But this time it isn’t involving me! This Christmas people appear to have bought gone off and rancid turkeys. Costing up to £59, the Tesco finest range is coming under fire. The Telegraph, The Guardian and others reported numerous people complaining on social media having bought a turkey that they either threw away or cooked and had their meal ruined and were ill. On Twitter there were claims of people being sick but some people didn’t believe that everyone would be il from one mouthful, or that one wouldn’t smell it was off before cooking. Tesco has said that it would provide full refunds for affected turkeys. But what are your rights? Are you entitled to more?

1) First and foremost under The Consumer Rights Act 2015 you are entitled to goods of satisfactory quality. Clearly this is not the case if you bought a rotten turkey, so are entitled to a full refund. You will need to evidence then purchase with any proof of purchase e.g. receipt, Clubcard record, statement etc. Evidence could be a photograph, report from your local council Environmental Services etc.

2) By breaching a contract (The Consumer Rights Act 2015) it should be considered that Tesco is liable for consequential loss. This means that if it ruined the rest of your meal you are entitled to the cost of the other food. So for instance, in the example regarding giblets used to make the gravy and poured over the food, Tesco is responsible for that too.

3) You are also entitled to loss of enjoyment of the meal. Harder to fight for, but if you were to argue in the Small Claims Court for loss of enjoyment on the big day you’d probably win and frankly trust me on this, although I have taken Tesco to court and won it is unlikely that they would let it go to court. Don’t forget photos of all the untouched turkey.

4) Been made ill? Prove it. Easily done. If you really have had food poisoning you would go to the doctor (each and everyone of you that has the sickness) and provide this evidence. You should also keep part of the turkey. Send some to Tesco for analysis and some to your local Environmental Health department.

5) Tesco has now said it is offering £75 as a goodwill gesture on top of the refund. You could go more if you feel that your loss was more and outline reasons using the Top 20 Tips for how to complain effectively.

 

For substantial information, advice, consumer law and templates for complaining effectively get the book! How to Complain Effectively: The Essential Consumer Guide to Getting Refunds, Redress and Results!