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This is a bit similar to another recent thread.

 

My sister sent me a 'surprise' gift box from Canada containing some small presents for family members. 3 sweatshirts, socks and cards. None of the items are for me and I didn't ask for them. She sent them because she knew I'd be in to receive them. The value is $54 Canadian dollars.

 

Now I have got a bill from FedEX saying I owe them £31.03 some 14 days later. The box was opened by US customs but not Canada or the UK. I can't work out the bill even with the exchange rate to what they get it to.

 

FedEx say they have paid the money, as printed on the invoice but I didn't ask them to do that and I have no contract with them at all. It's unsolicited goods as I didn't ask for it to be sent or agree to any contract of charges. Charges should always be made clear and even when you import at an airport you have a choice of leaving the goods or paying the duty.

 

It seems like blackmail to ask for money weeks later on goods received, probably used, and can't be returned. If I had have known I would have rejected the goods but nothing in or on the box said anything else had to be paid.

 

What do you think?

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Hi

 

Have a look at this Fedex Link and click on Duties and Taxes: http://www.fedex.com/gb/rates/ratesinfo.html


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Thanks but that still really doesn't make any sense. It doesn't seem as though they could enforce anything against the person receiving it unless they can prove that the person actually asked for it to be sent and have paid for it to be shipped.

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What is the value of the goods as stated on the FedEx invoice? If the value of the gift does not exceed £135 then you shouldn't have paid customs tax and FedEx shoudn't have charged you, in which case you don't have to pay the charges. The other possibility is that the US customs have thought that this was a sale masqueraded as a gift, in which case FedEx were correct in paying charges on your behalf.

 

Did you accept the box? If so, it's unusual that they want to recover the fee after delivery.


"Ask not what your country can do for you, ask what you can do for Poundland"

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The total value and the highest listed is £102. This includes charges and postage as the actual item costs only come to $54 Canadian dollars. I called FedEx and they were of no help at all. They just said, ' You received the package so you have to pay or else we will take you to court.' I told them they were welcome to collect but, 'it's not what they do'.

 

So they can can take me to court for something not asked for? The only solution they said was to pay them, send the item back at my own cost to the sender and then try to claim the money back from HMRC and the sender. So I have to pay £60 to return the item and over £30 to FedEx for something I didn't want in the hope of suing them or getting a return! Sue me ..bring it on..... It's not as though it's even correctly addressed!

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Hi

 

You really need to look at Fedex Condition of Carriage at this link: http://www.fedex.com/gb/services/terms/


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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It was defo. a gift and nothing in there for me except Christmas cards. Just 3 sweaters for our parents and socks. She sent it to me and told me later that she had as she wanted me to wrap the items for her and pass them on. It seems to have gone from Pearson airport to Indiannapolis, then to the UK.

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How do FedEx justify the £31.03? Under which charge is it? It doesn't make sense. Even if the US customs had considered this a non-gift, 20% of £102 would be £20.4. They must have made a mistake.

 

But as I said if it's a gift, there's no VAT. No VAT, no charges.


"Ask not what your country can do for you, ask what you can do for Poundland"

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4.7 REGARDLESS OF ANY PAYMENT INSTRUCTIONS OR PROVISIONS TO THE CONTRARY, THE SENDER SHALL ALWAYS REMAIN ULTIMATELY LIABLE FOR THE CHARGES INCLUDING ANY DUTIES AND TAXES, IF ANY.

 

Is that the part you mean? They seem to be trying to baffle with bull**** and nothing seems to be within regular consumer law.

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Hi

 

I think you need to questions this invoice as something tells me they may have added surcharges.

 

This is from the previous link on conditions of carriage:

 

Surcharges

 

FedEx reserves the right to assess fuel and other surcharges on Shipments without notice. The duration and amount will be determined at FedEx’s sole discretion. The Sender, by tendering his Shipment to FedEx, agrees to pay the surcharges in force at the later of the time of order or time of collection, such Charges to be determined by FedEx at its entire discretion. Details of current surcharges are available on www.fedex.com.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Ok..It says freight charges GBP 62.34..VAT adjustment GBP 6.37. Invoice total CAD 54.00.

