Can a restaurant force me to pay a tip for such a horrible Christmas dinner? DEAN DUNHAM answers

I paid a deposit for a Christmas Eve dinner at our local restaurant. Unfortunately it wasn't much: the service was slow, the food was overcooked.

As such, I didn't leave a tip, but the manager deducted it from my deposit anyway. How is that legal? LB

Dean Dunham replies: Tips are generally discretionary and therefore not part of the cost, meaning there is no legal obligation for you to pay.

It follows that a restaurant has no legal right to charge you a tip or deduct a tip from a deposit you have made.

The only exception to this is if the restaurant has clearly told or advertised to you that there will be a mandatory and fixed amount of service charge or tip charged.

If no mandatory service charge/tip was advertised, you will need to request a refund.

If the restaurant refuses, file a chargeback claim if you paid the deposit on your credit or debit card, as you are obviously still within 120 days of payment.

To make a claim, simply contact your bank or card issuer and report that the restaurant has not refunded your full deposit.

And because you are entitled to this money, there is a 'breach of contract'. These three words are important in a chargeback claim, so make sure you use them.

Finally, you can also complain about the poor quality of the meal and the poor service.

The Consumer Rights Act says that goods (in this case the food) must be 'as described' and that services (the service you receive from restaurant staff) must be provided with 'reasonable care and skill'.

When these rights are violated, you can request a solution that includes either a partial refund of the bill or a discount on a future meal.

Can I get a full refund for my Christmas jumper?

I want to return a sweater I received as a Christmas present.

I see online it's on sale now. Do I have the right to request a full refund? And can I claim a refund instead of a voucher?

GH, by email.

Dean Dunham replies: If the sweater was purchased online and is still received within 14 days (or within the period specified by the retailer if they choose to allow more than 14 days) of delivery to the gift bearer, you can return it at under the Consumer Contracts Regulation.

You are entitled to a cash refund equal to the amount paid by the bearer of the gift.

Although you can choose to accept a voucher if one is offered, please note that the retailer cannot force you to do so.

If the sweater was purchased in a store, check to see if the retailer has a special Christmas returns policy.

If this is the case (which is likely), you can return the jersey if you are still within the stated time limit.

As with online purchases, you are entitled to a refund equal to the amount the gift carrier paid for the sweater.

However, you should see what the retailer's return policy says about the form of the refund.

Here the retailer can choose to specify in their returns policy that they will only provide a voucher or an exchange of goods, rather than a cash refund.

Regardless of whether the sweater was purchased for you online or in-store, you must provide one proof of purchase (such as a receipt, gift certificate, or bank/credit card statement) and the sweater must be in its original retail condition (with all tags attached) — failure of which the retailer may refuse to return the product.

• Write to Dean Dunham, Money Mail, Scottish Ny Breaking, 20 Waterloo Street, Glasgow G2 6DB or email d.dunham@dailymail.co.uk. The Ny Breaking cannot accept any legal liability for any answers given.