Thread: Next Directory legal team admit that no agreement means not enforceable

While I have been waiting for progress with some other claims I started to correct Next in the errors of their ways.

Not sure if thers are having problems with next but hope this can help someone.

In 2000 I had a next credit account, it was used twice and paid off. I later found out that it had been automatically closed after 6 months of no use.

No problem there then...

I then purchased a next directory in 2006 in store and filled out no form et. I only purchased a couple of things and paid for them by card at the time of order, so no credit taken.

I then got my credit files and although there were no problems in the actual data I was shocked to find that my 2000 credit account was still receiving a monthly update.

I wrote and told them to stop this as I have not had an account for 6 years.

They said no and sent me a copy of the current application form and the t/cs.

I then sent an lba say stop sharing the data or I will sue for £80 dmages + court costs.

I then got this today by email.

Dear DM,

Next Directory Account xxxx

I write further to my email of zz June 2007, following your undated letter sent by email on zz June 2007.

I am sorry to hear that you felt my response was trying to fob you off. I can assure you that this was not the case, I was simply trying to provide the information that you had requested. I understand that you are saying that you have not signed an Application form to open an Account, however, our records show that an Account Application Coupon was used in February 2001 to open a Next Directory Account.

I have checked our records and Next do not hold a signed Credit Agreement for the Account. I am aware an Application form is not enforceable as a Credit Agreement and I am sorry if you felt I was trying to suggest that was the case. In the absence of a Credit Agreement, any debt on the Credit Account would not be enforceable. However, there is no Debt on this Account as you will know from my previous letter.

As stated in my previous letter, orders were placed on the Account in December 2001 and then a Next Directory was billed in January 2002. After this the Account did become closed, after a period of inactivity. However, the Account was re-activated by the Application for a Cash Account in 2006. I am sorry that the Credit Account was re-activated, although you requested a Cash Account. This is an error on the part of Next Directory, for which I can only apologise.

Under the circumstances and bearing in mind that there has been almost no activity on the Credit Account, other than Directories and 2 orders which were subsequently returned, I have made arrangements for the Account to be removed from the Credit Reference Agency Files.

As explained in my letter, each Next Directory contains information as to how information will be shared with Credit Reference Agencies, where a Credit Account is used. Acceptance of Next Directory terms and conditions of Trading can be in various forms and it is not always necessary to gain a signature to indicate consent. You refer to placing orders in store, however, this is a different situation where a Credit Account would not be used and therefore it would not be appropriate for Sales Assistants to go through the terms and conditions of Sale or ask you to sign anything.

Bearing in mind that the Account has had very little use and that an error on the part of Next Directory caused the Credit Account to be re-activated in 2006, as stated above I have made arrangements for the Credit Account to be deleted from the Credit Reference Files, as a gesture of goodwill. I hope you will feel that this brings the matter to a satisfactory conclusion. However, if this is not the case although I am out of the office until Tuesday 10th July 2007, I would be very happy to discuss the matter with you on my return to the office. My telephone number is shown below.



Yours sincerely







Emma Dion
Group Data Protection Manager
Legal Department


No she seams to have missed off the number for me to call back on ooops,


Similar Threads:

• no agreement of loan is interest enforceable
• Capital One Credit Agreement is it legal?
• contacting halifax legal team
• Contacting the Legal team regarding settling claim

But remember this was a low usage account, no payment problems and they probably weren't aware that a few thousand people would have access to the contents of it.

Correct, but now I am affraid it has been released to the public, oops.

How can I live with myself? I feel such........well....happi ness at helping others.