Fedex import charge

[Preyin Graham]

Hi,

 

 

I received an item from Canada on the 28th of April 2015, via FedEx

 

 

..I was pleased at the time as it had arrived quickly and

I assumed they hadn't charged me import and taxes, but

 

 

today (the 13th of may) i received a request to pay £75.

needless to say i felt deflated and very anxious.

 

 

I had a similar situation with DHL a few years back,

although that was a lesser amount and I won that..

 

I just can't afford this and the reason is that the money I had set aside for import charges,

I thought I didn't need as I received the parcel with no mention of charges.

..surely they would hold the item back until I paid the customs charges ordinarily.

 

 

Because I wasn't given the opportunity to refuse or appeal, not knowing it had attracted customs charges, surely I have no contract with them?

 

 

where would I stand please?

(I'd appreciate info that could help me contest the charges or any lawful impediment to my progressing it, I have a letter to send based on one drafted by CAG'ger legalpickle the last time)

 

here are photos of the relevant docs I received in pdf format (open link to save and view).

 

 

The parcel (received on the 28th of April):-

clear pocket on front of package

docs in clear pocket on front of package

and the follow-up sheets received today (13th May 2015)

followup request for payment

SDAA (supplementary declaration acceptance advice)

here's a link to the DHL case i won in 2008, slightly different but the principle was the same..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?169817-DHL-Express-import-charge-**WON**

 

thanks for any help you can offer.

PG

Edited May 13, 2015 by citizenB
broken image links - reduced size of files

[BazzaS]

So, you knew that the Courier might send you an invoice (since you had had that with DHL), and you had set the money aside, but then spent it.

 

I bet FedEx are wishing they had refused to deliver without you paying the customs fee in advance..

£75 fee? You must have known it was outside of the duty free allowance.

[Preyin Graham]

thanks Bazza, you think i'm expecting too much here, that i'm trying it on, that i'm being naive?

 

i see your point, and its probably true that there are many people that sound like this that are out to get something for nothing.

i didn't spend the money willy-nilly. i'd rather you were a bit more informative or supportive.

 

 

do you have a dog in this fight?

 

.I'm on ESA and this was part of an inheritance to buy myself something nice.

 

 

.in the thread on DHL it shows that with help from members on here, i won the case.

[citizenB]

It might be better if you convert your images to pdf format and repost them

 

I am surprised they delivered first - Royal Mail refuse to part with the item until you have paid the Duty, etc.

[Preyin Graham]

thanks citizen. are you having trouble with them.why pdf?

 

 

.the invoice is a scan so i don't think it'll be any clearer.

 

 

.do you mean convert to pdf and then post on photobucket or can i post the pdf direct to the forum?

 

re: royal mail i assumed thats how it was done now to avoid this kind of situation.

[citizenB]

By converting your images to pdf you would be able to post your images direct to CAG rather than using a host, PG.

 

I hate those annoying ads that seem to pop up when a 3rd party is being used

[Preyin Graham]

okay, i think i've done it..the pdf files came out at a pretty large file size though..i used attach and put hem inline..is this what you were suggesting?

[citizenB]

okay, i think i've done it..the pdf files came out at a pretty large file size though..i used attach and put hem inline..is this what you were suggesting?

 

Yes, that is fine. I have however reduced the file size for you to make it quicker to download.

[citizenB]

In your other thread, it was suggested that you might pay the legitimate fees, such as duty... but not any charges added by FedEx. Would you be able to do that ?

 

There is obviously a great difference between the last charges you were asked to pay and the £75.00 they want this time. How much of that is the charges by the courier ?

[Preyin Graham]

thanks for helping reduce the size of pdfs..

 

I paid the courier up front, is this what you mean?

if not, I'm a little lost at the moment with which proportion of the total is what. i purchased the goods for about £350.

 

hang on i'll upload another sheet i got today,

its pithily titled the supplementary declaration acceptance advice.

 

 

it says on there that the customs value is 248.17 whether thats GBP or CAD$ I'm not sure

 

 

. it says at the bottom that total revenue payable is £63.69.

 

 

is it still worth asking them to provide evidence that the import duties they are claiming i owe them,

 

 

were charged to fedex (europe) by HMRC?

what about something like this, what do you think?

