Can i take "X, Y and Z" to small claims ?

StuieUK34

Afternoon all,

I made a transcation via a Cashback website many months ago.
The estimated time for paying the cashback was 16 weeks....

It has now been 22 weeks and still no sign of the cashback (tracked and all that).
I am not the only person to be affected by this, and the company which the cashback site advertise for is 'HP', so not exactly a small company.....

The cashback site claim they are still waiting for payment from there client. Yet they still promote there client and send referals there way.
Given the cashback works in a way to 'lead' us to that retailer to get a deal which appear better than going via another retailer, cashback on purchases ARE taken into consideration. Would be pretty pointless if they weren't.

Now, as the cashback operator are too slow to chase there client for payment to pass onto me, Where do i stand ???? What can I do ? Can i issue small claims proceedings for the claimable amount ?

somethingcorporate

No, if you read the T&Cs you signed up to the cashback is not guaranteed so you don't really have much of a leg to stand on.

Just be persistent on chasing the cashback company.

StuieUK34

reverse:
If i create my own cashback company, and people come through me in hope to get cashback, and i state the T&C's to say its not guaranteed....
Can i just keep there money, as end of the day, end client will be none the wiser if the cashback company gets there fee from there merchant..... ?
Before Fraud is mentioned, the end user/customer would be unaware of whether i received funds or not, as i would be telling the end user/customer that me, the cashback company are still chasing the merchant, regardless of whether i have the funds or not.......

somethingcorporate

Something identical to what you said was suggested recently in another thread. It does appear to be deceptive but the consumer would never have the visibility to see if that was true!

wangtastic

But then if enough consumers banded together and complained it would more than likely be investigated and you will be liable for fraud.

Regardless
If the cashback was for HP then I can understand why it's taken longer as the company are closing down some areas of their business as of this year (including the mobile sector) and are considering splitting off their PC division too.

I wouldn't be surprised if this has had some bearing on your missing cashback.

mo786uk

StuieUK34 wrote: »

reverse:
If i create my own cashback company, and people come through me in hope to get cashback, and i state the T&C's to say its not guaranteed....
Can i just keep there money, as end of the day, end client will be none the wiser if the cashback company gets there fee from there merchant..... ?
Before Fraud is mentioned, the end user/customer would be unaware of whether i received funds or not, as i would be telling the end user/customer that me, the cashback company are still chasing the merchant, regardless of whether i have the funds or not.......

If you were creating the impression that consumers COULD get cashback when they almost never were then you could easily be done for fraud.

agrinnall

If you are concerned that HP have paid the cashback company but they are just keeping the money I would suggest you contact HP to ask them if they have paid it. It's far more likely that in fact HP haven't paid yet, my cashback from Npower took 6 months despite the site saying payments were coming in 90 days. I read another thread recently where the poster had managed to chase up the company and get the money paid to the cashback organisation, so you could try that.

crazyguy

As per agrinnall's comment I would say the same ring HP and chase it up, HP UK contact number : 01344 362 291 they may be able to give you the correct number to call to chase this up.

StuieUK34

Cheers all
Am trying to do things 'By the book', so as the law states with regards to advertising, etc etc....
I look at things with Face Value, so 'Cashback' websites are as we know, the same as a billboard poster/advertisment/telly advert/flyer/refer/etc etc etc...

If Product A is sold by Company A, B, C and D.... and Company A, B and C charge say £100 for 'Product A', but Company D promotes there 'Product A' through an advertiser, or cashback site making 'Product A' have a final retail cost of £90 to the consumer.... Do you think the Consumer is going to shop via Company A, B, C, or D ???
Its obvious that Company D will get the business, as they have used an advertisement/cashback site/discount offering, etc to 'LEAD' the consumer to buy via Company D based on the cheaper competitive price....

The cashback site in Question is TopCashBack. The reason to order £2k worth of HP products was based on the final cost of the machines with the casback taken into account....
Out of the many retailers (including HP direct) that sell HP machines, i had a choice of many suppliers to buy these machines, but after viewing the offer made by TCB which creates a £161 discount vs the £100 discounts offered by other retailers, i like any shopper, would go with the best deal.....
Items were purchased beginning of April, we are like 8 months down the road, and the money has not appeared, TCB still continue to promote there client, but make excuses by saying they have only received 1 payment this year relating to a 4 week window in April/May.
The 'quotes' state 16 weeks (4 months) for cashback, but as i have seen, lots of people havent received a penny, going from January orders and so on......

In my eyes, thats seriously mis-leading to offer such returns, only not to honour them.....

crazyguy

HP are rubbish anyway with cashbacks I have done a few of them now through our business and to be honest for the hassle and chasing up I need to do in order to receive a payment back is just stupid so I do not bother claiming anymore as the cost's involved in chasing them tend to out weigh the initial cashback offered.

visidigi

The problem with this is TCB are not misleading you, HP are (its actually HP's media contractor, but they can't pay anyone without HP providing them with the funds - ultimately its HP) - TCB quote the average payment timeframe based on the past performance of the merchant network which HP has chosen to employ. That merchant network needs to be paid by HP, who in turn pay TCB who in turn pay you.

Its not TCB not honouring them, its HP - but your contract is with TCB not HP - when HP pay TCB you get paid by TCB - the problem is budgets are tight and sometimes payments are rolling over to later payment dates.