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Family member added to cell phone account and issues arise

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douglas68

New member
Michigan is the state I live in. In December of 2017 my Mother in law had a falling out with her son who provided her with cell phone service on his plan with Sprint. She paid him $50 per month and she wasn't sure if he would eventually cut her service off so I decided to add her to my family account. She wanted a new cell phone as her's was 5 years old. We agreed to add a new phone to my account and she agreed to pay me $50 per month (20 for the service and 30 for the device payment). The cost of the phone was $875. Easy enough. 10 months later I decided to switch service providers because I was paying roughly $400 per month ( I switched from Verizon to Tmobile) in total. With the switch Tmobile provided me with an incentive of paying off all devices so I received $1600 to pay off all phones and join Tmobile. This switch had everything to do with me trying to do better on a monthly basis and nothing to do with her paying me $50 per month to continue service and pay off the device. I saved about $125 each month. This is where it gets tricky. My MIL lives in Florida and service there was patchy. She was unhappy with it so she went back to Verizon and they told her the phone had no balance and that is when the payments to me stopped. When I left Verizon for Tmobile the plan was to keep a balance with Verizon and apply my MIL's $50 per month payments directly to Verizon. (In fact I told her to send the payments to Verizon but didn't). Eventually the balance that I had above and beyond the $1600 payoff would be settled and everyone would be happy. Because the payments to me stopped after 10 months and $350 my exit/payoff plan fell apart. Now we are at a crossroad. She feels she owes not one penny and I feel she reneged on the verbal contract that she make payments to me until the $875 phone was paid off. Because this is a family matter and she sees things one way and I another it is causing issues but not so much that I would sue her.
 
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adjusterjack

Senior Member
You're in Michigan, she's in Florida. Suing her is problematic at that distance and your wife certainly isn't going to allow you to sue her mother.

Reality check: You're going to eat the loss and learn not to get financially involved with relatives.
 

douglas68

New member
You're in Michigan, she's in Florida. Suing her is problematic at that distance and your wife certainly isn't going to allow you to sue her mother.

Reality check: You're going to eat the loss and learn not to get financially involved with relatives.
Yes lesson learned. She has since moved back to Michigan. I would not sue her but simply wanted an opinion on whether I'm right or wrong for my own sanity and also we havent settled the argument yet.
 

Zigner

Senior Member, Non-Attorney
Yes, she was paying $50 per month, but it was clearly split out to be $30 per month for the phone and $20 per month for the service. Since the phone was paid off, she should no longer have had to pay the $30 portion, and since she's no longer using your plan for service, she should no longer have to pay the $20 for service.
 

Zigner

Senior Member, Non-Attorney
Alternatively, you can give her the $525 you received towards her phone and then let her continue to pay $30 per month until it's paid off...but that would be silly.
 

douglas68

New member
Alternatively, you can give her the $525 you received towards her phone and then let her continue to pay $30 per month until it's paid off...but that would be silly.
OK. Let me ask you this. Had her phone been paid off out of my savings account how would that affect things? Would she owe me the money? YES. In order to make the move the phones had to be paid off. The money I received from Tmobile was my money (not hers) and I used it to pay off her phone. She fell into this situation. I could have not made a move and she would still be paying. Thank you for your opinion but I disagree. She agreed to pay for a phone which was $875 and only paid $350.
 

Zigner

Senior Member, Non-Attorney
OK. Let me ask you this. Had her phone been paid off out of my savings account how would that affect things? Would she owe me the money? YES.
Sure - but that's completely different than what happened here.

The money I received from Tmobile was my money (not hers) and I used it to pay off her phone.
The money was given by T-Mobile to pay off the old phones. It was HER'S to pay off HER phone.

I could have not made a move and she would still be paying.
That's true.

Thank you for your opinion but I disagree.
I see - you're not here to get advice or other viewpoints...you're just here to get folks to tell you that you're right.

She agreed to pay for a phone which was $875 and only paid $350.
True, but then the phone got paid off at no cost to you. Frankly, you're being greedy at this point.
 

adjusterjack

Senior Member
wanted an opinion on whether I'm right or wrong for my own sanity and also we havent settled the argument yet.
I'll throw in my two cents worth.

You sold your mother in law a phone for $875 with the agreement that she pay you $30 per month until the $875 was paid off. That's a simple, enforceable, contract. She paid $350 and quit paying. She owes you $525. Doesn't matter how much or how little you paid for the phone or didn't pay at all. She made the agreement with you. What you agreed with T-Mobile has nothing to do with her.

Paying for the service is separate. She could have taken the phone and gotten a new service provider.
 

Zigner

Senior Member, Non-Attorney
I'll throw in my two cents worth.

You sold your mother in law a phone for $875 with the agreement that she pay you $30 per month until the $875 was paid off. That's a simple, enforceable, contract. She paid $350 and quit paying. She owes you $525. Doesn't matter how much or how little you paid for the phone or didn't pay at all. She made the agreement with you. What you agreed with T-Mobile has nothing to do with her.

Paying for the service is separate. She could have taken the phone and gotten a new service provider.
HOWEVER, if somebody paid off the phone on behalf of the woman, then she owes nothing. Why should the OP receive payment twice for the same phone?
 

adjusterjack

Senior Member
HOWEVER, if somebody paid off the phone on behalf of the woman, then she owes nothing. Why should the OP receive payment twice for the same phone?
But somebody didn't pay off the phone on behalf of the woman, somebody paid off the phone on behalf of the poster. MIL had nothing to do with the deal with T-Mobile.

The phone is still worth $875 and that's how much the poster sold it to his MIL for. That he got it for free is irrelevant.

If somebody gave me a car for free and I sold it to you for $1000 would the fact that I got if for free absolve you from paying me for it? Of course not.
 

Zigner

Senior Member, Non-Attorney
But somebody didn't pay off the phone on behalf of the woman, somebody paid off the phone on behalf of the poster. MIL had nothing to do with the deal with T-Mobile.

The phone is still worth $875 and that's how much the poster sold it to his MIL for. That he got it for free is irrelevant.

If somebody gave me a car for free and I sold it to you for $1000 would the fact that I got if for free absolve you from paying me for it? Of course not.
Ok, I see where you're coming from. I disagree, but you make a valid counterpoint.
 

LdiJ

Senior Member
But somebody didn't pay off the phone on behalf of the woman, somebody paid off the phone on behalf of the poster. MIL had nothing to do with the deal with T-Mobile.

The phone is still worth $875 and that's how much the poster sold it to his MIL for. That he got it for free is irrelevant.

If somebody gave me a car for free and I sold it to you for $1000 would the fact that I got if for free absolve you from paying me for it? Of course not.
I agree with Zigner. I think the OP is just being greedy expecting the phone to be paid off twice.
 

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