WA Daughter Bought Faulty Phone - How to Get Money Back?

[krh1]

My daughter bought a mobile phone from a friend of a friend, and while trying it out it went flat. We were told that if the phone did not work, she would get her money back. The phone was locked to the persons Apple iCloud account and after many requests to fix the problem, still does not work.
I contacted the child's mother and have been told via text message multiple times that they will return the money. and how sorry they are for their son's behaviour.

I told the mother I would drop the phone off and what day it would be and then she blocked me so I cannot contact her now. I went around anyway to find her not home, was verbally abused by their teenage son and left still in possession of the phone and with no money. Can I go to the small claims court to get my daughter's money back? Are the messages from the mother enough proof to do this?

It was only $150, but it took me 4 months to save it for her.

 

[AllForHer]

I think it costs about $190 to file an application in small claims court. Can anyone clarify?

 

[Ivy]

Hi there,

Before you can make a claim to the small claims court, you will need to send a letter of demand to the seller of the phone (or if they are a minor, presumedly to their parent/guardian).

Some of the fees involved in making a claim will be waived if you are have a health care card/ concession card.
Legal Aid WA sets out how to make a claim to the small claims court: Starting a minor case claim
Here is a page listing the fees: http://www.magistratescourt.wa.gov.au/_files/Magistrates_Court_Fees.pdf

I suggest that you send a letter of demand and see if you can get your money back that way. Otherwise, it may not be worth the time and effort in claiming the $150 in court. However you can say in your letter of demand that you will be taking legal action if they don't refund the money within a set period of time (e.g. 14 days).

 

[gradetracy]

Hello,
Yes, Ivy says everything correct. I guess, you won't have any trouble with that