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    • Who is the retailer?   What was the item? Where was it sent from and where was it sent to? How did you pay?
    • I purchased an item costing approximately £3000 from an online retailer. The item was sent via Royal Mail Special Delivery. The item never arrived. Tracking shows as delivered with a signiture and printed name which is not mine. I informed the retailer and they in turn informed Royal Mail who started an investigation. After the investaigation Royal Mail said the item was delivered to a house number opposite me and that I should check with them. I checked and nothing had been received by that neighbour. After this the reailer initiated a claim with Royal Mail. It has been 5 days since then and I have not heard back from the retailer. My question is: Legally, do I really need to wait for the Royal Mail claim? As far as I see it I have a contract with the retialer. I have paid them money and they have agreed to provide me with goods. I have paid my money but not recieved the goods. The Royal Mail aspect is nothing to do with me and not my problem. Am I correct in this thinking?   If so, what should I do?
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Has anyone here had success claiming back...


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Or avoiding £8 handling charge from rm?

 

My mum and dad gave me some money for my birthday and I went about buying a new phone through mums card. Decided on a Redmi from banggood and all was well. My friends mum told me that I should ask for the parcel to be sent via swiss post which I did.

 

So I come home from school today and my mum has a right face on her like dragging on the floor kind of thing and whats happened is shes had a notice through the door asking for and extra 11.42 for charges :!: £8 for rm and 3.42 for tax?

 

dad said i cant do nowt about the tax but maybe with rm charge and sent me here to ask. Shes threatening to refuse to pay and send it back which is bonkers. The declared value was $21.94.

 

can anybody advise please.

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You need to look at the declared value and the shipping costs. The total is what the VAT and other duties are calculated on.

 

I'm afraid you will not be able to reclaim the £8 handling fee or get out of paying it if you want the goods. If the item is returned to the sender, you may get a refund minus the postage and packaging fee.

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Thankyou for that. Post was free on the package and value was $21.94.

 

Found this earlier. Does anyone think there is any truth "The actual law is The Postal Act of 2000 sections 83, 84 and 104 - "it is 'illegal' for a courier to hold a parcel in lien of payment"? there is also some talk of contracts, service on behalf of a customer when it wasnt requested and some other stuff I dont understand.

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items over £15 are subject to tax and handling charges if incoming from abroad if I remember correctly the fact still stands as I paid for stuff from USA etc to carrier in the past usually invoice by carrier

 

Tax and customs for goods sent from abroad - GOV.UK

https://www.gov.uk/goods-sent-from-abroad

:mad2::-x:jaw::sad:
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you have to pay VAT at 20 per cent of the purchase price? And Parcelforce will want around £14 for taking the VAT off you on behalf of HMRC before letting you collect it from a depot. pr the delivery company for items from switzerland

 

bee honest they would ot be invoicing you if not!

:mad2::-x:jaw::sad:
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Hello does that charge stand for items for eu, Switzerland?

 

If the item had been purchased within a member state of the European Union, VAT would have been charged at source and so exempt from any further duties when shipped to the UK.

 

Unfortunately for you, Switzerland is not a member of the EU, so anything imported from there is liable to VAT being charged by HMRC. You can check the VAT & duty rates here: http://trade.ec.europa.eu/tradehelp/myexport#?product=8517120000&partner=CH&reporter=GB

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Unfortunately for you, Switzerland is not a member of the EU

 

that will teach me to listen to other people. So my friends mum was wrong :x my local phone repair shop said always have 'goodies' delivered by postnl because tax wont usually be added?

 

Will show mum this when shes up to show her that it wasnt actually my mistake hopefully she wont send it back!

 

Thankyou

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that will teach me to listen to other people. So my friends mum was wrong :x my local phone repair shop said always have 'goodies' delivered by postnl because tax wont usually be added?

 

I've purchased "stuff" from overseas, and sometimes it arrives without any surprises, other times I get clobbered for VAT & import duties. Purchases from China often get through because the value is under-declared by the sender.

 

It is a bit of a lottery I'm afraid. If you buy anything from outside the EU, then factor in the possibility of having to pay duty & VAT on the total price (including P&P) before deciding if it is a bargain. Note: Iceland, Norway, and Iceland are not part of the EU.

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