Next Directory - Unsolicited Credit Check

chillypops

Hi everyone

Last week I ordered a top off Next online which was delivered no problem (a day earlier than requested, but that's beside the point in this case). I used a giftcard to pay for it, and all payment was cleared at the time of purchase. However, when I got home yesterday I found a new Next Directory statement waiting for me, claiming that I still owed them the money, and that a new account had been set up with a limit of £600. I phoned Customer Services, only to be told that I had authorised them to set up an account. I told them that I had done no such thing, only wanting to buy one item, and as I was using a giftcard I therefore had no need for such credit.

I was then told that within the terms and conditions of payment, a clause was buried within them consenting Next Directory to set up a credit account on my behalf, thus authorising them to run a credit check. They claim that this is perfectly legal, but I would argue that this is not made clear anywhere else on the site. Admittedly I did not thoroughly read the t&c, having never come across such a practice before when buying off the internet. Therefore any customer who buys from Next over the internet is subjecting themselves to a credit check and authorising them to set up a credit account, for in order to purchase an item you have to tick the 'I agree to the terms and conditions' box.

Is this really allowed, particularly as I had absolutely no need for any credit whatsoever? Even if I were paying by a debit or credit card instead of a giftcard then still no credit is required. I told them immediately to close the account, only to be told that I had to wait for the giftcard balance to clear! Surely a giftcard does not operate in the same manner as a credit card? I therefore have to phone back on Friday to close the account provided payment has cleared, although the Customer Services adviser did say that she had put a note on my account stating that I wanted it to be closed. I also asked them to remove the credit check from my credit record, but they also claimed this was not possible.

So I am now stuck with an extra credit check on my credit record. Is there any way this can be removed? Although Next claim this is legal, surely it should be stopped given this was in no way made clear to the customer that this was what they would do?

Ay advice greatly appreciated!

wigglebeena

Crikey. I won't be buying off Next on or offline either after hearing that. Sorry, not very helpful!

I would go to the CAB and see if there's an ombudsman or authority I can complain to of some kind, but that's my standard answer to everything!

pinkshoes

Actually, having looked online at their T&Cs, it's rather ambiguous...

It says:

A Next Directory Flexible Account ("Next Account") may be opened for you and you will be charged £3.75 for your first and each subsequent Next Directory.

and then:

When you apply to open a Next Account, a Credit Agreement will be sent to you and you must read this carefully, sign both copies and return one copy to us.

On this basis, given you paid fully when purchasing, I don't think it makes it clear whatsoever that they'll do a credit check, as it only says they "MAY" open an account, implying that if they were to do this, they'd then contact you and send you a contract...

I would be writing them a very stern letter about this, and also speaking to trading standards.

chillypops

Yes, I have just doubled check that too, only to find that it states what you have said above. I'm even more annoyed now!

Having looked at my account online - also set up when I purchased the item - it looks like they are using the giftcard as a credit account or Directory Card, and have automatically set up the account accordingly. This is not made clear anywhere within the T&C.

LinasPilibaitisisbatman

When I have purchased from next in the past there was a pre ticked box re the directory/account that you needed to untick.

On this basis if its the same you did consent.

Why do people not read websites closer when instances like this are common

chillypops

I did read it clearly and don't remember this box.

wigglebeena

This sounds like the famous Vistaprint disputed disappearing checkbox.

Paying for a directory, what a blimmin cheek. Next stuff is increasingly carp anyway. Wouldn't give you tuppence for that nevermind a 'directory'.

willo65

just went through the ordering screen and it does say on step 3

Register your details

All fields marked with a * are mandatory.

Your Details

Name Mrs xxx xxxxxx Date of Birth 18/04/1980 Telephone Number 00000000000
Your Security Details

Email [EMAIL="xxx@xxxxxxxxxxxxxx.com"]xxx@xxxxxxxxxxxxxx.com[/EMAIL] Password ******* Password Hint 6xs
Your Address

1
street name
LEEDS
West Yorkshire
post code



Your Preferences

Your PreferencesBuy Now, Pay Later! Open a Next account today and receive free delivery if you request a copy of the Next Directory.

*Please select one of the following options: Give me FREE delivery with this order and send me a copy of the latest Next Directory for just £3.75.More Info
Charge me £3.95 for delivery with my first order and do not send me a copy of the Next Directory.
*I have read and agree to the Next Terms and Conditions

Please tick this box if you do not wish to receive sale listings and other information relating to Next.




The main text at the top as you can says "Buy now Pay Later"

Also just under the main box and the submit button is this:

I understand that a credit account may be opened for me. For information on the Directory Account, including how we use your information, please view the Next Terms and Conditions .

so looks like you don't need to go as far as the T&C's because it is made clear in the ordering process.

summintosay

I have had much success with on line shopping and I have never had a bad experience. Until shopping online with NEXT Directory.
I selected a couple of items went to the checkout and attempted to make a cash purchase with my visa card. Firstly I had to work my way through pages of questions requiring my personal information. I do not agree with providing all my details including date of birth unnecessarily, after all I was merely trying to make a cash purchase. I have heard people advise you not to give the correct date of birth unless secure and necessary, with all the other information I had to supply, I did not want to give my DOB (paranoid? perhaps). Anyway I unchecked the box asking if I wanted to make purchase on account. I indicated that i did not want a next directory sent to me, and proceeded to the screen where they asked for my card details for payment. I completed this only to be told that my card details had not gone through. I was pretty annoyed as i could not understand why this was the case, and intended to give them a call sometime. A few days later I received the purchases I had attempted to make. A week later I called NEXT to find out how I could pay for the purchase as there was no invoice. It turns out of course they had gone ahead and opened an account, even though I did not want one. How did they do a credit check without my correct DOB? Do they even do a credit check before allowing you to purchase?
The woman I spoke to at NEXT - Halema - was incredibly rude!!!! She complained that I had opened an account by providing incorrect details (almost insinuating I had fraudulently attempted to open an account!!) and they now had to block this account. How can a company like NEXT Directory get away with coercing and misleading you into opening an account?? I do not understand how this does not infringe on my consumer rights.

DVardysShadow

Not doing very well at online business are they? Next breaks refund rules for online deliveries

lindseykim13

DVardysShadow wrote: »

Not doing very well at online business are they? Next breaks refund rules for online deliveries

with regards to this harrods are also doing the same! i cancelled an order but still recieved it sent it straight back to only be refunded the item cost only. grr now they are ignoring my emails!

as for next i wont order again as they just harrass you afterwards with there bloomin directory and have the cheek to charge you for it. i had to complain once about getting one even though i said i didn't want it and struggled to get the money back.
then they hassle you with phonecalls and so called offers.