Credit Agreements + Next

Thea

I really need some advice here- especially from those with any knowledge of law or who can point me in the right direction as I look for help.

I stated an account with Next directory back in 2001. After my first order they sent me 2 credit agreements for me to sign which I did not. I continued to place orders on the account which they accepted. Now in around 2003 they sent me an form for me to sign asking if I wanted a Next Directory Card. Rather than a store card it means you can buy what you want from any Next shop and the price is added to your account at no extra charge. I sign the stating my account number. Now im in debt dispute numerous attempts they refuse my £5 per month offer on a £300 balance. On asking for a copy of my credit agreement when I opened the account- they sent me a photocopy of the small slip which I signed asking for the Next Directory Card. It does state on it that ‘I understand that I will be subject to Next D’s terms and conditions and I agree to be bound my them’

So what are my rights, I didn’t sign the agreement upon opening the account so am not liable for the debt. I am only really exploring this route because they are threating to sell my debt to an collections agency. I did sign the slip- but for the Directory card. I took no notice of the statement since I assumed I signed agreement- since companies don’t usually let you place orders for credit with out this. Have I been conned into an agreement? Does anyone know if I am liable for the debt- or just liable for the debt run up by use of the card? Can this be legal- the slip is just for the Directory’s card and does/ did not come with any terms and conditions. Also- I’ve never denied I had the debt, since ive been using account and making monthly payments up until this year.

So what’s the legality of this contract? I am trying to find a solicitor specialising in legal aid but wonder if anybody here could help?

mparter

I'm just guesssing here but even though you haven't signed a credit agreement, it could be deemed that by signing for a card, you were acknowledging that you had the account.

There are some legal eagles hanging about in http://www.debthelpuk.co.uk/cgi-bin/yabb/YaBB.cgi?board=DHUL who may be able to offer better advice.

jonesMUFCforever

In layman's terms you spent the money you have had the goods now be a good person and pay up!
Pay them the least that you can afford now and go to see someone from CAB.
Cut the card up and do not put any more spending on it.

---lee---

Thea wrote:

Have I been conned into an agreement?

Apologies if this sounds a little abrasive, but it sounds like you’re the one trying to con Next to me, not the other way around.

If you can’t afford the repayments, there are many legitimate ways to get help.

Are you really trying to say, that you never understood that you would be required to repay the money? Did you think it was a gift or something?

I am trying to find a solicitor specialising in legal aid but wonder if anybody here could help?

So you also want legal aid provided by the tax payers to fight a pointless battle in an attempt to avoid paying a debt you owe? I think you will find that legal aid is not provided for this sort of thing.

I would try and sort this out with Next ASAP before they pass on the debt for collection.

Thea

Lee- I think your completely miss understanding me and not being helpful at all.

Ive being trying to sort out this account for SIX months now. Obviously if ive being spending on the account since 2001 ive acknowledge the debt. Next are simply not interested and despite a budget sheet and begging them they have left my account in limbo. Unfortunately this is not the first time ive signed a contract which has been deemed illegal by a judge. It's not as if Next don't know any better. I am hoping by disputing the account they MAY just give in an except my reduce payment plan.

Sounds to me like your saying to all those people who signed up for a bank account- you knew their terms and conditions so penalty fees are 100% fair. Since this is not the case you cant say im trying to con anyone. I know the debt collection agency- if they ever sell on the debt- is gonna make it too much for me to pay.

As for your legal aid arguement- GET OVER IT. Firstly im looking for advice- since im on income support the National Debt line advised me that there are solictors who donate there time to giving some legal advice. Im not saying i need a solictor to fight my side in court. If i find out the account has not being run in accordance with the law i need do nothing except let Next take ME to court.


I continue to make token payments and am simply looking for help. At the end of the day I took the Next account and have NEVER disputed what i owe them. Im hardly gonna avoid a paltry £300 debt when ive got another £33000 under my wing totally above board am I!

Oh and when i return to work- i will continue to pay my taxes + debt- just like anyone else.

M_Thomson

Thea wrote:

Lee- I think your completely miss understanding me and not being helpful at all.

Ive being trying to sort out this account for SIX months now. Obviously if ive being spending on the account since 2001 ive acknowledge the debt. Next are simply not interested and despite a budget sheet and begging them they have left my account in limbo. Unfortunately this is not the first time ive signed a contract which has been deemed illegal by a judge. It's not as if Next don't know any better. I am hoping by disputing the account they MAY just give in an except my reduce payment plan.

