'My Deliveroo order was wrong and they refused to replace it - is that allowed?'
Patrick asked: "My Deliveroo arrived with the main item wrong. They wouldn't issue a replacement and would only give me credit or a refund. Even with credit, to replace it would cost me delivery fees of £2.99, a £0.50 service fee and a small order service fee. Is it legal to refuse to replace? What are my rights when a takeaway arrives wrong?"
We asked consumer expert Scott Dixon from The Complaints Resolver to tackle this one.
He said issues with takeaway deliveries had soared since the creation of delivery apps, with companies able to fob customers off with a range of excuses.
"Common problems I see are delays resulting in food being cold and inedible, spilt coffee over food, orders never arriving or being delivered to the wrong address, wrong orders, missing items and refunds being refused in line with the food delivery platform's policy after investigation," he explained.
"Consumers often don't realise the order they have accepted was wrong until it's too late and the delivery driver has left. Orders are often delivered in sealed bags so it's impossible to check the items before a driver leaves, with delivery companies giving small credits which are a fraction of the food and delivery costs."
When these issues occur, Dixon said, customers often find themselves caught in the crosshairs between the delivery company and the takeaway provider.
What are you entitled to?
Under the Consumer Rights Act 2015, goods ought to arrive as described and if the food you have received is not what you ordered or items are missing, this is considered a breach of contract and you are entitled to a remedy.
Dixon said that in this particular case, you would be entitled to ask for a replacement and the outlet should offer it, without charging you any fees.
However, the offer of a credit or refund would be considered a fair and reasonable remedy.
But charging you delivery fees, service fees or an order fee could be considered as a breach of contract under the Consumer Rights Act 2015, according to Dixon.
So, what should you do?
To start, Dixon said you should contact the delivery company via the app that the takeaway has a contract with - so Deliveroo in this case.
"If you have a problem with your takeaway order, you need to contact the delivery food company and takeaway as soon as possible to give them an opportunity to put things right and explain what has happened," he said, stressing that being nice is more likely to get you a quick outcome.
"Proof is key in these disputes, so gather your evidence. You need the date and time you placed the order, receipt, time it arrived, screenshots and photos to prove your case.
"If you ring to complain, note the time you called, who you spoke to, what was promised and put it in writing to confirm what was discussed to create a paper trail if you need to escalate your complaint."
If your request has been denied, what happens next?
If you are denied a replacement or a credit for missing items and cannot resolve a dispute, Dixon said you should escalate the complaint and stress there has been a "breach of contract" under the Consumer Rights Act 2015.
With takeaways, you're not talking about the kind of money that would make going to the small claims court worthwhile, and the best way to get your money back would be via chargeback.
"It's worth saying that if you are unwilling or unable to put things right, you will contact your bank or credit card provider and raise a chargeback to dispute the transaction," he added.
"You need to push hard on chargebacks citing 'breach of contract' as they are often rejected on the first attempt.
"Chargebacks are problematic and costly for retailers, so even mentioning it will often elicit a swift outcome to close your dispute."
This feature is not intended as financial advice - the aim is to give an overview of the things you should think about. Submit your dilemma or consumer dispute via:
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