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I bought a phone from Buymobile. It has never worked.

Customer Question
I bought a phone...

I bought a phone from Buymobile. It has never worked. Samsung have given me a statement that it is counterfeit. I am 80 years old. Have already llost $620.91 and $12.55 to send back for repair, which didn't work. I have been through Consumer Affairs. Buymobile have not responded to them and Consumer Affairs advise me to contact you. I am on a pension and cannot afford to lose more money. I do not have a landline and need a mobile that is not counterfeit and which works. What should I do next.

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

Victoria. I have only been through Consumer Affairs.

Lawyer's Assistant: Have you contacted the manufacturer?

Yes, before I contacted Consumer Affairs. This has been ongoing since mid-September. Buymobile says phone works at their end. I have friends and family who can confirm that it does not work.

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

I cannot afford to lose more money. As Samsung have given me a hard copy statement that the phone is counterfeit I feel that should be enough to make Buymobile refund my money. Should I contact Samsung main company?

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/3/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

How long ago did you buy it?

Did you take it back to the shop that sold it to you and ask for a replacement?

You mention a counterfeit statement have you reported this to the police?

As you have been through consumer affairs and they have done nothing your next step is to lodge a complaint with VCAT fro a refund of your money plus interest.

If the company has led you to believe that it is a real phone and it is fake then you have a claim.

Here is the link for VCAT

https://www.vcat.vic.gov.au/get-started/goods-and-services

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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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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