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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think we shouldn’t have had to pay?

316 replies

MamToTeens · 31/12/2019 20:57

Took DH, 2 DC and BIL out for lunch today. After ordering, it took 10 minutes for the drinks to come (not too long considering, but they were literally cans that we could see from the table). We then had to wait another hour and a half for food! There were 2 cooked meals and 3 sandwiches. The cooked meals were burned and the bread was stale, basically inedible. We are a bit but couldn’t manage much. We were then told that it was cash only, even though it hadn’t been clearly advertised (argument was that it was on the door, which was open so we couldn’t see the sign). It was around £60 for the 5 of us, so I couldn’t afford it with cash. We walked out without paying and they threatened to call the police. Haven’t heard anything yet. AIBU to have refused to pay? And will they be able to do anything when they don’t have names or anything?

OP posts:
QueenOfTheFae · 01/01/2020 09:43

Didnt they eat it?

Scarlettpixie · 01/01/2020 09:47

what about when you get overpaid at work, you didn't mean to be overpaid, you still cant keep it. Lack of intent does not remove a crime.

Overpayment of salary is a civil matter @queenofthefae and will be pursued as a debt. It does not meet the criteria for theft on a number of points.

OP - did you not pay because you were unhappy with the food and service or because you had no cash. If the former you should have clearly explained this at the time, said you would pay for the drinks and asked for the bill to be adjusted. If the latter, you should have offered to go back and pay, made a bank transfer or asked where the closest atm was. In both cases you should have left details if you couldn’t/wouldn’t pay there and then. Just walking out (Whether or not you chucked a fiver on the table) is well out of order and could well be considered theft.

tallulahhulah1 · 01/01/2020 09:49

Imagine going into the New Year as a thief.

MelroseHigginbottom · 01/01/2020 09:49

Wow good example to set to your children OP Hmm

cosima1 · 01/01/2020 09:54

Did I read this differently to everyone else? Confused

The OP sat for 1.5 hours (god knows why) waiting for sandwiches and two cooked fishes. Most people would have walked after say, 30-40 mins in that kind of scenario. Would that have been “theft” too - they would have already started preparing the food after all? No it would not. You tell them clearly why you are leaving and you leave.

Then, after all this, the food comes and it’s inedible. So you tell them it’s inedible. Most cafes / restaurants would apologise profusely, especially given these customers had had to wait so long. In this scenario, offering an alternative from the menu would hardly fly, given the fact they’ve already been waiting for 1.5 hours!! So they might offer vouchers or free drinks for another time and waive the bill. In fact, I’m amazed they weren’t offered free drinks while they were sat there 1.5 hours. Or that the restaurant weren’t more proactive in reducing /waiving the bill for some if not all items.

If I was not happy with the food, after waiting that length of time, I would simply tell them that I’m not happy to pay for the food or service as both have been diabolical. Most cafes /restaurants should accept this. But it sounds like this one have had the audacity to argue the point. The whole thing is a joke. I would have walked too. Or if they wanted to call the police there and then, fine.

They won’t call the police because they know they don’t have a leg to stand on. The OP didn’t just up and leave surely? She was very clear why she wasn’t paying and had expressed dissatisfaction throughout the time she’d been in there. Also, they sound dodgy - only accepting cash? It’s probably so people can’t block the transactions or have any record because this cafe must know they’re shocking and probably have people walk all the time.

Namechanger23455 · 01/01/2020 09:54

Make off without payment

cosima1 · 01/01/2020 09:54

two cooked dishes, not fishes!

geekone · 01/01/2020 09:59

Actually it’s not illegal if you have complained as eating a meal out is a contract. If you didn’t complain then you would have broken the contract and they can take you to court, but a civil action.

In all honesty though, you sound like a CF looking for an excuse.

www.google.co.uk/amp/s/www.thestar.co.uk/news/can-i-legally-refuse-pay-food-restaurant-325812%3famp

Jemima89 · 01/01/2020 10:00

You should have complained about it as soon as the food came, paid for the drinks and left after discussing with the manager.

Equanimitas · 01/01/2020 10:01

Legally you can only walk out without paying full price if you pay for the cost of the ingredients and an explanation along with your contact details

Nonsense. When you go to a restaurant, you make a contract for the supply of reasonable quality food within a reasonable length of time. If they don't comply with their obligations under the contract, the customer doesn't have to pay for the ingredients they've ruined.

needanewnamechange · 01/01/2020 10:05

Course it's not theft !! the food was rubbish the wait long ! You left a £5 for the drinks .( which the op said was cans )
The only criticism was that it was cash only , I always check as some cafes are one if us would if nipped out to a atm . I perhaps would of complained and offered half and never gone back left a rubbish review on TripAdvisor. That's why I'm suprised they didn't offer discount ,

Some of the posts on here are a bit Hmm .

cosima1 · 01/01/2020 10:06

“You should have complained about it as soon as the food came, paid for the drinks and left after discussing with the manager.”