 

Tax code info.

A B00 C S VAT D 20.53 E F Tax type B00 Total amount 20.53 MOP F

 

Total deferred revenues £20.53

Total Immediate revenue 0.00

Total revenue payable 20.53

 

Item value 54.00

weight 1.629.

 

Clearance administration charge Vatable at % percent £10.50

Disimbursements out of the scope of the EU VAT £20.53

Edited by Crapstone

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But still I didn't ask or agree to any of their terms and conditions! They are welcome to take the package back as it would not have been accepted had charges been made clear by the person/company that delivered it. As far as I'm concerned it's unsolicited mail and I'm not going to pay any money to FedEx in the faint hope of getting it back! That's beyond my remit! To quote their own saying. They also said that none of the money is due to them..Really?

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Hi

 

Just found this Fedex PDF on International Shipping interesting read:


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Thanks Stu for your help. It did say on the label bonifide gift.

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I can't see what the whinge is, just pass the bill to those who the gifts are for, easy.

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Conniff what whinge? How rude. If you received a bill for something then surely you would question it or do you have a habit of just paying random requests for money and falling out with your family? Grow some and act a little smarter.

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if it was marked as gifts and the sender put the costs as well

 

was there any receipts in with the gifts?


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No receipt but they all had the tags on for the value which was fully declared on the invoice. The only other things enclosed were cards and photographs.

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Stand your ground (silently). If they insist on pursuing this legally, you could call their bluff - if they say it's not a gift, you have the sender able to provide written confirmation that it was a gift and you should already have proof (either from them or from the CN22 on the box) as to the declared value and contents.

 

Chances are they'll silently drop it after a few sternly worded letters from Joe Bloggs, Head of Legal and Tea-Making, if the value to them isn't sufficient and their workload is too high from Christmas deliveries.

 

However be mindful that calculated Duty and VAT charges TAKE SHIPPING COSTS INTO ACCOUNT - so whilst 50 CAD is only ~32 CAD, with the postage costs included that will tip it over the 40 GBP threshold at which Import VAT is calculated and levied.

 

IMHO I'd just play dumb, not reply at all and see what happens but of course take my advice with a spoonful of sodium. If they were to consider pursuing an action in the county court it would likely cost them more to file than they'd recover in costs, but if they have a team dedicated to just handling small claims cases you never know. It won't cost you anything to be non-cooperative, though. ;)

 

The HMRC link posted earlier in the thread is essential reading in any case.

Edited by Synergist

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Thanks Synergist, I think I'll do that as the name on the parcel is not correct so they are going to have a difficult job trying to taken anyone in this house to court.

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Thanks Synergist, I think I'll do that as the name on the parcel is not correct so they are going to have a difficult job trying to taken anyone in this house to court.

 

And keep us apprised of any developments! ;)

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A few threat letters later and still nothing to show that they mean any action.

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The last letter received was from a solicitor stating how I'd suffer if I didn't pay and that they were starting court action. Well they have to win any court case first! How dare they presume they'd win! Lol. Nothing since then and all has gone silent.

 

Their solicitor is Coltman Warner Cranston.

 

'Court proceedings are now being commenced and this will seriously affect your ability to obtain further credit'.

 

What credit did I ever engage with them? Being taken to court is nothing, you have to win to get any result. 2 and 1/2 months later I'm still waiting for them to take me to court...:roll:

Edited by Crapstone

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Morning

 

They tried to have me over on this, i left my jacket in a Las Vegas hotel room, i got it picked up by Fed Ex. I received later on a "customs charge" from fed ex. That charge is on a used , not new jacket and the solicitors threatogram. I challenged the solicitor to take me to court for which they never had the curtsey to reply.I am still waiting after 6 months. I think it is a disgrace these bogus charges they try and apply after you have paid all carriage charges with threat of legal action

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?380629-Federal-Express-customs-charge

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