Cell Phone Bill

[KJAQMAL]

NEW YORK

I was unable to get a cell phone in my name, so I asked around on the barter/free section of craigslist.org to try to find someone who would be willing to give me their phone, sell it to me or switch their plan into my name. A woman e-mailed me and said she would give me her phone, free of charge- although I offered to pay for it and she wanted to keep it in her name and I would just have to pay the $34 a month. The number was a NJ number and I lived in NY and I asked her to call and change it since she had all of her personal information they would request. She didn't.. I hardly really used the phone, and mostly at night after 9pm when she told me I had unlimited minutes and free long distance. We never had a written contract or anything, and now she e-mails me and says the bill is $460 and that I 'MUST' pay it right now and send her the phone and sign a contract that says I will pay it since she forgot to do it before. I am sorry, but I don't feel responsible at all.. am I?

 

[stephenk]

was everything she told you in writing?

Have you seen the bill? How much do you think you owe?

I would return the phone to her and try and get your own phone in your own name.

 

[KJAQMAL]

cell phone

There was no contract between us. She sent me the phone and all she told me about it was that it was $29 a month and that after 9pm there was free nights and long distance. We did not have a signed anything.. we never even spoke on the phone. The number was a NJ number and I asked her to change it and she said I had to and they wouldn't change it without all of her information, SS # and all that. I can't view the information as to why it is that much without her log in information for the att website. She e-mailed me their bill and all it says is $200 in home calling and like $180 in roaming and the rest in fees... She can't hold me accountable without any kind of contract right?

 

[stephenk]

if you made the calls that total the amount she is claiming, she can sue you for the amount. Your defense would be that she told you the calls were free after 9:00 pm, etc.

A judge may still say you have to pay, contract or not.

why cant you get a phone on your own?

 

[KJAQMAL]

cell

well, I can't get one on my own because I stay away from credit cards.. as in I have none. She never told me how much it was per minute or anything like that. We never had a contract and she just keeps e-mailing me and threathening to sue and being nasty and ordering me to send her a check. She didn't give me any information on the phone such as roaming charges or anything like that.

 

[djohnson]

You don't have to have a credit card to get a phone. There are different companies and different plan. It sounds like you have already burnt these avenues and was looking for a different one. What all did she tell you was included? What all did you ask? I think you were both probably negligent and it could go either way in court. I would offer to split it with her since you were both obviously in the wrong.

 

[lwpat]

This sounds like it may be a scam. I cannot imagine anyone sending someone they do not know their phone. I would immediately return the phone and demand a copy of the bill.

If she sues you she will have to produce the bill in court in order to prove that you used the phone. Until you get the bill I would not pay anything except what you agreed.

 

[KJAQMAL]

cell phone

She never sent me the bill except for e-mailing me how much it was, but didn't send me the information I need to access who was called, for how long and at what times online. She has been e-mailing me every single day and demanding that NOW I sign a contract after the fact to say I agreed to it and that I agree to pay. I told her I could give her $65 a month and she said that was fine but demanded I send her the phone. I have a high risk pregnancy so I was just in the hospital for 3 days so I just got her e-mail this afternoon and this morning I sent her the phone and the payment, but just e-mailed her back now... after I got home and found a ton of messages from my friends saying some psycho called them yelling and demanding my address and home phone number. Isn't that harassment? I don't know what to do.. she just keeps threatening to sue.

 

[stephenk]

first, dont send her any more money.

second, send her a letter demanding a copy of the phone bill and that you will have no further discussion until she does send you the bill. Have the return address be a post office box, not your home address.

third, change your email address.

Finally, how did you get the phone sent to you? Why would she be asking your friends for your address if she sent you the phone?

 

[KJAQMAL]

phone

Well I was scared she might show up or something, so I told her I had moved and am staying with a friend until I get a new apartment.