But that’s what they did Confused

Arthritica · 01/01/2020 10:06

I’m with @cosima1 - what are the rest of your reading?

Kept waiting 90 minutes for food (and complained at the time)
Served burnt meals and stale sandwiches (and complained at the time).
Food ‘inedible so presumably didn’t eat it, or picked at the edible bits because by that point presumably they were famished.
Left in disgust.

Thanks not eating and running, that’s having an afternoon spoilt by terrible service.

EntropyRising · 01/01/2020 10:11

If you actually waited 1.5 hours without exaggeration, then I think you're probably within your rights - but why didn't you leave after say, 45 min? 30 min? That's weird.

Newdilemma · 01/01/2020 10:12

I wouldn't have paid for a meal that bad. But you need to complain at the time and make it clear that you are not paying as the food was not of a standard to be worth paying for.

IceColdCocaCola · 01/01/2020 10:13

Anyone else get the feeling OP is exaggerating about the length of wait and quality of food? Hmm sounds like a story which has grown arms and legs to justify walking out...

ClappyCheeks · 01/01/2020 10:15

Abysmal service. Inedible food. And yet so many posters here think the customer should just pay up. This must be in UK.

The way she handled it was all wrong. It is clear she only intended not to pay when they only took cash and she couldn’t be arsed. I would not have sat and waited an hour and a half for food and would have told them I was leaving and to cancel my order so I wouldn’t have paid either (except for my drinks). I wouldn’t have sat there like a prick and then ate the food before deciding that it was inconvenient for me to pay.

EntropyRising · 01/01/2020 10:16

Abysmal service. Inedible food. And yet so many posters here think the customer should just pay up. This must be in UK.

I suspect it's more a literally unbelievable story.

iMatter · 01/01/2020 10:17

3 adults and only £5 between you?

WaterSheep · 01/01/2020 10:20

I suspect it's more a literally unbelievable story.

Indeed. Does anyone defending the OP really believe that her post is 100% truthful? The figures just don't add up. 5 drinks only cost £5, but 3 sandwiches and 2 cooked meals costs £55.

bootsyjam · 01/01/2020 10:23

I think you did the right thing. You paid for the drinks, waited ages for food that was inedible, which you didn't eat, and then refused to pay whilst also stating that it wasn't clear in the first place that it was cash only payments. So they're a bunch of tax dodgers too!
Regarding what they can do to you, I think that this is a civil case (please google to make sure). Even if the police were called at the time then they can't intervene. From what I have read before, the correct thing to do in this instance would be to pay for the shop price of goods consumed and leave it at that. The fact that you waited for ages for a product that was then not consumed and not as advertised (is this correct?) means that you were morally in the right IMO. Although technically this is a grey area but let's face it, if you're sold something, you receive it and are unable/unwilling to consume as it is not up to subjective standards then it's quite clear you have a case to act. The precise and correct way to do it is open to wide interpretation.

Dementedmagpie · 01/01/2020 10:23

I went to a cafe in a NT type place once (not in a town, so no other eateries around) We waited over an hour for sandwiches. After about 50 min we said we weren't prepared to wait any longer and could we get a refund for the food. They refused and said the food was just coming. Then they brought 2 of 5 orders wrong. I sent them back straight away (and they rectified quickly) although still appalled they didnt offer a discount

CtrlU · 01/01/2020 10:24

Hold on...so why didn’t one of you go to the cashpoint then got the money, paid and then explain your dissatisfaction ??

You wouldn’t go into Tesco, eat the food then say you didn’t like it and leave would you !?! Why on earth would you think this was ok ??

People like you make me sick. You fully go in these places knowing you will do whatever you can to find fault and avoid paying. It’s pathetic

ferrier · 01/01/2020 10:27

No way would I have paid for the food in this scenario.
Given so much second guessing of the scenario by pp my own second guess is that OP's party did indeed complain and ate little of the food as it was inedible. Having decided the 'meal' was worth £5 they waited for a member of staff to explain this to. Then they looked around for someone to explain this to and couldn't see anyone. After a further 5-10 minutes of this (not unreasonable given the shoddy service thus far) they walked out.

Butchyrestingface · 01/01/2020 10:32

Not that I believe you paid for the drinks bug £5 would not have covered it any case.

I can see why someone would refuse to pay for the food but it will look to the restaurant (and possibly the police) that you walked out w/o paying because you couldn’t afford to pay.

Wonder who your first footer is going to be today. 👮‍♀️ Grin