Going the legal route with cashback sites that don't pay up

MORPH3US

Try and find out who the merchant / affiliate / retailer is mate and contact them to ask why they declined the claim... they must have a good reason.

dmg24

MORPH3US wrote: »

Try and find out who the merchant / affiliate / retailer is mate and contact them to ask why they declined the claim... they must have a good reason.

I would agree with this, but I am amazed at how many retailers deny all knowledge of Quidco etc, even when they have been known to pay out before!

Ivrytwr3, your case is more complex than a simple 'waiting for payment' that the OP's post implies. If your payments have been declined, you need to prove that they should not have been. Therefore you will potentially need to demonstrate that you did not have any conflicting cookies etc, which will be very difficult after the event. Have Quidco given you a reason for your claims being declined?

C_Mababejive

I would simply service written notice of your intention to seek satisfaction in the civil courts by x date and leave them to it. If they dont respond to your satisfaction then visit moneyclaim on line,the courts service website for claims.

Ivrytwr3

yes they say that the merchant has informed them that it was paid to another cashback site. It wasn't!!!

i have asked Quidco to ask EON who has my money, but they won't. I have asked Quidco to give me a contact within EON so i can contact them direct to ask who has my money and they won't.

This could be soooo easy. Find out who the money was paid to, if it wasn't me, not my mistake, pay me my cashback!!!

taxiphil

dmg24 wrote: »

I can say without a shadow of a doubt that you are not a judge of one of the higher courts, and therefore anything that you appear to state as fact is actually only your opinion.

Why such a confrontational tone?

I'm not sure of the point you're trying to make here. The existence of UCTA 1977 and UTCCRs 1999 is a matter of fact, and not my personal opinion. Or perhaps you're trying to say that these acts of parliament don't apply to a Quidco contract. If so, could you expand on that assertion?

dmg24 wrote: »

The problem with taking something like this to court is that it is unlikely to set a precedent. If it was just one person making a claim for a few hundred pounds, Quidco would be likely to settle, just to make the problem go away. Even if the case went to the small claims court, any decision would only be persuasive to other courts, and would not set a precedent. In order to get a meaningful result, the case would need to go to a higher court, which is unlikely to happen, as the costs involved would far outweigh most claims.

The law in this area seems perfectly clear and well founded already. UCTA 1977 and UTCCRs 1999 are well drafted acts of parliament which codify a large body of earlier case law, and they don't seem to contain any ambiguities which require clarification from a higher court. So I don't see why a "precedent" needs to be set, or why people can't get a "meaningful result" in their local County Court. Those acts of parliament, as they currently stand, are unequivocal on the subject of exclusion clauses. (Unless, as I have previously said, you know of some reason why they wouldn't apply to a contract between a consumer and Quidco?)

Loonytoons

I'm still waiting for £75 cashback that was tracked in February. Payment date is showing as November but everytime it nears the end of the month it just changes to the next month :rolleyes:

etherz

I opened this thread to spark debate. I have read on the individual cashback site feedback threads that many people have had bad experiences with cashback sites, either not paying up or tracking at all. I am surprised no-one has asked this question before!

I am now likely to take my appeal (applying to more than one cashback site) to the small claims court, to see where I stand, in the hope that this will encourage more people to "challenge" cashback sites.

etherz

So, I was checking my wepromiseto.co.uk account earlier today, and I have transactions for £50 cashback outstanding. I checked thier terms and conditions which say:

You accept that in some cases there may be a delay or failure to credit Cashback Rewards to your Account due to a Participating Retailer's failure to provide information to Us. Whilst We shall use reasonable endeavours to recover Cashback Rewards for non-tracked transactions We shall have no responsibility or liability for such delay or failure.

Can they do this? If they have chased them up and not recieved money then they have not chased them hard enough, they must have some kind of contract with the retailer??