Credit Agreements + Next

ManAtHome

Sooler wrote:

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?

This is the confusing bit for me - why would anyone agree to be bound by T&Cs they've never seen, never asked to see?

Astaroth

Under normal contract law a contract does not have to be signed to be legally binding however under the Consumer Credit Act 1974 (s61(1)(a)) I believe a credit agreement does have to be signed by both parties for the Consumer Credit Act's protection and rules to apply to the debt.

If this is not completed this does not invalidate the debt but means that only the court can enforce it - though to do this will increase the debt you have to pay.

Read: http://www.oft.gov.uk/NR/rdonlyres/D536ECCA-DBD6-4184-A0F3-5793D32797A4/0/CreditagreementFAQs.pdf