DHL package refused - Invoice from Control Account received

[Dounyas]

DHL attempted to deliver a package to me on 10 December 2013. I have refused this package because of late delivery. It will be of no longer use to me after 8 December (I have made it clear to the seller that I needed this item to arrive before 8 December however, he shipped it late). I knew the problem was from the seller and not DHL.

 

I have opened a dispute for this Transaction with my bank and it has been successful and my monies returned after Aliexpress were very slow in settling the case.

 

I have been sent a text message from DHL telling me the invoice amount i need to pay for VAT and Duty. I phoned them and told them I don't need the item and no point of paying.

 

After 2 months I receive an invoice from DHL (£10.93) to my home address asking that I pay the amount due. I ignored it because I didn't have the item and I didn't want to accept it.

 

Today I received a letter from control accounts with an extra charge of £10 asking me to pay the debt I have.

 

DHL informed me couple of months ago by email that the seller doesn't want the item back and that they can abandon the goods. They emailed me this infromation after I told them I didn't need the package and that they send it back to the sender. Ofcourse the sender wasn't interested of paying the return fees because he wanted me to accept the package and then return it at my cost. But I have refused.

 

I don't know what action to take now?

 

Should I pay the VAT & Duty invoice even though I don't need the package to be delivered to me? Will it ruin my credit file if I don't pay?

[citizenB]

If you have not accepted the delivery then I do not see how you can be held responsible for these charges. I think they have in their terms and conditions that they will either return the goods to the sender or they will dispose of the goods by selling.

 

I cant see they can ruin your credit files because of this. I will try and find someone who might be able to advise further.

[citizenB]

Hope this helps.

 

Shouldn't do as the delivery contract was with the seller not the recipient. They do not have the recipients permission to do anything.

[silverfox1961]

I think they would open themselves up for a case of defamation if they did this as they do not have your written permission to do anything to your credit file.

 

the Data protection Act is quite clear on this.

 

The delivery contract was with the seller, not you.

[Bandit127]

I don't know who is responsible for import and VAT for imported goods.

 

I suspect the importer is liable. Whether the goods are accepted or not.

[silverfox1961]

I don't know who is responsible for import and VAT for imported goods.

 

I suspect the importer is liable. Whether the goods are accepted or not.

 

Good point but I disagree.

 

If you were to bring items in through customs which incurred a customs charge then you would have the option of paying the charge OR having the items confiscated. This (IMO) is the same issue

[ScarletPimpernel]

DHL are trying it on. You are not their customer - the sender is.

 

I'd be inclined to send Control Account a letter denying any liability to their client, and suggesting that unless they can produce substantive evidence of a contract, you expect them not to trouble you with their tiresome begging letters.

[ericsbrother]

the importer is responsible for the VAT and duty but when a parcel is refused the carrier needs to show that it has been sent back to the sender

or the items destroyed to void the bill.

 

As you say, they dont want the cost of returning it and presumably cant be bothered to prove the item has been trashed to get the VAT back they have prepaid.

Well, that is their own fault and they cant expect you to pay up.

 

Now, what is correct and what they will do are 2 different things

as they are not in the business of selling secondhand parcels so will undoubtedly try and get you to pay up just to avoid them making a loss.

 

 

If the sender is a contract customer this shouldnt be a problem for them but they are expending the least amount of effort in an attempt

to salvage something and are hoping you dont know what the correct procedure is.

 

 

As siad, the contract is with the sender so chucking the parcel away and claiming re export would probably do the job as far as HMRC

are concerned but they will use obsinacy above common sense.

[Dounyas]

Thanks all for your replies.

 

I am planning to send Control Account this letter by email instead of normal mail (would it be OK?) I am currently living in Denmark and the letter received from them was sent to my parents address in the UK. My parents are keeping me up to date with any mail that arrives.

 

This letter template I found on another forum in another website.

 

 

 

Dear Sir/Madam

 

Ref: xxxxxxxxxxx

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

 

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

 

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

We look forward to your reply.

 

Yours faithfully

 

 

 

 

 

Mrs A N Other

 

 

 

 

 

Would this be the best way now to solve this issue?

[The GodMother]

I might be wrong but l believe the OFT no longer exists. That is a exact copy of a letter on this site

[citizenB]

I might be wrong but l believe the OFT no longer exists. That is a exact copy of a letter on this site

 

Correct, the OFT are no longer - the letter above is an old one. All the letters in the CAG library have been updated to remove any mention of the OFT.

 

IMHO, I would simply expand on the ScarletPimpernel's statement and advise the company asking for money that there is no liability owed to either them or their client. The contract is with the sender as they were advised if the package was not delivered by a certain date, then it would be refused.

 

You dont need to get into any other discussion with them.

[The GodMother]

Thanks CB.

That letter is very familiar even to the extent l have just been threw my hard drive and found it from about 6 yrs ago when l was using it as a base to dispute moneys owed.

[The GodMother]

Something l ment to add whenever l do letters like a feck off letter/prove it u egits letter l would always add the following:-

 

CC:-

My file

OFT file ( now would be the FCA file)

SRA File ( this would be the relivant file of the governing body)

OC file ( would name the OC if l new it)

OC goving body file if not already listed.

 

I would only print off 1 but photocopy it once for my file the rest would sit in a file on my comp. Sometimes this would be noticed by who ever was harrassing you so they new you would not play there games.