Next 'Forced' Credit

[DonAndy]

Hi I'm new to the group so a big hello to everyone.

I have been having problems with Next and wondered if anyone else has or if anyone has any advise.

Last weekend I was looking for a new duvet cover set. I browsed the online webstores and came across one I liked in Next. I wanted it quickly and so phoned up to see if it was in my local store, it wasn't, neither was it in any other store in London! I was travelling to Birmingham this week so I checked there as well with no luck!
I couldn't find anything else and so decided to order the duvet set online. I then did the following:

1. I browsed the store and found the product and added it to my 'Bag'.
2. I went to my 'Bag' which confirmed the item was correct and in stock.
3. I clicked 'Checkout', this takes you to a 'Please Sign In' page.
4. The options are to sign in if your an existing Next directory customer or to register, I chose register.
5. This takes you to a 'Your Details' page where I entered my name, date of birth, Delivery Address and contact numbers / email.
6. It also asks if you want Free delivery and pay for a catalogue at £3.75 or no catalogue but delivery will cost you £3.75!!!
7. It has a small box at the bottom that needs to be ticked saying you have read the terms and conditions (link beside it), I've bought a fair amount of stuff online and so didn't bother reading what I thought would be a standard list of delivery and returns conditions etc.
8. I ticked the box and clicked continue. This takes you to a page where you select delivery options (dates etc.) which I filled out.
9. The following page thanks me for the order and confirms when it will be delivered / dispatched etc.

I was still holding my debit card ready to pay and it never asked me for the details. Very confused I phone the helpline, the lady said that I had setup a credit account!

I had no intension and was not aware of setting up this credit account, I was asked for minimal personal details and a 'Delivery Address' (into which I entered my parents address not my own current address). These details could be known and entered by anyone.

So now I've had a credit search done and am in a credit agreement that I didn't want and wasn't aware of. I've been throught the website again and at no point through the ordering process does it mention a credit agreement (apart from the terms and conditions which I didn't read, although these are on a seperate webpage through a small link).

I want the credit agreement closed and the record removed from my credit history (otherwise it will be on there for 6 years) however Next are saying it was all in the terms and conditions.

What are peoples thoughts?

Thanks,
Andy Fryer

[installspark]

Next are a law unto themselves.

Until recently I had a Next account with a 2k limit, until I decided to order a freezer when they suddenly decided to withdraw the account and close it, this is despite 18 months of payments being made in full and on time, most of which were for balances greater than the cost of the freezer.

They have now been issued with a S.A.R - (Subject Access Request).

[lawbunny]

I had a quick look at the Next website for the T&Cs just now. I didn't even sign up for an account - I just clicked the T&Cs at the bottom of the page, took me 2 seconds. And there at the top of the second paragraph is:

"Next Directory Account Details

I understand that a credit account will be opened for me..."


I've got to be honest, I don't really see how you could possibly argue your way out of this. Just because you didn't actually read the T&Cs which are easily accessible is not grounds for you to try and get out of it.

[wanderingsoul]

I have had trouble with Next in the past too. They really have no idea about customer service.
You may be able to claim under 'unfair contract' or some type of lack of information. There should also be a 'cooling off period' where you can choose if the product is for you or not.
However, As Lawbunny said: 'Just because you didn't actually read the T&Cs which are easily accessible is not grounds for you to try and get out of it.'
I am sure Next will say something like 'ultimately the decision not to read the T and C's is your own'.
If it isn't clear except in the T and C's, and they insist on holding their ground, I would write one letter a week to the correct address and complain to their governing body too. If you claim that it wasn't clear enough and can prove it, they may back off. Check for that cooling off period though.
Good luck.

[DonAndy]

Lawbunny, thanks for taking the time to look into it. I agree if I had read the terms and conditions then I would have understood that a credit account was being opened for me. However normally I would have expected there to at least the word 'Credit' on the website sign up process.

It also doesn't change the fact that they ask for minimal information which could be obtained easily by anyone rather than asking for card details as a method of checking my identity. For example, it's not something I would do but it wouldn't be difficult to obtain the Next CEOs address and DOB then set him up a credit account, ordering him a bed etc.

I would have also expected them to ask for my home address if I was setting up a credit account rather than just a 'delivery address' which could be anywhere and in my case was not my home address.

I may not have a case which is understandable due to me not reading the T&C, however I believe this way of getting customers to sign up to a credit account is both deceptive and dishonest. Surely 'responsible lending' should include clarity of the fact that you are lending?

[dave]

Whilst legal, it does seem very, very sneaky.

Hardly anyone reads T&C's for a reason - they are dull, long, and did I mention dull?

Firms know this - they know full well that the majority of people will not read them.

I do read them these days, and despite the troubles I have had (in a similar fashion), I STILL only skim read them.

This is morally wrong at the very best.

[DonAndy]

After a letter to Next they have offered to close the account and remove it from my credit history. Fair play to them although it would be nice to see them change their ways.

[MATTYFEZ]

How long ago was this, is there not a cooling off period with this kind of agreement?

Oops, just read last post!!