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    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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RogerV

Item bought from USA - Fedex now asking for payment without prior warning

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Hi,

 

I bought an item from a company in the USA. It arrived safely by Fedex.

 

A while later, I received an invoice from Fedex asking for payment of VAT and a handling charge, £26.29 in total.

 

The following is the relevant paragraph from my second and last email to them. I have now received a demand for payment from Control Account PLC.

 

"If Fedex had made it known to me before I agreed to purchase I would have been able to make a choice. As it is Fedex is trying to make a retrospective charge against me. According to my understanding English law does not allow retrospective charges to be imposed."

 

Is my understanding correct or do Fedex have a legitimate claim against me?

Thanks in advance.

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I can't imagine that you are obliged to pay this.

 

If I were you, – and merely out of curiosity – I would like to FedEx and asked them on what basis they believe that you owe them the money


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I've now sent Fedex a further email noting that I've not received an explanation and asking for one.

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anything over £15.00, then there is tax/handling charge I was informed a few weeks ago????


:mad2::-x:jaw::sad:

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Short answer: Yes.

 

Purchases from overseas (outside of the E.U.) incur import duties and VAT on the cost of the goods inclusive of shipping charges. For small quantities of items, the carrier will present the package to HM Customs and Excise who will determine the level of duties and VAT. The carrier will then pay this on your behalf and then add a handling fee on top unless you have already made alternative arrangements.

 

If you have made this purchase through Ebay or similar online trading site, it will state that the Buyer is responsible for import duties and fees.


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the goods are for your private use or for re-sale

2.3 What are the limits for customs duty and import VAT?

 

commercial consignments ie goods you have purchased, of £15 or less are free from Customs Duty and import VAT.

Note:

This does not include alcohol, tobacco products, perfume or toilet waters;

these items are excluded from the relief of duty and VAT at import.

 

 

In addition, commercial consignments sent to the UK from the Channel Islands

do not benefit from any relief of import VAT

 

if you are sent a gift with a value of £34 or less,

which complies with the rules shown in paragraph 2.4,

it will be free from Customs Duty and import VAT.

 

 

Gifts of alcohol, tobacco, perfumes and toilet waters are subject to the limits shown in paragraph 2.5,

while gifts of perfumes and toilet waters are subject to the limits in paragraph 2.6

 

Customs Duty becomes payable if the value of the goods is over £135

but duty is waived if the amount of duty calculated is less than £7.

 

 

In summary:

Goods Value* Customs Charges applicable

£0.01 to £15 - No customs duty

- No Import VAT**

£15.01 to £135 - No customs duty

- Import VAT due

£135.01 and greater - Customs duty due, but waived if the amount calculated due is less than £7

- Import VAT due

*Excludes the following goods: alcohol; tobacco products; perfumes and toilet waters. These items do not benefit from the relief of customs duty or VAT at import, and alcohol and tobacco products will also be liable to Excise Duty. **Commercial consignments sent to the UK from the Channel Islands do not benefit from relief of import VAT.

 

There are a number of other circumstances where relief from some or all customs charges may be available. If you think your goods may be eligible for a relief you can contact the HM Revenue and Customs (HMRC) Customs, International Trade and Excise enquiries service on Telephone: 0300 200 3700 for further information.

 

Further ways to contact HMRC for general advice and information on imports can be found on the GOV.UK website.

 

2.4 Gifts


:mad2::-x:jaw::sad:

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Thanks for the replies. Invoice paid through gritted teeth.

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Short answer: Yes.

 

Purchases from overseas (outside of the E.U.) incur import duties and VAT on the cost of the goods inclusive of shipping charges. For small quantities of items, the carrier will present the package to HM Customs and Excise who will determine the level of duties and VAT. The carrier will then pay this on your behalf and then add a handling fee on top unless you have already made alternative arrangements.

 

If you have made this purchase through Ebay or similar online trading site, it will state that the Buyer is responsible for import duties and fees.

 

 

really! And under what agreed contract between the courier and buyer is that?

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The VAT would be due one way or the other. You can possibly argue against the handling fee, I was able to get it waived by Fedex so that I only had to pay the VAT, but reading between the lines of their response I got the impression it was a one time deal and that since I was now aware of the handling fees they would be due next time.

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The VAT would be due one way or the other. You can possibly argue against the handling fee, I was able to get it waived by Fedex so that I only had to pay the VAT, but reading between the lines of their response I got the impression it was a one time deal and that since I was now aware of the handling fees they would be due next time.

 

Cusoms charges are payable but handling fee is unenforceable. TB

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