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QLD Lost Gift Card Used Before Cancellation

Discussion in 'Australian Consumer Law Forum' started by Scopec, 24 August 2015.

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  1. Scopec

    Scopec Member

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    Recently lost a gift card which was used before we were able to cancel it. Is the user, knwoing it was not theirs, liable for any form of theft or are gift cards exempt from such rules?
     
  2. Sophea

    Sophea Well-Known Member

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    Was the gift card stolen? Or Lost?
     
  3. Scopec

    Scopec Member

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    Lost it at the shops, had a look and couldn't find it!
     
  4. Sophea

    Sophea Well-Known Member

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    As I can always remember being told, gift cards are like cash in the hands of others so guard them as you would your cash. Under common law a finder of lost property has a superior claim of right over any other person except the previous owner. Therefore the proper course is usually for someone finding an item to give the rightful owner an opportunity to recover the item after which it belongs to the finder. However in circumstances where it is impossible for the finder to find the true owner the law may allow them to keep the item they have found.

    I am guessing that you don't know who the owner is anyway so its not like you can sue them for the balance of the card or anything.
     

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