NSW Gumtree phone swap issue.

[Kam]

Hi all!

So I swapped my phone 10 days ago with someone via Gumtree. No cash involved. They came to my house had a good look at the phone, they were happy with it, we swapped our devices. 6 days later he emailed me saying that the phone is showing some signs of lagging and asked for the proof of purchase so they can get it fixed as it is under warranty. I provided the proof of purchase but they told me it wasn't enough as the phone company wants me to be there in person. I told them I am more than happy to meet up to get this sorted but they just want to swap it back. I refused as I have no idea what they have done to the phone while they were using it and I don't think it's fair for me to take the damaged device back. Now they are saying they will take things further. I honestly have done nothing wrong, the phone was in great conditions which they know that + I offered to meet up at the phone company to get it sorted but they declined. What more can I do? Can they take this matter further? Many thanks!!

 

[Lance]

Hi Kam,
I didn't know swapping phones was a thing. I guess if it was a legitimate trade and I'm not sure if it is legal to swap phones (I'm assuming you didn't swap the sim cards), then you are right in saying you don't know what's happened to it in the past 6 days. You could ask why they didn't bring it back immediately. Stand by your decision and if they take it further (magistrates court) you can argue your case. Unfortunately you have given away your proof of purchase. Keep all the gumtree ads and communications.

 

[Kam]

Hi Lance,

No, we did not swap the sim card, just the phones itself. I still have the proof of purchase as I only emailed the photocopied of it. I have offered to meet up to get it fixed but he refused I guess there isn't much I can do. Thanks for the reply tho!

 

[Lance]

Hi Kam,
I wouldn't stress. If they choose to take it to the NSW Civil and Administrative Tribunal you can claim it was working fine, you gave them reasonable time to determine it was functioning and they had the 6 days preceding the complaint which they had not raised an issue. So why is it that after 6 days all of a sudden it doesn't work. Did the phone receive a new firmware update in that time that affected it? Did they drop it in the toilet? Who knows, but its not your problem.