Topcashback Questions & Answers

Not guaranteed? Who is the judge of that? Topcashback? Or a court of law?
Topcashback, or any other cashback site, can state what they want, but it doesn't mean their t&cs are legal.
Check out the TCB tv ads and their emails and see where it states that 'cashback is not guaranteed'.
Cashback can't be guaranteed in a sense, for returns, cancellations, etc. But for genuine purchases, it must be paid. The onus is on the cashback site to obtain the monies to pass on for it's promotions, but sadly this is where it can fall apart. Cashback sites don't want to upset their partners.
You could try and get the cash yourself, direct from the merchants via a complaint. A lot easier if the merchant is governed by an Ombudsman (financial, contract based etc).
But to sum up, TCBs final decision will never ever be final, though they may well like you to believe that.
TCB also have a 'fair play policy', ask them about that?

I have been following this tread for quite a while but has anyone actually taken TCB to court?, or have they settled outside of court? My cashback is only £30 but I dont mind doing this out of principle. Yes mine is for a financial product so I dont know if other have had any luck going to the ombudsman etc.

sarah1972 wrote: »

I don't see how you can take them to small claims court when no cash back is guaranteed?

The answer is very very simple


As :money: has pointed out on numerous occasions over the years a company, lets call it A.N. Other.co.uk can put what it likes in its T+C, doesnt make it fair and doesnt mean that it cannot be challenged.

besonders1 wrote: »

I have been following this tread for quite a while but has anyone actually taken TCB to court?, or have they settled outside of court?

From my reading of Internet forums including :

http://www.consumeractiongroup.co.uk/forum/showthread.php?354870-Topcashback-at-it-again

Appears to be mostly the latter.

besonders1 wrote: »

thanks bristolleedsfan, another question as it was a financial product, could you also approach the ombudsman about the cashback, and would they take on the complaint?

Just like to add the address for TCB in post #3 of the link is wrong.

The ombudsman is just a delaying tactic that companies such as energy, banking like customers to use because of the time it takes and even when they rule in their favour there could be even more delays actually getting any money.

What people forget or prefer to ignore in this country is, you have your own legal rights, which you are perfectly entitled to use if after trying to resolve matters you reach stalemate.

I've personally gone down the FOS many times (reported initially) and had to submit two claims. One against Direct Line and one against Hastings Direct. All other complaints were resolved within eight weeks by the merchants.
Hastings Direct stated it wasn't their issue, but my complaint was resolved one week after my papers were sent to the FOS, with supporting evidence.
Direct Line actually had the audacity to reply to the FOS with a different version of my complaint (mis selling of a financial product due to the non payment of their affiliate marketing promotion via their agent). The FOS initially advised that my claim would be denied, but once they were advised it was a mis selling claim, they advised myself to issue a second complaint. This was resolved, presumably to save a further FOS referral fee.
If it does have to got to the FOS, it can take a while and they advise a Small Claim may be the faster route, but against TCB,
The next issue I have, if I have one, will be a Small Claim.

I believe that, to save time, it's best to contact TCB first (or cashback site in question) to confirm they haven't received and are holding on to the promoted cashback. You have evidence there if the merchant states they have paid. They can then investigate to see where the money went and possibly who has it.
Once TCB state they don't have and haven't received your payment, give them two weeks to fully resolve matters. If not resolved, then straight to the merchant with your complaint. It must be a complaint, please stress that. That's when the eight weeks kick in, the clock starts ticking. A good decent merchant will normally resolve matters within 2 - 4 weeks, but if they decline your complaint, they will inform you in writing and advise of the FOS route.
If you go down the FOS route, you can't then take out a Small Claim at the same time. So, this is the time to decide what route you are prepared to go down.
You could of course miss out all the merchant complaint route and concentrate directly with TCB. That will obviously be quicker, although you must be prepared to lay out a small sum initially if making a Small Claim. All costs will be refunded if successful.
I have heard, even read on this forum, that TCB do settle 'without prejudice' rather than take a chance. Makes sense to myself, saves a lot of time and effort.
Whatever anyone decides, the very best of luck. I believe TCB should actually be the ones who actually take action with non payers, but I can't see that happening. It's hard enough for TCB to drop a 'dodgy' merchant, although I see from an earlier post, this has recently happened.

Top tip - please take screenshots of the promotion, the payment timescales, the satisfaction rating of the merchant as well as the tracking. It can all help. For financial promotions, it must be accurate, as any uncertainties will favour the consumer.