Help re Next

[RobertDuncan25]

Hey all was wandering if you could take a look at this next credit agreement and tell me if it is enforceable in other words does it comply with the prescribed terms?

[mystery1]

Re: Help re Next

The 2 most important questions are when did the account open? Did you ever sign for the account ?

M1

[RobertDuncan25]

Re: Help re Next

According to noddle the acount opened on the 2/08/2005 and No I never signed a credit agreement with them I even have an email from them as proof there was no signed credit agreement on file nor had there been one.

[RobertDuncan25]

Re: Help re Next

According to noddle the acount opened on the 2/08/2005 and No I never signed a credit agreement with them I even have an email from them as proof there was no signed credit agreement on file nor had there been one.

[Streetwise]

Re: Help re Next

According to noddle the acount opened on the 2/08/2005 and No I never signed a credit agreement with them I even have an email from them as proof there was no signed credit agreement on file nor had there been one.

Was it done on line.:beagle:

[RobertDuncan25]

Re: Help re Next

I dont know but even if it was it still had to by law be sent to me and signed by me as the electronic signature did not apply at that time it came later. I dont think it was done online anyway.

[mystery1]

Re: Help re Next

http://www.legislation.gov.uk/uksi/2.../contents/made

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Consumer Credit Act 1974 (Electronic Communications) Order 2004 and shall come into force on 31^st December 2004.


It is actually a very important point for you. I would remind you that, if it goes to court and you lie, and are caught, that it is a very stupid thing to do which could end in jail time.

It would be helpful to you if you if you could remember the circumstances that brought the card to your possession. How you applied, where you applied etc etc

M1

[RobertDuncan25]

Re: Help re Next

Firstly I am not a stupid person No credit agreement was singed by me in next own email when I asked them if they had a signed credit agreement on file they stated they did not have one I asked them to provide me with a signed executed credit agreement the couldn't I then asked them to provide me with all information they held on me they told me they could not provide me with a signed credit agreement as they did not have one on file sand provided me with a blank credit agreement the one you saw there with my name typed by them at the top and a account number typed at the top that was the only credit agreement they provided so No I dont think there ever was a singed credit agreement on file full stop. They were asked if they had a signed credit agreement and they said no so there could not have been one signed either by my hand or by computer as they are required by law to give me a cooy if there is a request for the original credit agreement and given there own email said they did not have one I would say it is safe to say no credit agreement was ever signed.

[Hurricane Puffrose]

Re: Help re Next

Robert, no one thinks your stupid hun.

sorry if anyone makes you feel we do, but we dont.. honestly.

M1 is trying to help you, hes thinking of every single avenue the "creditor" can take to make it seem you are lying.

Do you know if the call where they said there was no credit agreement was recorded? if so when was this call made (approx months.)

[RobertDuncan25]

Re: Help re Next

It was not a call it was an email I printed of a copy and kept it. This is what they say in it.

Dear Mr Duncan
Thank you for getting back to me with an address.
This helped me find the account, customer reference number Customer Number was inserted. It was open for a couple of years
between August 2005 and May 2007, until it transferred to a debt collection company.
We don't have the original signed credit agreement on file nor have we ever had one on file, so I'm sorry but
we're unable to send it to you. But I've attached a true copy which is a blank credit agreement with some
details filled in by us although it is not signed as we do not have nor have we ever had a signed credit
agreement on file with yourself.
I appreciate you giving me the opportunity to explain the situation. And if it would help, I can arrange to send
you copies of the statements for the account. Just let me know if they are required.

IKt was then signed head of customer relations.

[RobertDuncan25]

Re: Help re Next

Technically as the so calleddebt defaulted in may 2007 the debt would be statute barred but that dont stop them adding a new default if they wanted.

[Guest]

Re: Help re Next

Hi Robert

Are you from north of the border by any chance?

D

[mystery1]

Re: Help re Next

The point is, if this goes to court, you WILL need to state you never signed it AND the judge has to accept your evidence as credible.

If you go to court and your evidence is for example :-

I was with my wife on a wednesday, she's always off on a wednesday, and we went to the Next in the town at which point we were handed an application form for a card, we went home and i filled it in but there was nowhere to sign so i didn't. My wife posted it on the thursday morning on her way to work and we got a card through the post the next week.

Then it's hard for a judge to say you are wrong or at least dubious. However:-

I don't remember signing, i even asked them sometime last year and they told me i didn't.

This gives a judge scope to say on the balance of probabilities that you had an agreement (they introduced statements reconstructed terms and conditions etc in to evidence) and the judge might take their version over yours.



Pre April 2007, no signature is irredeemably unenforceable.

Without studying the agreement with a microscope, i'd say this would appear to be your best chance.

I would also read http://www.consumeractiongroup.co.uk...ead.php?200443 but bear in mind it's from 3 years ago so certain parts may have changed. Please also note the author of that doesn't post there any more but he does post here sometimes.

M1

[RobertDuncan25]

Re: Help re Next

Yeah Scot born and bread.

[mystery1]

Re: Help re Next

It was not a call it was an email I printed of a copy and kept it. This is what they say in it.

Dear Mr Duncan
Thank you for getting back to me with an address.
This helped me find the account, customer reference number Customer Number was inserted. It was open for a couple of years
between August 2005 and May 2007, until it transferred to a debt collection company.
We don't have the original signed credit agreement on file nor have we ever had one on file, so I'm sorry but
we're unable to send it to you. But I've attached a true copy which is a blank credit agreement with some
details filled in by us although it is not signed as we do not have nor have we ever had a signed credit
agreement on file with yourself.
I appreciate you giving me the opportunity to explain the situation. And if it would help, I can arrange to send
you copies of the statements for the account. Just let me know if they are required.

IKt was then signed head of customer relations.

In which case they cannot enforce, ever, as above.

If you are in Scotland and haven't acknowledged or paid in 5 years then it might have prescribed anyway.

M1