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

bris

The answer is yes, you can sue anyone you want in a small claims court, the Problem is winning.
You have a contract with TCB to get you cash back, whether HP give them it or not could be seen as irrelevant, the contract was formed on the promise of cashback. Would TCB T&C's hold up in court, this would have to be tried to find out, we all know that a lot of companies T&C's are unfair and wouldn't hold up in court, so you could be the guinea pig that put's the fear of God into cash back sites.
Personally I think the threat of court action would be enough to get them to pay out, I can't see them wanting a test case.

StuieUK34

i can wait a bit longer for the payout, and understand where my contract is formed and so on....

My issue is if we (consumer) do somthing wrong, were threatned with legal this and that, or get done over, etc.

My company have clients, just like everyone elses..... clients have 'Credit' for work/services done..... when our client reaches there limit, or fails to pay, and then fails to pay a month later, we put them on stop, IE: dont do any work for them until they cough up.... this gets the ball rolling and we get money...
Why dont TCB remove HP from website ? why continue to send consumers to there website to purchase goods, when nothing is coming back.......

Oh well, cheers for input peeps

visidigi

the reason they dont stop them is one would stop working with them and the next cashback site wouldn't - youd go to that casback site to buy through - vicious circles ensue - its only really viable if the media network would stop working with them...and thast would be commercial suiiiiisuicide (miss that humour it has to be said...)

thenudeone

I have had exactly the same issue with LV.com (Liverpool Victoria Insurance) and giveortake.com.

I purchased a qualifying LV policy thorough the giveortake website last year, but have never received the £62 cashback.

I have written to LV and instigated their complaints procedure. They state that they have definitely paid the intermediary who arranged the promotion (not giveortake directly) and will not pay it to me again. Final Decision.

giveortake say that they haven't received the cashback from thee promoter, so are unable to pay me.

I'm just about to make a complaint about LV to the FOS. They decide to run the promotion and agree terms with a promoter. They should have a suitably robust policy with their promoter so that if the promoter doesn't pay the cashback site, LV can reclaim it from them (plus compensation).
If I was paying a promoter I would want to make damned sure that the customer got the deal that was agreed, and that my company's name wasn't being dragged down by a failure to pay the cashback agreed when the policy was purchased.

If there is a company representative from LV on this site - are you listening???

[edit 08/12/11]

giveortake.com have now paid me the cashback due out of their own pocket as a gesture of goodwill. It's now safely in my bank:)

Perhaps they read my post and it spurred them into action?

Anyway I thought I'd give an update as I try to give credit where credit is due. (it's just not due very often:sad:)

garth549

Cashback can take ages to pay out. I've only just been paid from one (caesers bingo) that I completed in October last year! That's nearly 13 months!