DHL Issue

stateless

I ordered some health products from the states, and they whisked their way to me in prompt fashion. All was well in the world.

A few days later I travelled up north to a flat that I rent (I move between there and another property). When I returned home six weeks later, I noticed that I had a few letters from DHL and other companies that had been failed to be passed on to me.

It appears that DHL had send requests for duty and VAT charges totally around £80 for the health products. A further letter from 'Robinson and Shori' (the legal arm of dhl i believe) was also there informing me that I had to pay or that they would commence legal action.

I took the liberty of phoning DHL immediately, and they informed me that I owed them £80. I paid it there and then over the phone and wa told that the matter was resolved (that I could re-order etc).

However, days later I received a letter from 'CONTROL ACCOUNT PLC' who apparently (after i looked it up) won a control recovery contract with DHL earlier this year. They send a letter informing me that due to late payment I owe them £40 in charges, and that interest will build up everyday. I had assumed that by fact that DHL allowed me to pay the amount that I was told I owed them, and didn't mention that I owed anything else this matter would be over, but instead they appear to have 'sold on' this 'late payment fee' that I didn't even know existed and was not informed of.

It seems that as I delayed payment through not being aware of the situation that things have become quite complicated. I really don't mind paying that £40 if I'm actually required to, as I suppose that it's my fault, but I am surprised DHL allowed me to directly pay back the money I owed them if they are then going to pass on this process to a third party who then go on to demand further payments. It seems rather unusual to me. Should I pay?

CONTROL ACCOUNT PLC appear to acknowledge that I have paid the principal overdue amount to DHL and state that the charges are for late payment under the Late Payment of Commercial Debts Act. However, they go on to say that I shouldn't make payment to DHL, but should make it to Control Account instead which seems a bit fishy. Also, I find that this act only applies to businesses and not consumers:

Section 2.1:
Quote:
This Act applies to a contract for the supply of goods or services where the purchaser and the supplier are each acting in the course of a business, other than an excepted contract.
I am a consumer. I didn't sell these health products on. They were for my own useage. I'm not sure if the responsibility is on me to prove that though. Shouldn't have have looked into this before demanding money from a consumer?

If I ever actually owed this 'late payment charge', I'd have thougt DHL would've asked me for it when I paid the duty and VAT (admittedly quite late). However they didn't.. ever. This was either a mistake on their part, or this company are trying to make a quick buck on what is effectively a £0.00 debt. This is the first time I've ever even heard from Control Account PLC.

To be on the safe side, should I contact DHL about this matter? If I do, what are they likely to tell me? I think Control Account plc are trying to scare me into paying with this threat of additional interest accruing and legal proceedings.

Dayoshir

Quite simple this one. DHL havent sold on the late payment fee to the company, the company who are collecting on behalf of DHL have applied this to cover their fees.

So now as you paid the debt directly they are trying to get money out of you. They can apply interest as much as they like, the debt is unenforceable, and although is legal to an extent, they cannot apply to the court for a judgement on it.

So dont pay em, and just dont give em the time of day!

stateless

Thanks very much for the reply Dayoshir . It is strange to me though because I paid the money (duty and VAT) directly to DHL, and they accepted the payment. This fee seems unnecessary because Control Account PLC didn't ever collect a payment from me and the first time I heard from them was AFTER I had made the payment that DHL requested, directly to DHL.

It seems that DHL may have got this company involved at around the same time that I made the payment to DHL, which resulted in them demanding a fee for their work/involvement. As thee payments are for personal items that Debts Act they refer doesn't appear to apply to me anyway. In combination with your comments, I will probably leave this for now and hope that nothing comes of it.

I'd appreciate others letting me know if they think this is the right way to approach this?

Thanks,

stateless

anybody else?? I want to be certain that I'm doing the right thing.

DarkConvict

I would be tempted to send the prove it letter, as you had paid the charges before you had been made aware of Control Account PLC. Did in any of the letters you have from DHL state they were passing it onto another department/agency.

stateless

What exactly would I be asking them to prove? That I owe them this amount?

It seems that DHL are fine that the payment has been paid, but these guys seem to claim they are asking for the money back on DHL's behalf. I think Dayoshir is right, in that this is likely their fee for getting involved in the process, but by my reconning they only got involved in the process once they'd already acknowledged that then actual money being sought was paid back, and directly to DHL.

If I contact DHL about this to make sure that I don't owe them anything, would that be a useful move? It doesn't seem that I'm going to gain anything from trying to reason with Control Account PLC, and the Late Payment of Commercial Debts Act they try to use against me, doesn't even apply to consumers anyway.

DarkConvict

Here is the prove it letter, http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

They need to state why the money is being owed, and provide evidence.

I see no problem in contacting DHL to ask if anything is still outstanding with this, or if it has been completely resolved.

PNPSUKNET

Kick a fuss with dhl and threaten to use ups, will do the trick

stateless

I just called DHL (16:39 - 20 oct) after waiting about 30 minutes to get through , and they told me that this matter should not have been passed on to Control Account PLC on multiple accounts:

1) I paid DHL all outstanding monies due before this charge was passed on to control account plc. She stated that it was passed on after payment was already made and in error.

2) I am an individual and not a business. I sent off for full priced health products, and as such the act they state doesn't apply to me.

It's a bit shoddy of DHL, to pass this on after I had paid, but I did take longer than is perhaps reasonable to pay (since I was away from the property) so perhaps I am lucky. She stated that she called ControlAccount PLC (she put me on hold) and that I shouldn't be hearing more from them. If I do I'll let you know.

I'm glad I held out and didn't pay ControlAccount upon receiving their threatening letter.

ajmack40

hi ive also had a letter from control account asking for £9.32 outstanding from
dhl for duty and vat I have no idea where this has come from. Ive had no requests for payment from DHL is this a con