Next Account Credit agreement

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?

jessicamb

I'm no lawyer but it seems to me that they could successfully argue that you accepted the T&Cs just by spending on the card. Just because you didnt sign the paper doesnt mean you are outside contract - it might be seen as some sort if implied agreement.

Sure somebody with more info will be along soon though.

Can you not clear the £300 balance? Obviously we dont know your circumstances but it doesn't seem a vast amount. Maybe post an SOA and we can see if there is anywhere to cut back?

Jessiepig

I have a next directory account which i use to order things on the internet but last year they offered a card which i ticked the box for.
You have not been conned and it was obvious that the card was just an extension of your original account and it just enables you to buy in store using your account.
I do not think that Next have done anything wrong here.

mintymoneysaver

Sorry I don't understand...when you first opened the account ( to order from the directory )why didn't you sign the form? Surely the whole idea was to have a credit agreement?
Maybe legally you are not liable for the debt because you didn't sign the form but it is all your debt isn't it? How much is the minimum payment on £300, itcan't be that much surely? Why don't you just pay the minimum if that's all you can afford , and cut the card up so you can't spend any more...

Thea

thanks for the advice so far......

i signed for the card just to be able to spend in store, i did't realise i had not signed an agreement until i asked for a copy of this.

I know £300 is not much but the account is being in dispute for 6 months now with Next absolutely refusing to accept my token payment of £5 per month and are demanding £140 in cash at any bank immediately. I am in £33k of debt and on benefit- believe me if i had the money or could borrow it i wouldn't even be here. I am hoping that no agreement was signed i could 'politely' threaten Next and tell them the best chance of them seeing there money is to accept the payments until i go back to work. All my other creditors have seen sense. and if they accepted the payments ive been making, there would be no problem.

Oh the only card i use now is by bank account!

$17mma

Please note that the NEXT card has an apr of something like 21% and it does act like a store card.

Think you need to read the terms and condits again and query this with them.

bargainbetty

Do you have CCCS or payplan? If not, it might be worth trying them and having them deal with Next. One they are involved, it makes it very diffiult for a creditor to make unreasonable demands.

If you are in that level of debt, it would be a good idea to formalise all these arrangements via one of these organisations, just in case someone gets lively again later.

I'd also suggest you post your SOA (statement of affairs) on here and let these great people help you work out how best to bring down your debt within your means.

Good luck x