I've got a CashBack story that appears to have been resolved - still waiting on the cash to actually show up, but it has been promised as of last week - so here's what happened and what I did to get here... I would caution anyone reading this NOT to COPY my language into your complaint - I really doubt there's more than one or two people working BBB cases at MS, and if they suspect you're being helped by internet forums they'll probably trashcan your complaint and you'll need to go to another level - either your state's attorney general/consumer affairs office or hire a lawyer to get your money. Use you own words, explain YOUR situation, maybe it'll help you, possibly it could help MS get their act together. This is long, but I wanted to provide some detail of my situation in case others may be similar. I'd also like to say that my wife and I each have 1 live/eBay/paypal accounts, the eBay/paypal accounts are several years old with no funny history. We did not use any "cached links", we didn't know the seller we bought from, and we bought gold without CashBack as well as with CashBack - at the time the limit was 3 transactions per person and that's all we did. We never sold anything on eBay during this time period. In fact all of the searches we did to generate the CashBack "gleam" were for "gold coin", so it's not like we "gamed the system" by searching for one item and buying another...anyway, here it is... In the beginning of July my wife and I purchased gold coins using live CashBack. I bought 2, she bought 3, all from the same seller. The seller had thousands of good feedbacks, and had been selling gold on eBay for years. ( this might have been part of the problem from paypal's perspective, but hey, he had the best price and seemed reliable) Also, at some point AFTER our purchases, the seller was bounced off eBay and is "no longer a registered user"... Paypal's "fraud department" called my wife the day after her purchase to make sure her account wasn't hijacked. The CashBack posted properly, sat in pending for 60 days, and I requested "pay me" on Sept 6th. Mine came, no problem. I began using live online chat to check on hers after a couple of weeks because it didn't ever post to her paypal account. MS Live chat kept telling me there was a "system issue" on the day I requested CashBack, and just keep waiting. On Sept 18th, my wife received an email from "live CashBack team" stating "We regret to inform you that Microsoft is unable to pay the CashBack savings you requested due to a violation of the terms of service of eBay or PayPal. If you have any additional questions, please contact PayPal directly, 1-888-221-1161." I spoke to MS live AFTER the email was sent ( I never saw it) and they kept telling me to keep waiting. I "escalated" the case with MS live and then the live support guys started telling me they couldn't do anything since the case was escalated, and the "super reps" would contact me later, no ETA for when that would happen was given. I opened a BBB case against MS, as a "contract dispute" on 9/30, requesting my CashBack They responded on 10/17 to the BBB with... The information provided in your complaint was forwarded to PayPal's CashBack Team for further review. We have been informed that eBay or PayPal have found a violation of the Terms of Service and Microsoft is unable to pay the CashBack you requested. We have asked the PayPal CashBack Team to contact you directly to discuss your concerns or you may call PayPal at 1-888-221-1161 and ask for the CashBack Team. I have enclosed the section of the Service Agreement that applies and also included a link to the site. http://help.live.com/help.aspx?project=tou&mkt=en-us We apologize that your issue could not be resolved as you expected. Although I understand this offers no comfort to your situation, at this point, there is nothing further we can do.
They also cut-n-pasted the ENTIRE TOS to the response. On the same day I got an email from live customer support, Thank you for contacting Live Search CashBack Customer Support. We have verified that PayPal has denied your payment under section 17 of the Terms of Use. We have also asked that PayPal contact you to further explain their decision. If you are not contacted by a PayPal representative, please feel free to follow-up directly with cashteam@microsoft.com. I responded to the BBB with... Microsoft's response is unacceptable. They have still not provided a reason for denying payment. Referring me to another company (eBay/paypal) is unacceptable since my contract is with Microsoft, not paypal. If Microsoft thinks I violated the terms of the contract they should say what I did, not just quote the whole contract. Microsoft's response is pure boilerplate and does not address my complaint in the slightest. Microsoft, please pay me the money you OWE me.
