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-   -   Cell Phone Bill and Cancellation Fee (https://www.askmehelpdesk.com/showthread.php?t=150441)

  • Nov 10, 2007, 05:05 AM
    anha
    Cell Phone Bill and Cancellation Fee
    Ex-boyfriend and I broke up. He owes me money for the number that he used on my wireless account. Wrote an email explaining monthly charges that he owes plus the cancellation fee. Gave him a date to respond by via email. He replied within the next hour and stated he would comply and render services. Four days later, he then called me and stated that he would pay the monthly charge but not the cancellation fee. Is it my responsibility for the cancellation fee even though he stated in the email that he would pay for the cancellation fee as well? Is this worth taking to small claims court when I have proof of the email that he would pay for both the monthlhy charge and cancellation fee. He admitted on the phone that he did not read the entire email and see the cancellation fee.


    Please help!
  • Nov 10, 2007, 11:36 AM
    JudyKayTee
    Quote:

    Originally Posted by anha
    Ex-boyfriend and I broke up. He owes me money for the number that he used on my wireless account. Wrote an email explaining monthly charges that he owes plus the cancellation fee. Gave him a date to respond by via email. He replied withing the next hour and stated he would comply and render services. Four days later, he then called me and stated that he would pay the monthly charge but not the cancellation fee. Is it my responsibility for the cancellation fee even though he stated in the email that he would pay for the cancellation fee as well? Is this worth taking to small claims court when I have proof of the email that he would pay for both the monthlhy charge and cancellation fee. He admitted on the phone that he did not read the entire email and see the cancellation fee.


    Please help!



    If you have an e-mail that he specifically agreed to pay the cancellation fee, certainly I would file in Small Claims Court. If you do not have anything in writing I would still file but it will be your word against his. I don't know what argument he could make other than the phone was a gift - ? I doubt that would hold up in Court. Your e-mail to him is proof that you presented the charges to him but not proof that he agreed to pay them.

    What do you mean when you say you boyfriend agreed to render services?
  • Nov 10, 2007, 11:45 AM
    anha
    Quote:

    Originally Posted by JudyKayTee
    If you have an e-mail that he specifically agreed to pay the cancellation fee, certainly I would file in Small Claims Court. If you do not have anything in writing I would still file but it will be your word against his. I don't know what argument he could make other than the phone was a gift - ? I doubt that would hold up in Court. Your e-mail to him is proof that you presented the charges to him but not proof that he agreed to pay them.

    What do you mean when you say you boyfriend agreed to render services?


    In the first email, I stated that he would have to pay the cancellation fee and monthly charge. He responded by saying that he would comply and render services. So that means he agreed to pay monthly charges and cancellation fee, right?


    I will take your advice and file in small claims court. I have in writing via email from him that he would comply.
    Thanks
  • Nov 10, 2007, 11:52 AM
    Fr_Chuck
    Actually "render services" could mean many things, from paying the monthly cell phone to many things, had he said ( I will pay the fees and charges) then he would have said that. Most likely since most people don't actually talk like that he was using legal terms in an attempt to confuse the issue. But the fact he had the phone, used the phone and the such, is often all you need. And all that can happen is you lose in court, so no reason not to try.
  • Nov 10, 2007, 11:53 AM
    jax in the box
    Are you kidding get the money you can out of this guy and write off your losses.
  • Nov 10, 2007, 12:02 PM
    anha
    Quote:

    Originally Posted by Fr_Chuck
    actually "render services" could mean many things, from paying the monthly cell phone to many things, had he said ( I will pay the fees and charges) then he would have said that. Most likely since most people don't actually talk like that he was using legal terms in an attempt to confuse the issue. But the fact he had the phone, used the phone and the such, is often all you need. And all that can happen is you lose in court, so no reason not to try.


    In the email he responded by saying that he would comply, so does that mean he agrees as well.


    Thanks

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