I am also confused by what you are saying??!!! Are you saying that because you owe money and they are not letting you reduce your payments that you will try to get out of this debt by exploiting the fact that you did not sign the credit agreement?

regularsaver1

i think next have insurance to protect paymenbts if out of work?

gazza975526570

It looks simple to me - you took the credit irrespective of if you signed the agreement or not.

Legally im not sure where you stand but ethically you need to pay the debt back. By all means consult with the revant agencies to agree a debt repayment but be honest about things and dont try to wriggle out of the debt. It just means that people who do repay their debts end up paying more.

regularsaver1

i don't know too much about it - but it might be worth posting on the debt -free board about companies to propose a monthly payment to Next on your behalf, if you post on there i am sure others can help you

Sooler

Despite some cofusing talk about liability, which I think the OP fully accepts liability and is trying to pay off the debt.

The question as I see it is as the terms and conditions were not signed and agreed to are Next entitled to recover the debt inline with these terms and conditions?

The OP signed a slip that stated ‘I understand that I will be subject to Next D’s terms and conditions and I agree to be bound my them’ - but the OP says a copy of the terms and conditions were not included.
Have Next unfairly tricked someone into agreeing to the terms and conditions?

Is the OP bound by the terms and conditions?

Should the OP have requested the T&C's before signing the slip?
Is it an obligation for the company to supply the T&Cs with whatever document needs to be signed?


I think the issue is Next are saying that they can recover the debt inline with the T&C's - ie. pass it to a collection agency.


The OP is saying if it can be shown that they are not bound to the T&C's then it may be that Next are not entitled to pass it to a collection agency but instead they will have to come to an arrangement with the OP.

---lee---

Thea wrote:

Lee- I think your completely miss understanding me and not being helpful at all.

Sorry about that, I can only interpret your post as you have written it.

Ive being trying to sort out this account for SIX months now. Obviously if ive being spending on the account since 2001 ive acknowledge the debt. Next are simply not interested and despite a budget sheet and begging them they have left my account in limbo.

That is unfortunate. In the meantime, I would continue to chip away at the debt whilst explaining your circumstances to Next.

Unfortunately this is not the first time ive signed a contract which has been deemed illegal by a judge. It's not as if Next don't know any better. I am hoping by disputing the account they MAY just give in an except my reduce payment plan.

Sounds like your an old hand at this then. I would be more inclined to think that if you start messing Next around and disputing the account, they are more likley to pass it over to a collection agency. Remember, they will sell the debt on at a loss, so if possible, I'm sure they would prefer to retain it and get all their money back.

Sounds to me like your saying to all those people who signed up for a bank account- you knew their terms and conditions so penalty fees are 100% fair. Since this is not the case you cant say im trying to con anyone.

That is a completely different scenario. The situation you have described would be more akin to those people saying, this is not my account so I’m not paying the charges.

You said that Next were conning you. I just don’t understand the logic behind that at all. Next would be conning you if you had never bought any goods of them and they said that you had.

There has been no legal ruling on enforcing bank fees – that is, no bank has ever turned up in court to defend them. So as yet, it’s an unknown quantity.

The discussion on bank fees is covered on other threads, so I’m not going to start one here.

I know the debt collection agency- if they ever sell on the debt- is gonna make it too much for me to pay.

All the more reason to get on top of it now instead of trying to wriggle out of it on a vague technicality.

As for your legal aid arguement- GET OVER IT. Firstly im looking for advice- since im on income support the National Debt line advised me that there are solictors who donate there time to giving some legal advice. Im not saying i need a solictor to fight my side in court. If i find out the account has not being run in accordance with the law i need do nothing except let Next take ME to court.

I've got no issue with legal aid being used for those who need it. I don't think it's appropriate in this instance and I sincerely doubt that you will get it.

I continue to make token payments and am simply looking for help. At the end of the day I took the Next account and have NEVER disputed what i owe them. Im hardly gonna avoid a paltry £300 debt when ive got another £33000 under my wing totally above board am I!

If you acknowledge the debt, then why are you trying to wriggle out of it?

Oh and when i return to work- i will continue to pay my taxes + debt- just like anyone else.

As with the legal aid and bank fees, your simply trying to stir it up. There was no indication that you were not working in your earlier post and it's got nothing to do with the argument in any case.

There are many people on the boards who have fallen on hard times. A lot of people do at some point in their lives, myself and my family included in the past. I've offered plenty of well intentioned advice on the DFW board and I always read it, but what advice can you offer to someone who is just trying to avoid a debt ?