Microsoft responded with...
I received your follow up response dated 10/20/2008, regarding the above referenced Better Business Bureau case. Please allow me to include the specific part of Section 17 of the Service Agreement that applies in this case: ''There may be additional limitations on purchases on certain merchant sites, and those limitations will be disclosed on the merchant site. Your participation in the Live Search CashBack service on such merchant sites will be subject to these terms and conditions as well as any additional ones disclosed on the merchant site. In the event of a conflict between any of these terms and conditions and those disclosed on the merchant site, the ones disclosed on the merchant site will apply and control.'' When you participate in the Live CashBack program you are subject to the Terms and Conditions of the merchant site as well as the Live CashBack program. As stated above, in the event of a conflict, the terms on the merchant site will apply. When your request was received, information was sent to PayPal/eBay for verification. The CashBack Team at PayPal indicated that the CashBack was denied due to a violation of their Terms of Service. This information is proprietary and not shared with Microsoft. Therefore we have asked PayPal to contact you directly to discuss your concerns and also advised that you could contact PayPal and ask for their CashBack Team to address this matter. We regret that your customer service experience has not been to your satisfaction and apologize for any frustration this has caused. This kinda made me mad, so I responded to Microsoft's response...(names obliterated to protect the innocent!) (The consumer indicated he/she DID NOT accept the response from the business.) I called Paypal today, the 24th of Oct. 2008, at 2pm. I spoke with CXXX, JXXX ( a supervisor) and TXXX. They all agreed that I had NOT violated Paypal's TOS, in direct contradiction to Mrs. XXX's response. They said my transactions were "flagged" because the SELLER "may have done something fraudulent" and HE was being "investigated" by Paypal. Mrs XXXXX said in both of her previous responses that she would have "the CashBack team at Paypal" contact me. It's been a week, they haven't done so. I did nothing wrong. I honored my end of the contract. Microsoft has not. Microsoft did not lift a finger to investigate this issue - according to the 3 people I spoke to at Paypal, there is NO "live CashBack team". I want help with this issue. Microsoft could resolve this issue with a simple phone call to Paypal, but evidently that is far too much effort. If anyone at the BBB can help, please contact me. on the 6th, I got the following from the BBB... We received your follow-up response from the Better Business Bureau of Alaska, Oregon and Western Washington regarding the above-referenced case number. When the report was received your case was reopened and we once again contacted PayPal on your behalf and asked for a thorough investigation of the denied transactions. PayPal re-inspected the account and was unable to confirm their prior determination of collusion on the transactions in question. We have been notified that PayPal is reversing their determination. Due to this reversal, we will ensure that the previously rejected rebates are re-submitted for payout, and will remove your accounts from the ban list. Please note, due to privacy reasons, PayPal/eBay does not share any proprietary information with Microsoft. If you have any questions or concerns regarding this matter, you will need to contact PayPal. We appreciate your patience while resolving this situation and apologize for any inconvenience. Sincerely,
So, evidently Paypal thought we were "colluding" with some dude from 1000 miles away?? I don't know who to believe as to why the CashBack never showed up - from my perspective it was a nightmare scenario for me to buy @ over spot price and get ALL of my CashBack denied, especially when I was so careful to follow all the rules. I am still pretty mad that all these people "investigated" the matter and denied me time after time, and I also think it was more luck than anything else that someone at paypal finally told me the issue was the seller and not me - had it not been for that, I believe I would have had to sue to get my money. Anyway, as of this minute, no money in the account, but I'm hopeful, and I would recommend the BBB 100% as an option to anyone who followed the rules and got ran over by eBay/paypal/microsoft, it looks like MS actually trys to resolve issues @ BBB. And thanks to dealforme for starting the thread - I see you're already getting reds from the MS Fanboys and shills, people need to know that "unfortunately there is nothing more we can do" is a canned response from a drone, and there IS something else they can do - PAY UP!
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