 

My Name & Address: ----->

 

Federal Express (Europe) Inc

Sutherland House,

Matlock Road,

Foleshill,

Coventry,

CV1 4JQ

 

Ref: 5-485-16531

 

13th May 2015

 

Dear Sirs,

 

without prejudice, SAVE AS TO COSTS

 

 

I have recently received correspondence from yourselves, regarding a request to pay import duties and taxes on a consginment I received on the 28th of April.

 

This is for alleged import duties that Federal Express allegedly paid to HM Revenue & Customs. However, at no time whatsoever - specifically prior to or at the time of delivery of the item - was I advised of any duties that were allegedly paid by Federal Express (Europe) Inc. to HM Revenue & Customs.

 

Furthermore, I have at no time been provided with any evidence that these import duties were charged to Federal Express (Europe) Inc. by HM Revenue & Customs. Should such evidence exist, you are obliged to provide it to me within 14 days. Should I not receive any such evidence within 14 days, I will reasonably assume that no such evidence exists and consider this matter closed. It should be noted that evidence, is not an invoice from you to me, but an invoice of some form from HM Revenue & Customs and confirmation that the duties were actually paid.

 

In addition, due to the fact that neither prior to or at the time of the delivery, was I advised of such duties, and given the right to refuse the item on the basis that I would refuse to pay such duties, I contend that I am not liable for such duties. If such duties were actually demanded by HM Revenue & Customs, I, as the intended recipient should have been given the right to refuse the item or pay the duties. At no time was such right awarded to me. On this basis, I contend that I am not liable for any such duties, even if Federal Express (Europe) Inc. did pay them.

 

I should also note that at no time did I enter into a contract with Federal Express (Europe) Inc. The contract was entered into by the sender, not by myself, thus, obviously, I cannot be charged anything by Federal Express (Europe) Inc.

 

 

The above grounds prove that I am not liable for these duties, even if they were actually paid by Federal Express (Europe) Inc., therefore even if evidence can be supplied that such duties were actually paid by Federal Express (Europe) Inc. to HM Revenue & Customs, it is only correct that you should close the matter, even if for no other reason than as a gesture of goodwill due to your blatant incompetence.

 

Therefore should you refuse to cancel the monies you claim are due, please advise me of how to pay you directly.

 

Should you refuse to cancel the alleged debt, then this letter should be deemed a 'Final Letter Before Legal Action' and upon payment of this alleged debt, I will issue court proceedings against Federal Express (Europe) Inc. for the recovery of this unlawful payment plus interest at 8% per annum [pursuant to s69 of the County Courts Act 1984], court fees and costs [on the basis that your behaviour has been obviously unreasonable pursuant to CPR 27.14[g]].

Yours Sincerely,

Edited May 13, 2015 by Preyin Graham
to add text

[Preyin Graham]

okay, i've added the supplementary declaration acceptance advice (SDAA) to the top post and made the followup request for payment clearer.

[BazzaS]

thanks Bazza,

 

 

i'd rather you were a bit more informative or supportive.

 

 

Apologies, I hadn't realised you only wanted replies agreeing with you rather than a broad range of opinion and a realistic approach, as you hadn't said "agreement only, please".

 

So, to be more supportive while still being realistic: I wish you success.

[Preyin Graham]

whoa, hold on there! , how did we get from me asking for help to this tinge of sarcasm. how about we start again?

 

I'm keen to hear your views,

its just i don't find it easy to distance myself mentally from cases like this so am suffering somewhat,

 

 

its weighing on me, and i understand if that's hard to pick up in my posts.

 

 

. plus i went through this same pattern on my dhl thread if you look

 

 

.and in the end i pushed through to win...so it IS possible for it not to be a dead-end..

 

what would your realistic approach be please, maybe if you were in my position?.

 

 

..you could say don't bother, pay up..well thats one way and i understand if you have compassion fatigue from your years here,

 

 

but being as though you've been around here a while, i'd like to think you might add something more aswell.

[BazzaS]

whoa, hold on there! , how did we get from me asking for help to this tinge of sarcasm. how about we start again?

I'm keen to hear your views, its just i don't find it easy to distance myself mentally from cases like this so am suffering somewhat, its weighing on me, and i understand if that's hard to pick up in my posts.. plus i went through this same pattern on my dhl thread if you look.and in the end i pushed through to win...so it IS possible for it not to be a dead-end..

what would your realistic approach be please, maybe if you were in my position?...you could say don't bother, pay up..well thats one way and i understand if you have compassion fatigue from your years here, but being as though you've been around here a while, i'd like to think you might add something more aswell.

