• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Family member added to cell phone account and issues arise

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

BuyLowSellHigh

Active Member
The agreement was for the phone and the service together. You changed the service provider and her phone no longer worked. You can't expect her to continue paying you $50 a month when you changed the service and now her service stinks. Now she switched back to Verizon. So what is she paying Verizon? If she is now paying more than $50 per month for her service at the same level she had prior you should pay the additional. If she is paying less than $50 per month it would be reasonable to ask her to pay you the difference.
 


LdiJ

Senior Member
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.
I disagree with you. He did not "sell" her a phone. He agreed to add her and her phone to his cell phone account with her agreement to pay her share of the bill, at XX amount, until the phone was paid off. He breached his agreement with her by changing service providers before the phone was paid off. To add insult to injury he expected her to continue to pay for a phone that was paid off by someone else, even though he had breached the agreement by changing providers.
 

stealth2

Under the Radar Member
Was the phone bought through Verizon? Was it locked from switching to a different service provider?

What is your wife's take on this?
 

LdiJ

Senior Member
Was the phone bought through Verizon? Was it locked from switching to a different service provider?

What is your wife's take on this?
I would guess yes, since the new service provider was willing to pay hard cash to pay off the existing phones. They wouldn't do that if the phones could be switched to their service. Otherwise the OP could have continued to pay Verison for the phones themselves, while have service provided by someone else.
 

Zigner

Senior Member, Non-Attorney
Of course he sold it to her. He handed her a phone and she agreed to pay $30 per month for it. That's a sale.
An alternate view is that she agreed to pay him $30 per month to reimburse him for the monthly cost of the phone.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top