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quidco declined claims who is responsible

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Ok so normally there is a sales contract when buying something.

Lets say for eg. if a broadband provider offers £50 vouchers for signing up and then dont supply these voucher, they have breached the contract.

However on cashback sites this seems a grey area.

Basically I signed up to a broadband provider who offered £100 cashback.
For 3 weeks it showed as tracked.
On the day my service was activated it changed to declined. Meaning at this point i couldnt cancel my order, as it was processed and am now tied into a 18 month contract.

I am quite sure the process I have experienced is an illegal missold service. The question is who is responsible quidco or the broadband provider.

Quidco are stating the broadband provider have declined the cashback but they cannot give a reason and I am supposed to accept a 4 month wait for my claim to be processed.

The broadband provider state they need a claim refferal number to look into it, which quidco are refusing to give to me.

Currently I am prepared to wait a week for tthe broadband provider to get some progress, if I am left in a situation of waiting 4 months for even a status update (can get declined again) I will be looking to report to someone like trading standards or the ASA, but it seems by using a middle man to pay out cashback the companies are removing their liabilities.

So who is responsible for the breach of contract?
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Comments

  • DomRavioli
    DomRavioli Posts: 3,136 Forumite
    1,000 Posts Combo Breaker
    Neither.

    See the guide for cash back at the top - it isn't guaranteed, read the terms and conditions of quidco
  • Smithers37
    Smithers37 Posts: 248 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    [QUOTE=Chrysalis;64283750

    So who is responsible for the breach of contract?[/QUOTE]

    No.

    You're kidding right?
    "Always fulfil your needs, only fulfil your wants when your needs are no longer a concern" - citricsquid
  • Chrysalis
    Chrysalis Posts: 4,703 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 7 January 2014 at 12:53AM
    DomRavioli wrote: »
    Neither.

    See the guide for cash back at the top - it isn't guaranteed, read the terms and conditions of quidco

    news flash

    t&c's dont overide consumer law.

    one of them is responsible the question is who.

    the t&c's state there is exceptions as to why someone may not qualify such as order been manually processed offline, however I fell foul of none of those things.

    Can you show me also where it says the following.

    "we only sometimes pay out when you meet our terms, we can at will decline cashbacks for undisclosed reasons".
  • Eugh, really?
    No they are not! I'd go into why, but I'll let someone else have the pleasure.
  • Chrysalis
    Chrysalis Posts: 4,703 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Eugh, really?
    No they are not! I'd go into why, but I'll let someone else have the pleasure.

    go ahead.

    I will repeat.

    none of the exceptions applied to me, I signed up to the provider as stated on the cashback site.

    Please tell me which part of consumer law allows for a company to only "sometimes" complete their terms of sale.
  • It's not a term of sale. Cash back isn't guaranteed, that is plastered everywhere on the site. If you need a guaranteed incentive, cash back is not for you.

    If you're confident write to both companies, and when neither pay out take it to court. :)
  • pmduk
    pmduk Posts: 10,681 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The cashback companies offer to give you the commission they receive when you make a purchase through them. It follows that if they don't receive a commission there's nothing to give you.
  • Enfieldian
    Enfieldian Posts: 2,893 Forumite
    Part of the Furniture Combo Breaker
    I only use Quidco as a bonus when buying stuff I need anyway, it should never be the deciding factor when comparing prices, especially on a contract based item.
  • 19lottie82
    19lottie82 Posts: 6,029 Forumite
    Part of the Furniture Combo Breaker
    Its made perfectly clear that cashback is NOT guarenteed..... You wont get anywhere with this.
  • Chill and just be a patient, most claims I have had to make have eventually been paid out.

    The time to stress is if your claim gets denied.

    Then go looking for answers.
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