Cashback sites where retailer will not pay

A question about : Cashback sites where retailer will not pay

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?

Best answers:

• 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/....php?t=2404271
• 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
• https://www.topcashback.co.uk/Terms
  Quote:
• Out of interest how does the MSE guru and the font of all consumer knowledge's info compare with that of consumeGuy0016?
  Lets find out shall we
  https://www.moneysavingexpert.com/sho...hback-websites
  Quote:
• Your agreement is with TCB, TCB receives ЈX for the sales generated by you clicking on their link and going on to buy something. TCB then pays you ЈY as "cashback" (-v- MSE that simply keeps ЈX for themselves)
  Does this meet the definition of a contract? Arguably yes but you are thinking of it the wrong way round. You as the clicker are the ones that are "selling the service" and TCB is the buyer as they are the one that pays you ЈY for giving that service to them.
  You do also have a contract with the end merchant but that has nothing to do with cashback. Similarly TCB has a contract with the merchant as an affiliate marketeer where they provide advertising space in exchange for ЈX
  It is no different to a cashback credit card, your contract for the cashback is with your bank/ card provider and not the merchant that you happen to use it with. If Capital One failed to give you your 0.5% cashback for buying a computer from Apple you would pursue Capital One not Apple even though Cap1 funds the cashback from the merchant fees Apple has to pay.
• Aww I see Consumerguy0016 has been ppr'd. Was he a naughty boy then ?
• Thanks for all the advice, there seems to be mixed feelings but generally, the agreement to go through the cashback site with them offering this cashback appears to mean that any consumer has entered into an arrangement with the cashback site and it is the site that is responsible for paying out.
  As the cashback site is obviously passing the buck, and will continue to do so even though there are a LOT of angry unpaid people out there, the next step is knowing who to ask to take this over. I doubt if FOS would want to be bothered but if enough complaints went through, they may take note. As the cashback firm are not actually "selling " anything , Long Distance Selling Regs would probably not count either. I still think places like Watchdog are the best option if enough people wrote in. It may sound pathetic to keep spending time on minimal amount of Ј12 or Ј20 owing but imagine how much the site is making if they don't pay out for some excuse. It is only by complaining that things seem to ever get done these days
• Missing cashback claims usually get paid ( eventually) in my experience. So I presume Topcashback do, do something
  An extreme example.
  I bought Windows 8 update from Microsoft, Jan 2013, 2 weeks later it hadn't tracked so I submitted a claim. Sent a couple of nudges but never heard anything more and had given up hope of cashback.
  November 2014, I got the Ј3.25 or whatever it was cashback.