Can other party sneak in new contract terms via termination notice? My friend's business applied for a credit card processor company's service. When signing up for this service the only document they asked her to sign was Application Form. Also, their sales person verbally promised that she can try their service risk-free for a month (ie she would not have to pay any Early Termination Fees if she would decide to switch back to old credit card processing company). However, once she decided not to do business with this new company, they tricked her and sent her template of Termination Notice that sneaked in new terms that state that she has to pay $840 in early termination fees (contrary to original agreement that stated that their service has risk-free trial period for a month). Unfortunately, she did not read this Termination Notice template carefully, signed it and sent it back to them. Other people are complaining about the same fraudulent activities from this company on BBB and YP that they try to alter original agreement and include ETFs etc - of course when it is too late already. Now, this company has already automatically charged her these $840 from her bank account, because they had access to her bank account. Is there anything she can do to dispute liability to pay this ETF because it was not disclosed at the time she signed up for service? What would have been the correct way for her to terminate service in such case? What, would happen if this company would reject to accept her Termination Notice that does not mention this $840 ETF? If there is nothing she can do anymore because "Termination Notice" is already signed by her, could in theory my friend have tried to secretly sneak in new terms in the termination notice as well? For example, to charge this company PoS terminal storage fees (PoS terminal was theirs)? I understand that hard part here would be to get this company's signature on termination notice, because termination notice is typically signed only by one party, but what are the chances to sneak in new terms from our side and make new liabilities for this other company? I understand what I ask is morally disgusting. However, I am not sure if it is or isn't legal. If it is illegal, then I think she should get back her $840. If it is legal, then why not screw with this company and try to get back even more money via PoS terminal storage fees?
Variations of contracts must be consented to by all parties. This means that if the company sent your friend varied terms, it would have included means by which she would have consented - this may be by continuing to use a service. You cannot unilaterally change the terms of a contract. You could try to charge the company PoS terminal storage fees, but it's highly unlikely to be enforceable if they don't agree to it. In theory if they are aware of the change and they accept them in some way then they are bound to the terms just as she would be, even if they later claimed that they were not aware of them. There is some precedent - in Russia - for this with a bank and it made the news some time ago. There's plenty of cases in which people who don't read EULAs or loan contracts thoroughly are still forced to honour their obligations to their creditors under them.
If I understand your question correctly, you have some clients who have paid you for services that you have not yet provided and, indeed, they have not yet requested. Is this correct? The accounting term for this is a "prepayment". The correct accounting treatment is to increase an asset account (your bank account) and create a liability account (Prepayments or something similar). You need to talk to your accountant about how to treat these for consumption and income taxes. Legally, these people are now creditors of your business - just like all of your suppliers and employees. There is no legal requirement to escrow or otherwise treat this as trust money. Basically, if your business goes bust they will lose their money. This is something that you should have dealt with in your contract with your customers - if you are running an online business then you should get a lawyer to revise your terms of service to cover things like how they can ask for a refund (and how long you have to get it to them) and how long (or if) they forfeit the funds. As it stands the money effectively becomes yours after whatever time under a statute of limitation applies to transactions of this type and size (under whatever law applies to the contract) since after that time they cannot sue to get it back.
Regarding to your instructions concerning the funds in the account, it's hard to prove a negative. As far as I know there is no legislation that requires a credit balance to be retained. However, there may be some regulations or internal policies regarding the closure of home loans, which may preclude closure without some documentation or other process. But just because you can't cite legislation that requires you to do things, doesn't mean it doesn't exist. You don't ask the new bank to support their claims which contradict the old banks, because it works in your favour. With regard to the last instruction regarding your funds, the bank can and will provide you with a list of fees and charges applied to your account - it's called a statement. With regard to your explicit other option - is what the bank's doing essentially theft? - you can call it theft, but it's not. At worst it's conversion, the remedy for which is the recovery of the converted property, or damages equal to the value of the property. If you have attempted to resolve your complaint through the bank's internal dispute resolution processes (usually some kind of complaint process), you can also contact the Financial Services Ombudsman, who may assist with these situations. Finally, as for your further instructions, they are all void and unenforceable. 1. You cannot impose terms on the conduct of another party without their agreement. This is called a counteroffer or variance to their established terms which you will have agreed to at the time that you established the original loan. 3. You can never be compensated just for your time.
