3 Mobile failed to pay my cashback, Topcashback will pay half, should I accept?

ArsenalFC · 14 April 2010 at 12:14PM

I have been requesting details from topcashback for the contact details of 3 mobile as I'm looking at issuing an online court claim for failing to pay me cashback of £32.50 and also another transaction unrelated to cashback. (I should add, I wanted the contact details of the 3 Mobile dept that are responsible in handling cashback payment for quidco, topcashback etc)

The response I got from topcashback are as follow:

Hi there,

Thank you for your reply.

I am sorry to hear that you have had a previous bad experience with regards to the merchant 3 Mobile.

I'm afraid that there is virtually no likelihood that we will be able to recover the cashback that you have been expecting in response to this claim, as the merchant has not been very forthcoming in looking to resolve your claim. In such situations we can employ our 'Fair Play' policy to help ensure that there are no ill feelings towards the parties involved, can I please ask as to whether you would be able prepared to accept half the cashback you have been requesting from our own pockets?

We look forward to your reply.

Kind regards

Top Cashback

What do you think I should do? Accept the offer or make a legal claim.

makavelianz · 14 April 2010 at 1:03PM

im currently putting a claim in with regards to 3 also. they owe me £20 for pay go mifi. seem to be a pattern with regards to 3 mobile. i think they TopCashBack should stop 3, because it seems they dont like paying the cashback advertised.

1-0totheArsenal · 14 April 2010 at 1:59PM

pms sent.;)

DarkConvict · 14 April 2010 at 2:09PM

Cashback is never guaranteed unless it is actually part of the contract you agree to (usually cashback on mobiles is via places like phones4u, where 1 contract is cashback from phones4u and the other is with the operator for the mobile), by clicking via a 3rd pary like topcashback you have no contract with three, the contract is between topcashback and Three, if Three do not pay out, topcashback do not pay out. They are been generous in offering 1/2 of it themselves.

http://www.topcashback.co.uk/Terms

As an enrolled TopCashBack member you may earn a percentage 'cashback' or cash reward from a number of retailers as illustrated on the website.

Some retailers may not pay commission for repeat purchases on their site, we have no control over this.

We cannot be held responsible if the retailer fails to report your sale to us. Retailers have their own rules upon which they determine transactions to be genuine, i.e. An attempt to simply earn money by clicking/registering with no intention to continue to use/buy from their website could be deemed as non-genuine. These rules may or may not be advertised by ourselves or the retailer and may be discretionary

Whilst we will endeavour to recuperate non-payments from the retailer, the decision of ourselves, the retailer or retailers tracking agent is final. Whilst we will try and recuperate missing commissions, at any point we reserve the right not to chase missing commission payments, particularly where no purchase is made. If missing payments are paid later by the retailer then your account will be credited. We will always pay our members their commission where money has been received from a retailer and tracked to a members account provided your account with us remains active, your transactions are deemed by ourselves and the retailers to be to be genuine and you meet the terms of the payment schedule.

mobilejunkie · 14 April 2010 at 2:59PM

Hardly treating customers "fairly". If Topcashback WAS fair they would stop merchants continuing to renage on perfectly authentic and eligible transactions - but they simply don't. The law has little to do with "fair" and there is no prospect of suing anyone in these situations. It is always the site's members who suffer and not the merchant. With regard to not paying on "repeat" business, only a few merchants declare this and where they do not it should not apply!

pan111 · 16 July 2010 at 2:13PM

Been waiting on a further response to an unfair declined 3 mobile cashback since I signed up in June 2009...tracked fine, then was declined for no reason...nudging TopCashback doesnt seem to do anything, although I understand there's probably not alot TCB can do...

Im waiting for my contract to expire with 3, then take it out on the retention team there

mobilejunkie · 16 July 2010 at 2:42PM

They COULD chuck 3 off their site. The fact that they allow dishonest merchants to offer incentives which aren't honoured says a lot about Topcashback.

butterbeanmash · 16 July 2010 at 3:41PM

Mine tracked fine at £23.08 then was confirmed as £0.00. Currently "waiting for retailer". I think TC should probably drop '3' as well.

parallax_20 · 16 July 2010 at 4:55PM

I don't know what your individual circumstances are regarding your orders. But when I placed my order a couple of years ago, I used refer a friend as well as quidco and quidco was declined. But I got the refer a friend payment. It stated that if you use a promotional code or similar then your cashback may be refused. Which is understandable. I wouldn't expect them to payout on both.

Before you consider taking any company to court regarding cashback referral sites, you need to remember as previously stated that cashback is not a guarantee and to argue you should be entitled to the "free money" for using them is a bit silly to be honest. Cashbacks should be considered a bonus for purchasing something you already want, and shouldn't be used to influence your buying decisions.

Good luck.

dbuk44 · 16 July 2010 at 5:51PM

parallax_20 wrote: »

Before you consider taking any company to court regarding cashback referral sites, you need to remember as previously stated that cashback is not a guarantee

Possibly, but its currently untested isn't it?

These words come from the cash back sites themselves, and not from consumer law.

I guess at some-point in history people thought bank charges were irrefutable too !

parallax_20 wrote: »

Cashbacks should be considered a bonus for purchasing something you already want, and shouldn't be used to influence your buying decisions

The reality is cashback sites DO influence buying decisions and the retailers know and use this to their advantage.

For example they pay the affiliates to actively market and promote their products to the cash-back sites.

If the OP is willing to test this he might get a result if it can be shown that the mobile operator is allowing a third party to induce sales with false promises.

Do you remember the different type of cash back offered by dubious mobile phone selling websites where you had to send in forms each month to claim it?

When these fell through a number of people went after some of the mobile operators on the basis that they failed to take reasonable steps to control the marketing of their services by third party's (“unfair relationships” provisions in the Consumer Credit Act 1974)

That said, its pretty decent for TCB to offer half out of their own pocket. Worth considering IMO.

mobilejunkie · 16 July 2010 at 5:59PM

Whilst I absolutely agree that these are inducements and morally binding, the rest of that is rubbish. In law you would have no case and it's not your money being wasted to confirm what is preordained. The example of mobile cashback contracts merely proves that you are wrong; that is my area of expertise on here and anyone suing the network when a dealer goes bust (thus losing their cashback) is/was doomed to lose.

3 Mobile failed to pay my cashback, Topcashback will pay half, should I accept?

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