Has anyone tried to claim their cashback through small claims court?

blue_monkey_2

Just wondering if anyone had managed to get their cashback paid through the small claims court? I am waiting for Tulip (ho hum) :mad: to pay me mine but I am not holding my breath to be honest. I have another set of bills to send in shortly and will be enclosing a letter stating that if I have no money into my account within 14 days for this and last month (around £200) then I will be taking the matter through the small claims court to get the money I was promised for signing up via them.

I was wondering if anyone had successfully managed to do this and whether they had received their money.

Anon

If you do a quick search on this thread there were a few examples of success - if I recall correctly it was mentioned on the OSPS Cashback thread and a few other threads, including, for example:

http://forums.moneysavingexpert.com/showthread.html?t=136188

It costs £30 to lodge the claim but that is added to your claim. With OSPS, I seem to recall that the CPW Legal Department settled quite quickly. If they igore the claim, it goes against them. You can process all this online at https://www.moneyclaim.gov.uk.

Clearly Tulip are a different company but I suspect that, so long as you have kept to the t&cs, then they will be forced to pay out or specifically answer why they have not. I believe you have to send them a letter giving them 14 days to pay and noting that you will be taking them to court if they fail to pay. If no response in 14 days, you then start the court process which takes over.

Anon

TREVORCOLMAN

They also have to pay your costs (£30) and interest on the number of days late you get your money!

Jonni2bad

I very recently started proceedings against CPW via the online court process - MONEY CLAIM ONLINE

https://www.moneyclaim.gov.uk/csmco2/index.jsp

CPW were supposed to have paid me automatic cashback after 28 days (long, long ago in October...). Despite many requests, there were just as many excuses, so last week I started the claim online. As far as I know, you do not have to give any notice of intended court action - if the company is in breach of contract then you can effectively claim at any time. I decided to give 7 days notice, but this was duly ignored by CPW.

They replied directly to me, rather than the court, and offered a full settlement based on me dropping the case - which I am happy to do since it was the money I wanted, not the "win".

If you want further advice on making the claim (i.e. what to write in the Particulars of Claim section - and how much interest you can claim) then send me a PM and I will forward my wording to you - you can then alter the specifics to match your needs.

It's a very straight forward process and well worth the small amount of time it takes to sort out.....

blue_monkey_2

That sounds great. I think I will wait until my next month is due and send another round of bills off and give them 14 days. I did see on the small claims website earlier to give them a reasonable amount of time to pay it - this was due in November/December, so well overdue - but then I'll get more money back and then I'll file again for the 3rd if I have to. Heck, how many judgements does one company need!!

I think lots of people have been scammed by this. I learned the first time because last year they claimed that they had not got the letter until after the deadline - yeah right! Rather naively I though that these companies would honour their side of things but I did learn the hard way and now I make sure everything id followed through. The good news in all of this is that thanks to the maoneyclaim website the consumer can claim what they are due instead of being 'shafted' by these cashback companies.

Does anyone know if I can claim postage and telephone costs?

Many thanks, anything I get now is a bonus so fab news!!