Cashback sites where retailer will not pay

carh

I am fighting a Cash back site (Topcashback) about an amount due from Tesco Direct since July 2014 but judging by the responses from TCB, apart from their rather weak willed way of going about things, Tesco are trying to wriggle out of paying by claiming I returned goods or they were never delivered which is clearly false and I have said so. Since I clarified this with the cash back firm, I am only getting replies that "they are chasing the retailer" (Tesco) and Tesco are ignoring them. What rights do I have on this? I have written to Tesco my self with copies of invoices, and all the TCB correspondence showing that Tesco have lied but I doubt I will get anywhere? There must be something that covers this as I see this as False Selling from the retailer where the cashback is concerned?

ConsumerGuy0016

There was a thread previously about a user threatening court action against TopCashback when the latter failed to pay on some cashback they were due:

https://forums.moneysavingexpert.com/discussion/2404271

photome

I didnt think cashback was ever gaurenteed

having said that I chased a non payment from Hotels.com by going on hotels.com facebook page and got it.

You could try social media but it looks like it is on Tescos system as having been returned so you may have difficulty proving otherwise

Collabora

http://www.topcashback.co.uk/Terms

From time to time merchants may increase or decrease the commission paid in which case the cashback offer illustrated on our site may be incorrect. We take reasonable care and skill to ensure that the data provided on this site is accurate and up to date. However, we give no warranty of the accuracy of any information on the site and do not accept liability for any errors or omissions, neither do we accept liability for any resulting damage or loss. Further, we take reasonable care and skill to ensure the correct functionality of the website, however we give no warranty of the functionality and do not accept liability for any errors. By default, your applicable transactions will be credited in line with the commission reported to us by the retailer, which may be more or less than the advertised rate. Some retailers pay cashback on the purchase amount inclusive of tax and/or delivery charges and some retailers exclude these values for the purpose of calculating and awarding cashback.

We cannot be held responsible if the merchant fails to report your sale to us. Merchants have their own rules upon which they determine transactions to be genuine, i.e. An attempt to simply earn money by clicking/registering with no intention to continue to use/buy from their website could be deemed as non-genuine. These rules may or may not be advertised by ourselves or the merchant and may be discretionary.

carh

Collabora wrote: »

http://www.topcashback.co.uk/Terms

Quite honestly, why do these cashback companies even exist if they are going to create such upset when they don't pay out? It is principal as well as the money.Thanks for the link ConsumerGuy0016, I clicked on through the issue was more with 3 network not paying out but I get the drift. many would say just give up and forget it but I am not the sort of person to do that unless fully beaten so will go down as many roads as I can to get this publicized if nothing else. I know they say that no cashback is guaranteed but they make it look a pretty "sure thing" when advertising on their site so surely this in itself is a contradiction in terms and makes their T &C's look a farce?Anyone else who has had similar experiences should do the same. It is only by making a noise about this sort of experience that things get changed

Collabora

carh wrote: »

Quite honestly, why do these cashback companies even exist if they are going to create such upset when they don't pay out?

you don't get the payment from the Cashback Site, the cashback comes from the retailer

ConsumerGuy0016

Collabora wrote: »

you don't get the payment from the Cashback Site, the cashback comes from the retailer

As the Consumer your contract is with TopCashback. So I don't believe there is the option of taking action against the retailer directly.

TopCashback receive advertising revenues from retailers and as such, despite their T&C's, have a responsibility to ensure that the retailers are keeping on top of their cashback payments (ie making sure they pay TopCashback, so the latter can pay the customer)

Collabora

ConsumerGuy0016 wrote: »

As the Consumer your contract is with TopCashback. So I don't believe there is the option of taking action against the retailer directly.

TopCashback receive advertising revenues from retailers and as such, despite their T&C's, have a responsibility to ensure that the retailers are keeping on top of their cashback payments (ie making sure they pay TopCashback, so the latter can pay the customer)

but my comment was a direct reply to carh comment. the fact is the cashback site is a middleman, yes they get commission from retailers, but the retailer pays cashback site who them pays the consumer, so if the retailer does not pay CB site then CB site cant give money to the consumer. this is why you can wait weeks to get a cashback

Exile_geordie

ConsumerGuy0016 wrote: »

As the Consumer your contract is with TopCashback. So I don't believe there is the option of taking action against the retailer directly.

Is it? Is it really? TOPCASHBACK don't sell you anything at all so how can you form a contract in consumer law with them?

ConsumerGuy0016

Exile_geordie wrote: »

Is it? Is it really? TOPCASHBACK don't sell you anything at all so how can you form a contract in consumer law with them?

*facepalm*

Exile_geordie

ConsumerGuy0016 wrote: »

*facepalm*

I notice you didn't answer. Is that because you don't know the answer?


Remember they are just a referral website working with affiliates to drive traffic to businesses - you form no contract with them to purchase anything from them.


So show me, in consumer law where they have formed a contract with you when they do not sell anything.