Cashback sites where retailer will not pay

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2

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  • Exile_geordie
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    Out of interest how does the MSE guru and the font of all consumer knowledge's info compare with that of consumeGuy0016?


    Lets find out shall we
    http://www.moneysavingexpert.com/shopping/cashback-websites

    Think of cashback as a bonus only - it's not guaranteed


    Now it would be nice when ConsumerGuy0016 logs back in if he can direct me to where it states anywhere on the web that a contract is formed with a site like Topcashback when using it to get cashback through the affiliate scheme.


    Im always willing to learn and put wrong what I previously thought was right.
    Dont rock the boat
    Dont rock the boat ,baby
  • InsideInsurance
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    Your agreement is with TCB, TCB receives £X for the sales generated by you clicking on their link and going on to buy something. TCB then pays you £Y as "cashback" (-v- MSE that simply keeps £X for themselves)

    Does this meet the definition of a contract? Arguably yes but you are thinking of it the wrong way round. You as the clicker are the ones that are "selling the service" and TCB is the buyer as they are the one that pays you £Y for giving that service to them.

    You do also have a contract with the end merchant but that has nothing to do with cashback. Similarly TCB has a contract with the merchant as an affiliate marketeer where they provide advertising space in exchange for £X

    It is no different to a cashback credit card, your contract for the cashback is with your bank/ card provider and not the merchant that you happen to use it with. If Capital One failed to give you your 0.5% cashback for buying a computer from Apple you would pursue Capital One not Apple even though Cap1 funds the cashback from the merchant fees Apple has to pay.
  • Exile_geordie
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    Aww I see Consumerguy0016 has been ppr'd. Was he a naughty boy then ? :)
    Dont rock the boat
    Dont rock the boat ,baby
  • carh
    carh Posts: 174 Forumite
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    Thanks for all the advice, there seems to be mixed feelings but generally, the agreement to go through the cashback site with them offering this cashback appears to mean that any consumer has entered into an arrangement with the cashback site and it is the site that is responsible for paying out.
    As the cashback site is obviously passing the buck, and will continue to do so even though there are a LOT of angry unpaid people out there, the next step is knowing who to ask to take this over. I doubt if FOS would want to be bothered but if enough complaints went through, they may take note. As the cashback firm are not actually "selling " anything , Long Distance Selling Regs would probably not count either. I still think places like Watchdog are the best option if enough people wrote in. It may sound pathetic to keep spending time on minimal amount of £12 or £20 owing but imagine how much the site is making if they don't pay out for some excuse. It is only by complaining that things seem to ever get done these days
    Carh:A
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    First Post Combo Breaker
    edited 25 February 2015 at 3:51PM
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    carh wrote: »
    Thanks for all the advice, there seems to be mixed feelings but generally, the agreement to go through the cashback site with them offering this cashback appears to mean that any consumer has entered into an arrangement with the cashback site and it is the site that is responsible for paying out.
    As the cashback site is obviously passing the buck, and will continue to do so even though there are a LOT of angry unpaid people out there, the next step is knowing who to ask to take this over. I doubt if FOS would want to be bothered but if enough complaints went through, they may take note. As the cashback firm are not actually "selling " anything , Long Distance Selling Regs would probably not count either. I still think places like Watchdog are the best option if enough people wrote in. It may sound pathetic to keep spending time on minimal amount of £12 or £20 owing but imagine how much the site is making if they don't pay out for some excuse. It is only by complaining that things seem to ever get done these days

    In practice, you go for both.

    Most merchants will tell you its nothing to do with them, which is true, but you do get some cases where the merchant will take ownership. The real duty is with the cashback site but their T&Cs basically tries to absolve them of all responsibility. Cashback really should be seen as a bonus and is never guaranteed

    DSR dont exist any more as it was replaced with the CCR and as I said, you are actually the one selling the service because they are the one paying you.

    The cashback sites are regulated by the FCA (directly or indirectly as an introducer) only in relation to their promotion of financial products (insurance, banking etc) and not their other activities. As this particular purchase was not a financial product then you wouldn't have access to the FOS for a complaint.
  • Shrimply
    Shrimply Posts: 869 Forumite
    First Anniversary Combo Breaker
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    Missing cashback claims usually get paid ( eventually) in my experience. So I presume Topcashback do, do something

    An extreme example.

    I bought Windows 8 update from Microsoft, Jan 2013, 2 weeks later it hadn't tracked so I submitted a claim. Sent a couple of nudges but never heard anything more and had given up hope of cashback.

    November 2014, I got the £3.25 or whatever it was cashback.
  • Money-Saving-King
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    carh wrote: »
    but imagine how much the site is making if they don't pay out for some excuse.

    Bit of an accusation isn't it?
  • photome
    photome Posts: 16,362 Forumite
    Name Dropper First Anniversary First Post Bake Off Boss!
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    carh wrote: »
    Thanks for all the advice, there seems to be mixed feelings but generally, the agreement to go through the cashback site with them offering this cashback appears to mean that any consumer has entered into an arrangement with the cashback site and it is the site that is responsible for paying out.
    As the cashback site is obviously passing the buck, and will continue to do so even though there are a LOT of angry unpaid people out there, the next step is knowing who to ask to take this over. I doubt if FOS would want to be bothered but if enough complaints went through, they may take note. As the cashback firm are not actually "selling " anything , Long Distance Selling Regs would probably not count either. I still think places like Watchdog are the best option if enough people wrote in. It may sound pathetic to keep spending time on minimal amount of £12 or £20 owing but imagine how much the site is making if they don't pay out for some excuse. It is only by complaining that things seem to ever get done these days

    they will only make money if they get paid by the retailer, if they have been paid I think they would pay you, if they havent been paid and have chased it and the retailer wont pay them (as they say you returned it) they are not going to pay you
  • carh
    carh Posts: 174 Forumite
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    Bit of an accusation isn't it?
    Sorry, didn't know you worked for them
    Carh:A
  • InsideInsurance
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    Bit of an accusation isn't it?

    I have always been a little curious about the cashback sites but have never gotten close enough to Marketing to know the answer.

    Certainly with some insurers I've done work in the past had a "publicly" advertised affiliate marketing rate but for their biggest referrers (eg MSE) then they would negotiate higher rates.

    Quidco/ TCB etc have all for years claimed to give over all the cashback they receive however I have never seen any rates being different to those advertised on the associated affiliate network.

    I know they get a high volume going through them and so am highly surprised that they wouldnt be inline for a higher rate and yet none of them ever do? Is that the truth? Are they being a little disingenuous and getting some other form of backhander to try and make the statement of 100% of commission paid "true"?

    Not throwing more allegations but somewhere something doesnt add up as you'd think it would
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