Import duty for a parcel you didn't order.
Discussion
Before Christmas SWMBO ordered some stuff from an American company.
The parcel arrived and all was well, until the next day when another parcel arrived from the same company addressed to SWMBO.
The content of the parcel are nothing to do with us and the picking slip and invoice inside is addressed to someone in Glasgow.
SWMBO has been trying to sort this out with the suppliers for 2 weeks now as some poor sod in Glasgow is missing a parcel that they paid for.
Today 2 invoices arrive from Fed Ex for import duty.
One for the stuff that we did order and will pay and one for £17 For the unsolicited, incorrectly addressed parcel.
We have spoken to Fed Ex who seem adamant that since the parcel was addressed to and delivered to us, that we have to pay the bill for unsolicited delivery.
IMHO I have no contract or agreement with Fed Ex in regard to this parcel so won't pay for it.
Any thoughts ?
The parcel arrived and all was well, until the next day when another parcel arrived from the same company addressed to SWMBO.
The content of the parcel are nothing to do with us and the picking slip and invoice inside is addressed to someone in Glasgow.
SWMBO has been trying to sort this out with the suppliers for 2 weeks now as some poor sod in Glasgow is missing a parcel that they paid for.
Today 2 invoices arrive from Fed Ex for import duty.
One for the stuff that we did order and will pay and one for £17 For the unsolicited, incorrectly addressed parcel.
We have spoken to Fed Ex who seem adamant that since the parcel was addressed to and delivered to us, that we have to pay the bill for unsolicited delivery.
IMHO I have no contract or agreement with Fed Ex in regard to this parcel so won't pay for it.
Any thoughts ?
Not sure if this helps but we had a similar issue with Fed Ex.
One of our staff attended a conference in Canada where they won an "award". The award was a trophy which was mailed to them at their work address, accompanied by an invoice from Fed Ex for import duty. Fortunately our tax Advisors told us there was a clause which meant prizes were free of Import duty, we wrote back to FedEx and they issued a credit note for the invoice.
Your situation seems more clear cut. Write to tell them it's not yours and they can have it back.
One of our staff attended a conference in Canada where they won an "award". The award was a trophy which was mailed to them at their work address, accompanied by an invoice from Fed Ex for import duty. Fortunately our tax Advisors told us there was a clause which meant prizes were free of Import duty, we wrote back to FedEx and they issued a credit note for the invoice.
Your situation seems more clear cut. Write to tell them it's not yours and they can have it back.
A left field solution would be to contact the invoice address and explain that FedEx have messed up and you have their parcel. If the customs charge payment process is automated, give them the reference number to pay and upon receipt of proof you send them their parcel. Potentially a lot of hassle I admit, but if you're the helpful sort it could be an option if you continue to get nowhere with dealing with FedEx yourself.
Jazzy Jag said:
My play B is to pay the bill for import duty and when the sender wants to arrange collection, exercise my right of lein to the tune of £17.
Once paid, the goods are theirs to take.
Surely that's a lot more complicated than just telling FedEx to collect?Once paid, the goods are theirs to take.
Although admittedly if the buyer decides not to collect (or doesn't realise you've got it) you'll get to keep it for the princely sum of £17.
anonymous said:
[redacted]
Don’t know. IIRC the invoice from FedEx was £38. I doubt the trophy was worth more than a tenner (it was some small cut-glass thingy). Just to clarify my colleague didnt ship it to the UK, the Company he went to visit posted it to him.ETA : O/T Just remembered another example - I bought a suit from Raja fashions and it was posted to me from Hong Kong. On the packaging they had written “Sample” - I assume that’s sufficient to get around customs/VAT duties?
Edited by Countdown on Friday 28th December 19:42
On the OP's subject, FED-Ex have delivered the package to the address it was sent to, the fact it was shipped to the wrong address by the sender isn't their problem. Now it has entered the UK duties have been paid by FED-Ex and they will want reimbursing, the fault lies with the sender. FED-Ex will likely eventually pass it to a collection agency but you need to be persistent
Nickyboy said:
On the OP's subject, FED-Ex have delivered the package to the address it was sent to, the fact it was shipped to the wrong address by the sender isn't their problem. Now it has entered the UK duties have been paid by FED-Ex and they will want reimbursing, the fault lies with the sender. FED-Ex will likely eventually pass it to a collection agency but you need to be persistent
I have actually entered into no contract with Fed Ex in relation to this parcel.I don't see how I can be liable for anything in relation to it.
Fed-Ex need to turn their attention to the shipper. They are the ones who should be reimbursing Fed-Ex.
Just put it in writing to Fed-Ex that the consignment was sent to you in error, you did not order the goods and they should not have been delivered to your address. It would be inappropriate for you to pay duty on goods you did not order and do not own. Ask them and/or the shipper to collect the goods so they can be delivered to the correct address. Make clear you deny any liability for the duty.
Just put it in writing to Fed-Ex that the consignment was sent to you in error, you did not order the goods and they should not have been delivered to your address. It would be inappropriate for you to pay duty on goods you did not order and do not own. Ask them and/or the shipper to collect the goods so they can be delivered to the correct address. Make clear you deny any liability for the duty.
Similar thing happened to me. I could only reject & return the goods if they were faulty before they got into the UK. They were not, the addressee is liable for the duty to HMRC, it's a catch all. It's then down to the addressee to sort out refunds etc. In any event HMRC get their money first then you claim it back either off them or some other third party who is liable.
I received an Email from FedEx today explaining that I am responsible for the tax on my orders and stating their T&Cs.
I have written back explaining that I will pay the duty on the parcels that I acknowledge responsibility for, but will not pay for items for which I have no contractual obligation for.
The parcel amounts to unsolicited mail and any demands for payment will be considered as Demanding Monies with menace.
I have offered them the opportunity to collect the parcel, deliver it to the correct address and charge the correct person for the duty.
Luckily the correct address, in Glasgow was on the invoice inside the box.
lets see what happens....
I have written back explaining that I will pay the duty on the parcels that I acknowledge responsibility for, but will not pay for items for which I have no contractual obligation for.
The parcel amounts to unsolicited mail and any demands for payment will be considered as Demanding Monies with menace.
I have offered them the opportunity to collect the parcel, deliver it to the correct address and charge the correct person for the duty.
Luckily the correct address, in Glasgow was on the invoice inside the box.
lets see what happens....
Nickyboy said:
On the OP's subject, FED-Ex have delivered the package to the address it was sent to, the fact it was shipped to the wrong address by the sender isn't their problem. Now it has entered the UK duties have been paid by FED-Ex and they will want reimbursing, the fault lies with the sender. FED-Ex will likely eventually pass it to a collection agency but you need to be persistent
Be that as it may, why should it become the OP/SWMBO's problem?The delivery contract is between Fed-Ex and the seller, not the OP/SWMBO.
How can the latter be made responsible for the seller's mistake re an item which has nothing to with them?
If Fed-Ex incur additional costs as a result they can, if they wish, take it up with their client.
As for the invoice, Fed-Ex can simply be reimbursed by the party who was meant to receive the goods in the first place.
Cancelling and reissuing it is hardly rocket science.
Passing it to a collection agency will do nothing to resolve the problem.
The OP/SWMBO simply tell the DCA to go away and multiply (matter is in dispute: refer back to your client).
In the unlikely event of it going any further, judges tend to be bit narked about people bringing no-hope claims.
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