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Are TOPCASHBACK and similar sites a con?

I have a claim ongoing for over 5 months with TopCashBack and feel that they are skirting close to being outright con merchants.

I know MSE advise you should never buy from a cash-back site with the expectation of the discount but regard getting the cash back as a "bonus". That is sound advice but doesn't it just just gloss over the possible issues (as in my case) with these people?

It seems from the research I have done on the web that cash-back sites operate in a grey area of consumer law. As consumers, and MSE as a consumer interest organisation, we should promote transparency and organisations such as TCB thrive in the shadows. I believe that the possible pitfalls of using TCB (and similar sites) should be made clearer (hence this post).

Just how widespread are payment problems with TCB? Empirical evidence from their own forum would suggest a significant number of transactions are problematic.I fully understand that cash back sites just "facilitate" the transaction with one of their merchants but this raises the question: how does the cash-back site handles the merchant when problems occur? What are their obligations in law? Does the law cover the TCB/Merchant/Consumer relationship adequately?

In my case, the AA through TCB have seriously delayed a significant amount of cash back payments, yet TCB have done nothing to warn it's members of this situation and continue to flog the very same products reaping in their commission regardless of their members being left out in the cold. Doesn't this make TCB vicariously responsible for the situation? Do TCB (as a responsible organisation) not have a duty warn it's members? If this is a widespread problem then shouldn't Trading Standards and organisations such as MSE investigate what is going on here?

I would gladly give up my (still outstanding) cash back payment if it would help throw some much needed light on these murky operators. In the meantime, please take my advice and give them a wide birth rather than encourage their possibly nefarious activities by buying a product through them until the legal position is clarified and such organisations clean their act up.

Comments

  • Slowhand
    Slowhand Posts: 1,073 Forumite
    Over the years I've had £1500+ cashback from Quidco and Topcashback. From memory I can't recall missing out on one penny of any cashback that was due. Occasionally there's been an issue with having to wait a while longer than expected to get the cashback but it's always came through eventually. Oddly enough one was the AA that took 11 months to pay up.
  • gb12345
    gb12345 Posts: 3,055 Forumite
    mrkjd wrote: »
    Does the law cover the TCB/Merchant/Consumer relationship adequately?

    Your understanding of the relationship is wrong for the majority of the cashback sites and merchants. You also need to add an Affiliate Network in there as well, as the cashback sites are just Affiliates and normally operate through the networks.

    The consumer will generate a sale, for which the Merchant will pay the Affiliate Network (often there is a delay while they make sure that the service isn't cancelled).

    The network then pays the affiliate, about 2 months after the commission generated (so commission earned in January will be paid at the begining of March).

    The cashback will then be validated by the Cashback site.
  • timbstoke
    timbstoke Posts: 987 Forumite
    Part of the Furniture 500 Posts
    I’m not sure where you feel there is a con. You don’t pay for any of these sites, so any cashback generated by them is straight in your pocket.

    Yes, it is possible that they are ‘skimming off the top’ by declining the occasional cashback which was actually paid. There isn’t really any way to identify that from the outside. Either way, you’ll either end up paying the price you agreed for something, or paying for something and having a nice bit of surprise cash in your pocket a few months later.

    In my case, Quidco have just this week put £76 in my bank account. I have no idea what it’s for – probably insurance for something or other. It’s irrelevant really though, because I never expect to get the money – it’s just a nice surprise when it happens.
  • mrkjd wrote: »
    Doesn't this make TCB vicariously responsible for the situation?

    Funny thing is it's far more likely it's a problem at your end that caused the cashback not to track!

    Otherwise answering your question, no, most of us have had no problem apart from the odd one or two claims needing a support ticket which Topcashback do warn can take a long time.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 5 April 2013 at 7:14PM
    mrkjd wrote: »
    I have a claim ongoing for over 5 months with TopCashBack and feel that they are skirting close to being outright con merchants.

    I know MSE advise you should never buy from a cash-back site with the expectation of the discount but regard getting the cash back as a "bonus". That is sound advice but doesn't it just just gloss over the possible issues (as in my case) with these people?

    It seems from the research I have done on the web that cash-back sites operate in a grey area of consumer law. As consumers, and MSE as a consumer interest organisation, we should promote transparency and organisations such as TCB thrive in the shadows. I believe that the possible pitfalls of using TCB (and similar sites) should be made clearer (hence this post).

    Just how widespread are payment problems with TCB? Empirical evidence from their own forum would suggest a significant number of transactions are problematic.I fully understand that cash back sites just "facilitate" the transaction with one of their merchants but this raises the question: how does the cash-back site handles the merchant when problems occur? What are their obligations in law? Does the law cover the TCB/Merchant/Consumer relationship adequately?

    In my case, the AA through TCB have seriously delayed a significant amount of cash back payments, yet TCB have done nothing to warn it's members of this situation and continue to flog the very same products reaping in their commission regardless of their members being left out in the cold. Doesn't this make TCB vicariously responsible for the situation? Do TCB (as a responsible organisation) not have a duty warn it's members? If this is a widespread problem then shouldn't Trading Standards and organisations such as MSE investigate what is going on here?

    I would gladly give up my (still outstanding) cash back payment if it would help throw some much needed light on these murky operators. In the meantime, please take my advice and give them a wide birth rather than encourage their possibly nefarious activities by buying a product through them until the legal position is clarified and such organisations clean their act up.



    Not had a problem with quidco or TCB, its not a scam as far as Im concerned. Cant see what you expect MSE to investigate since MSE towers/Martin Lewis has no power to do so, Martin doesn't have an ID for MSE Investigation Services meaning he can show when and where he likes to investigate rumours of scams going on.
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