The official judgements do not reveal the funding for these lawyers; so where can I find this information? Nowhere. The commercial arrangements between lawyers and their clients are private and confidential like any other business transactions. You have no more right to know this then you do to know how your neighbour pays their mortgage. how could she have funded litigation in the EWHC and then EWCA before the UKSC? She may have rich parents or another benefactor who has in interest in her or the outcome of the case. She may have won the lottery. She may be the heiress of a dead rich uncle. By the way, "having" student loans does not mean you "need" student loans. Interest rates on student loans are cheap - if I need to pay $10,000 for a course and have $10,000 earning 5%, I would be nuts to use that if I could take out a loan at 3%.
I am not a lawyer: If they sue you it will probably be for fraud, then the DA will investigate and can easily find out who you are. If they can prove that you signed the contract is another story. If the clause in the contract is valid yet another. Getting a lawyer might be wise, especially if your visa depends on a clean legal record. Have you talked to them yet? If you can afford it, you or your new company could pay off he months salary to the old company. In my opinion it's fair, they probably turned down a lot of other applicants an will either need to search again or find a good temp to replace you. Think there was something that you cannot quit a contract before it starts, but another option would be to start working for them and then realizing during the test period that it's a bad match. However, best lawyer up! Search for "Kündigung vor Beschäftigungsbeginn" (Cancellation before the start of employment) Quick google suggests that they might be right if they have it in the contract, but the lawyer will know for sure. Look for someone who does "Arbeitsrecht".
As written, your question seems to ask for legal advice in a specific case. That would be off-topic. If you are asking strictly as a hypothetical: In germany, there is supposed to be the Bestellerprinzip for services of a real state agent (whoever retains the agent pays the fees). This was clarified in the Gesetz zur Regelung der Wohnungsvermittlung as changed in 2015. Landlords and real estate agents are frequently trying to get around it, but getting the legal construction of the contracts wrong would mean a substantial fine.
Am I right to assume that once the notice has been issued to the other party, me and the client still work on the project for 14 days until the notice period expires and that the client is required to pay for the work that has been done in those 14 days In the absence of any other wording to the contrary, a contract continues as normal up until the day of termination. The fact that a party has given notice to terminate merely establishes the termination date, unless the notice clause says something different. Note that there is nothing to stop you drafting a clause which explicitly states this. Indeed, it is often useful to explicitly state things which are already implied as it helps to avoid any dispute from arising in the first place.
IMHO, your questions reflect several misunderstandings of how the process works. So, with your permission, I will avoid directly answering your questions and instead focus on suggestions how to best help you plot a path forward. Your counterparty has the burden of proof. If your counterparty forged your signature on a contract, then they must prove you signed it or they can not enforce it. In order to enforce the contract, they will need to sue you civilly. Then you can introduce evidence of their forgery at that time. Inform your counterparty you did not sign the contract. Then act accordingly. If your counterparty forged your signature on an extension contract then you should inform them immediately after it has come to your attention. Advise them you have no intention of complying with a contract you never signed. And that if they try to enforce the forged agreement, you will defend yourself "vigorously." Never threaten criminal charges to advance your position in a civil case. This behavior is a crime in itself. It's called extortion. If you want to pursue criminal charges at some point then do it without relating it to the civil case. The police are not your only means of pursuing criminal charges. You can also schedule a meeting with your District Attorney, State's Attorney (whatever that position is called in your state) or your state's Attorney General. In other words, you might want to approach the government's attorney responsible for prosecuting crimes in your jurisdiction. Forget about involving the police. They have given you their position on the matter. Approach the DA or AG office instead. If the DA/AG decides to use the police, she we will make that decision then inform the police how she needs to use their services. Police are wary of being used as leverage in civil disputes. That's probably the reason for their policy decision regardless of whether it's technically justified by the law or not. Your counterparty can't "fix" anything. If they claim you signed a document you did not, they will have to produce that document with your signature on it. This will presumably be your Exhibit A evidence they forged it. Disclaimer: I am a lay person and not an attorney. This writing is no substitute for proper legal advice. If you need help with a specific legal situation please hire an attorney and do not rely on anything I have written here.