 

No sarcasm intended.

You asked for support or information.

That is the most supportive (or informative) I feel I can be, so I wished you (& still wish you) luck / success.

 

I also hope I've added to others ability to decide if they wish to contribute, if they had a view that might not agree with you, so you might not wish to see it, if you view it as not supportive / informative.

 

As for "compassion fatigue" : if I had that I'd cease to post, as it would be less effort. I call things as I see them, since that is the best way I can help people - even if sometimes people disagree or I say something they don't want to hear.

I also may not be right : but if wrong I'm wrong whilst meaning well.

 

You shouldn't confuse "not agreeing with your viewpoint" with "compassion fatigue" / "not wanting to contribute".

[Preyin Graham]

well okay, thankyou for your circumspection.

[BazzaS]

well okay, thankyou for your circumspection.

 

Not wanting to derail your thread or get in a spat, but what leads you to think I don't take risks (my "circumspection").

 

I'd like to think my views are supported by logic and / or supporting fact, but isn't offering a point of view that you aren't likely to want to hear inherently "risky"?

 

Unless, of course you mean it to describe me as prudently looking at all sides before commenting?

[Preyin Graham]

that last definition, prudence maybe a better way to describe it.. i apologise for perhaps jumping to conclusions in previous posts.

[Mike_hawk]

What are you disputing within its invoice?

 

£12.00 doesn't seem much for clearance and use of deferment

[Preyin Graham]

Hi Mike,

i'm disputing the principle that i took delivery from fedex,

thinking that i didn't have to pay anything ontop of postage costs

only to receive a request from them for payment of import costs 2 weeks later.

 

 

i assumed it had cleared customs but in the above i wasn't given a choice whether to refuse it or pay it.

 

which document are your referring to..

 

 

i would pay £12 to HMRC, is this what you mean?.

i'm not that versed in the import game.

 

my main line of enquiry was do i have a case?

 

can i for instance request that fedex supply evidence that they were indeed charged by HMRC or am i standing creditor for fedex?

 

is the deferrment fee the fee that fedex charges for holding the shipment?

 

EDIT:

please could you help clarify this for me,

so fedex paid HMRC all the charges associated with bringing the package from Canada into the UK

and now i owe fedex those charges?..

 

 

the advancement fee is the like credit interest payment at a money lender?

 

 

i'm paying them for having paid on my behalf,

 

 

is this right?

[Mike_hawk]

I was referring to the Fedex invoice [advancement fee], I assume that's how it refers to its import clearance charge........ the remainder of the invoice is made up of import duty and VAT which Fedex [amongst many carriers and Reds agents] guarantee good discharge to HMRC by way of its deferment account.

 

As far as the carrier is concerned you are an occasional importer agreeing to FCA terms of carriage [your commercial invoice]

 

Did you not expect to pay import duty and VAT ?

[Preyin Graham]

No, precisely because i heard nothing from them about this at the time of delivery,

it was my understanding that the way they do it now is to ask for any import duties/VAT ahead of time,

 

 

once they've received the consignment at this end

, and keep the package until such time as they are (or aren't) paid.

 

 

This approach saves a great deal of confusion and heartache imo because i would know where i stood.

 

so i haven't got any case for withholding payment of ANY costs?

[Mike_hawk]

Not that I can see from your posts, the invoice isn't particularly clear [figures column] but it does seem to reconcile with the commercial invoice values for attracting VAT and duty.

[Preyin Graham]

okay, thanks for your candour Mike. out of interest do you know how long i would have, to pay it..it doesn't seem to say anywhere on the letter?

[Mike_hawk]

Payable on demand I would think, although what's it going to do if it takes you a couple of months to get the money together?

 

Yes, it could send you the usual automated reminders at +14 and +28 days followed by outsourcing to a DCA. If you can put up with it stamping its feet and sending the occasional letter chasing payment for a while then I wouldn't be overly concerned with paying as and when you can. Obviously try not to take the p by delaying months and months into the future

[Preyin Graham]

thanks, curiously i actually feel a bit better now, i suppose knowing i have to act in one way or the other is better than the uncertainty. its nice to know that i can have some time. is it worth approaching them and saying i won't have the money until so-and-so a date and would it be okay to work something out?