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FedEx terms and conditions enforceable?

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I recently had a package mailed to me by a third party from overseas. They used my FeEx account number and billed all charges to me. They did not check with me I was happy with the price before sending it, and since the charges were extremely high, I would not have accepted them and asked the package not be mailed to me.

According to FedEx's T&Cs just giving my account number is sufficient for me to be charged - the money was directly taken from my credit card - however I feel that since I did not agree to the transaction I should not be liable to pay.

I'd like advice on whether if this matter went to court, would I win or lose the case? I can give more information if you require.

 

Many thanks.

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Hi & Welcome to CAG,

 

First of all call your Credit Card issuer and get these charges reversed, tell your card issuer that the money was taken without your knowledge or consent

 

Others who are familiar with Fedex will be along later to advise on the T&C's.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Thanks Stigman,

I did that back in September, but now I'm being threatened with Court action by Control Account for the fees.

From a read of the consumer rights act, I think I can argue that FedEx's T&Cs are unfair and so not be forced to pay, but I'm really not sure.

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did you receive the goods and did you order them in the first place from the sender? you mention third party, if this is the sender how did they get your account details if you didnt authorise?

It is currently with their in house credit control people and I cannot think of an instance where they have sued an individual. There is still plenty of room for argument over what constitutes permission and whether their terms are correct for someone who is not a business customer if this be the case so give us a bit more detail and I'm sure that someone will be able to tell you whether you chase the card issuer or Fedex for a refund.

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Thanks for replying to me.

Yes the details of the sender make the picture murky:

The package contained personal belongings that I left in a hotel while abroad outside of Europe. The Sender was a maid in the hotel. She had offered to check prices of sending the package and asked me for my name, address and FedEx number. I guess she assumed I didn't care about the cost, so sent the package without checking the quote was acceptable to me.

Due to the language barrier, the interpretation of our email chain is difficult - I never say "YES, send", but I also never say "DON'T send until you give me the quote" - I just (regrettably) assumed she would check with me first.

 

Just to clarify, I have received a refund from my CC, but am being pursued for the postage fees, so would like to know what my rights are.

 

Thanks again.

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Sorry, my answer was incomplete. I did receive the package and it was a personal, not business transaction.

You mentioned that FedEx have never sued an individual. Can you please elaborate on how you know this?

 

Thanks very much

.

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I used to run an import business and as such often had to speak to the people at the carrier companies about wrong import taxes etc. and on one occasion had a problem with mixed up accounts, the upshot of which was that they usually write off the amount for the first time for an individual when there are taxes or fees due. Now in your case I would be looking at settling their postage bill at the lowest rate they ship anything for your circumstances regardless of the service used. That way they get paid for their work and you get them off your back. As you have an account it is harder to argue innocence or ignorance but that does not mean that they are right to claim their t&c's are the be all and end all.

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Thanks for the advice. That sounds like a solution that I'd accept as I do feel I should pay something.

Now it's tricky as Control Account are managing the debt, not FedEx. I'd rather negotiate with FedEx on this, but is it too late and should I just deal with Control Account?

 

Thanks

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No, they are one and the same.

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