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FED EX threaten to not deliver my parcel.


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I sold an item to a customer in USA. The customer has returned it for refund. Fed Ex say they will not deliver it to me unless I can prove that I am not buying it. They will deliver it if I pay £150 duty.

 

I can prove that I sold the item and that the item is not subject to duty, but they will not deliver until I send them the paperwork.

 

Q. Can they withold the item?

Q. Even if duty was payable, can they still withold the item?

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Do the Terms and Conditions make any provision for holding the item?

Is there a guaranteed delivery timeframe for the service used? Unless they have guaranteed for the item to be delivered by a certain time then I would think they can hold it if they wish to do so.

 

In any event, if you can prove that you sold the item, why don't you do that? Problem solved!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Luckily, I can prove the item was sold by me. But this thread wants to answer the problem for whether Fed Ex, Royal mail etc can withold delivery against the threat of the addressee having to perform with either a payment of vat to the carrier, or to gather up evidence of ownership. I reckon the carrier has a duty to deliver the goods, that is what the sender paid them to do.

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Yes, they can. To ensure you are not charged for reimporting our own goods, you need to provide proof of export. The will accept the outbound reference as proof of exporting this will be accepted. The carrier is fully liable to HMRC to collect the full duty on goods delivered to the Uk, so until any duty is paid, the parcel awaits clearance or clarification.

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Yes, but I am also fully liable to pay vat to the vat man where it applies. So why couldnt I pay them in my own time (quarterly with my vat return) ? By not delivering my goods, and forcing me to jump through extra hoops, I am unfairly disadvantaged. In this case, the sender did confirm to Fed Ex that the goods were not being imported to me. Clearly Fed Ex did not believe him, so I have now sent the required paperwork. I have been waiting nearly two weeks for my item and maybe another week still to wait. I still dont know if they will deliver it or return it back to America.

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Their corporAte policy is clear - all goods requiring customs clearance are charged their fee for the service and documentation. They have been stung so often with propel saying they'll pay the tax assessed after delivery and don't. It remains the responsibility of the delivery hub to process and collect these fees, so as to clear it 'unbounded' status. The sending office has no practical input into this process.

 

As for paying via your VAT returns, duty is not collected by this process, the VAT elementbis. As not all recipients are VAT registered, this would add a complicated option that wouldn't solve an issue for nanyang. Finally, I've no idea why you'd be at risk for the item going back, as you only need to declare it is a returned item and provide the outbound shipment code for the parcel to be released.

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