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Lent My Mobile Phone - Legal Rights to Get It Back?

Discussion in 'Criminal Law Forum' started by Ania, 26 May 2014.

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  1. Ania

    Ania Member

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    Do I have any legal rights to get my mobile phone back, if I lent it to someone, and now that person does not want to give it back? I have been asking for it one month already and I asked many times to return it to me?
     
  2. Paul Cott

    Paul Cott Well-Known Member

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    Hi Ania,

    Yes you should be able to get it back.

    It is potentially theft. Talk to the police about that.

    Also, put it in writing. That is, put in writing and give to the keeper of the phone, your demand for its return, advising of the consequences of its non return i.e. a police report and or legal action. Not that you would necessarily begin legal action for a phone to be returned, but you can certainly say you will, as long as it is at least a possibility. Let us know how you go.
     
    rebeccag likes this.
  3. rebeccag

    rebeccag Well-Known Member

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    G'day Ania,

    Agree with Paul's comment above. We all know stealing is illegal.
    To add to that, you may like to get some ideas for your letter from the Arts Law Centre's 'Debt recovery letter of demand' page. You could demand return of your phone and use wording similar to that in the letter. (I suppose you could also demand the value of the phone to be paid if that would also be a demand option you'd like to use.) Keep everything formal and keep a copy of the letter (send via post and email).
     
  4. Ania

    Ania Member

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    I appreciate so very much your advice here, which gave me courage to keep asking in writing despite of insulting replies.
    When I had enough evidence in emails, I mentioned police.
    Next day David gave me Nokia Lumia 625 back.
    He did not tell me even one thanks for using it from April this year, and next day sent me more insults in the email.
    That taught me a valuable lesson not to be so gullible in trusting a man met on RSVP,
    because he could be a very deceitful individual with no conscience who will take advantage of my good heart and abuse me in return.
    Ania from Adelaide
     
  5. Paul Cott

    Paul Cott Well-Known Member

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    Hi Ania,

    That's great news, I am pleased you got your phone back.

    Paul.
     
    John R likes this.

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