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I asked an employee in a mobile phone shop if he had a

Hello. I asked an...

Hello. I asked an employee in a mobile phone shop if he had a prepaid card to use with an old phone, which i gave him to look at. He said yes, put a simcard in it, and activated it online, saying it will work in approx an hour. I paid $30, and left the shop. it didnt work, and I heard later from another mobile phone shop staff, that it was wrong card. I called the first shop and a man said I could get refund if I come back to the shop. I went back and the staff said all of their employees were asked, and all said they never received a call from me. The staff refused to refund my $30. How can I get my money back? Please.

Lawyer's Assistant: We have a 30 day refund policy so you can simply email***@******.*** and they will try to fix your problem or refund your money. What state is this in? And just to clarify, when was the purchase made?

It is in Sydney, it was a Telstra franchise store, and it was slightly over a month. Purchase was 16th july 2017. I went back today, 20th aug.for the refund. It really was the staff's mistake. He said it was the correct sim.

Lawyer's Assistant: Has anything been filed or reported?

No. I just had the difficult conversation with the staff at the store, today. They said I should talk to manager on phone tomorrow, but that the policy is not to refund, as the sim has been used.

Lawyer's Assistant: Of course. The best way to reach them is by emailing***@******.***

Ok. Do you mean telstra? or Your ombudsmen email?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I think what I've shared is the basic information, so far. Thank you.

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Answered in 5 minutes by:
8/20/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,700
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Good Afternoon

If they have not given you the correct card then you are entitled to a refund they have not met your requirements.

You are entitled to a refund as the product they sold you did not meet your requirements.

Why did you wait that long before you went back? If the card did not work why did you not go back immediately?

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Customer reply replied 10 months ago
Hi Leon. As soon as I found out from another telstra shop, that it was wrong one, I called the shop, and was told I could not get a refund over phone, (used my card to pay), but had to go back to shop, (far from my home),. He said it should be within a month. But I couldn't get back, till today, slightly over a month. Then the staff at the shop today, said they never give refunds for used cards, and that nobody said they ever promised the refund.

Good Evening

I am surprised that they did not look at the card and confirm it was wrong.

You have a right to get a refund and if they refuse take the matter to the ombudsman and lodge a complaint.

http://www.tio.com.au/

You should not have to take it back to the store, it is a telstra product and you should be able to get any store to fix the issue. If Telstra do nothing then take it to the ombudsman.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,700
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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