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YOU HAVE A CONTRACT, IF YOU COMPREHEND "CONDITIONAL ACCEPTANCE" YOU CAN MAKE THIS WORK, FIGHT BACK !
First let me say I am not an attorney, I am not a law firm and I do not give legal advice. I am simply telling you how I handle these things myself. This works.
Any time a bank or a company you are doing business with wants to change the terms and or conditions of the agreement, they can. You must understand how contract law works. BOTH parties can amend a contract if the other party agrees. The party that moves first is actually the weaker party. Here is what I do:
You have to learn to do a "conditional acceptance" to their offer. This can be done with anyone. Your bank, your utilities or anyone. Once they give you the "new terms" you accept them on the conditions you set forth. You accept their changes and they must accept yours.
Some rules I follow:
Never do automatic drafts for payments or online statements (always paper) make them work at it.
Once you start doing business with them send them a letter telling them you expect to be notified on any changes to the terms and conditions of your agreement in writing at your address they have on file. Changes to any terms and conditions on their website etc are not proper notice in commerce be sure to tell them that.
Respond to any offer (the change of T/C) within 10 business days.
Always correspond via certified mail with return receipt
Sign your acceptance in blue ink and keep two copies for yourself.
Never negotiate or talk to them by phone or email. It is a trap.
If they call or email politely tell them to respond properly to you in writing at the address on your letter you sent to them and remind them of the time frame. That's it. Hang up. I would also follow that up with a short letter of the conversation. If a response comes in email same thing. Short to the point, remind them they have changes the agreement (contract) and you and they have now agreed to correspond on the matter via the mail and to please do so properly and tell them you are awaiting a proper response. If you can attach a PDF of your conditional acceptance. Tell them to act accordingly.
Notice they ask him to "call and discuss the changes"...don't call. It is much harder to take a phone call to court and make something stick. Besides you may not know the correct answer that is in your best interest or how to respond properly over the phone. Always in writing.
Keep in mind this is an "offer"...you don't have to accept. Typically they will cancel your agreement if you do not and this slime ball bank so much as tells this guy they will make his account useless if he does not agree. So always agree with some changes of your own. Make your changes reasonable but not something they would want to do.
In his case I would point out that I "conditionally" accept all of their changes in the terms and conditions.
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