QLD Purchased iPad from Gumtree - How to Take Seller to QCAT?

[Caleb M]

Hello,

I bought an iPad from this person on Gumtree face to face. We met at a place and I paid in cash. The iPad turned out to be activation locked later when I tried to set up. I specifically asked if it was activation locked or not before we met, and he said it was not. I could not test whether it was true or not because there was no internet connection available at the place I met him.

Later on, I requested a refund, but he refused, and now he is ignoring me after insulting me. I have already asked the police for help, but they said there was nothing they can do for me as it is a civil matter.

So I am thinking of lodging a minor claim against him through QCAT to recover my money. I have all the messages I have exchanged with him, his number, his possible address and his name, but I am not sure where to start as I am not sure which category does this matter fall into. Would this be considered as a minor debt dispute? And what kinds of things should I prepare?

 

[Lance]

Hi Caleb,

Does his original gumtree post say anything about it not being activation locked. Actually the more I think about it, it doesn't matter, he has supplied you with a device that can be locked and tracked by him so effectively it's not fit for purpose. I would pursue it.

Request a refund through QCAT with the provision that you will return the device to him.

 

[Lance]

Sorry Caleb, I should have said the process is pretty straight forward, it can all be done on line through elodgement: Application process - debt disputes - QCAT Queensland Civil and Administrative Tribunal

Take multiple copies of all communications and also definitions of what activation lock is and what that means to someone buying a second hand tablet.

 

[Caleb M]

Sorry Caleb, I should have said the process is pretty straight forward, it can all be done on line through elodgement: Application process - debt disputes - QCAT Queensland Civil and Administrative Tribunal

Take multiple copies of all communications and also definitions of what activation lock is and what that means to someone buying a second hand tablet.

Thank you so much for your replies, Lance. They are very helpful!

I might post follow-ups in case there's anyone else who's seeking for more information.

Thank you again.