DHL - customs charge and debt collection agency?

Trevelyan

Bear with me while I explain a bit more story behind this package. My girlfriend's family wanted to send us some Christmas presents (which we didn't know were coming) from Uruguay to here in the UK.

The first problem we had was that it was held up at DHL's end and when we realised something was coming for us (via communication with my girlfriend's family) we contacted DHL. It took many calls to find out that it had been held up because more information was needed or something and then, when we got through to the person responsible for holding it up for 2 weeks, we just needed to answer some stupid question (I forgot what now). My girlfriend was asked if this (residential address) was her workplace, so she explained very clearly that it was a HOME ADDRESS because her FAMILY was sending GIFTS for CHRISTMAS.

Of course, it was after christmas that we got the gifts because of the delays, at which point we found our second problem. When the box arrived, it had been opened by customs and some of the stuff was subsequently damaged. Her family eventually managed to claim on the insurance they'd paid but it was really terrible that we had to go through all this just for a few gifts.

And now for the final problem. My girlfriend and I went off to China for a bit and when we came back, we were just a couple of days outside of the 7 day grace period given to us by DHL to pay import/duty/vat stuff. The total was £44 - which is worked out from the $250ish or so that her mother had declared the value of the goods to be (attached was the list of goods + value.. really great way to ruin christmas gifts even more!). Ignoring for a minute that her mother had put really high values for the gifts (probably not realising that overestimating and rounding up to a nice number would cause us problems), we had received 2 letters.

The first told us we had to pay the £44 and the second said our account (we don't have one?) has been suspended and, unless my girlfriend pays in 7 days (its been about 10 now), her debt would be passed on to a debt collection agency.

Now the act they quote (late payment of commercial goods act) doesnt apply to her from what I understand and I was inclined to just ignore it as it sounded quite a nasty letter and it seems to be one of those things DHL does. But to set her mind at ease, I gave them a quick call to see if we could get the fees dropped.

As usual, DHL were REALLY unhelpful. Moreso the second person we were passed to at the department that handles import duty or something. She basically said we have to get her mother to send us an invoice for the "correct" amounts of the goods and then we have to send it to DHL.

So I have some questions:

• - Firstly, is my girlfriend obliged to pay anything at all? Technically she could be under 18, have moved away or just have been visiting the UK. She didn't agree to anything, although apparently DHL say that when she gave her signature to the driver (when the parcel was delivered) that constitutes as her aggreeing to terms and conditions (which weren't given to her). Plus, we were charged after the parcel was delivered and not before (once I had a package which was supposed to be a free shirt, royal mail wanted me to pay £20 for it so I just didn't collect it).
  
• - Secondly, am I correct in thinking this act doesn't apply to my girlfriend, an individual and a recipient of gifts (rather than commercial products)?
  
• - Finally, what can happen regarding the debt collection thing? When I spoke to the person dealing with import duty etc, she told me we needed a new invoice from her mother and so I then explained my girlfriend was worried about debt collectors coming to take things off her and asked if anything will happen with that. The DHL woman said "not as far as im aware", which was just generally unhelpful.

Personally im inclined to ignore the whole lot, but I dont want this house to be blacklisted as a debt house and have debt collectors harrass my mother for the rest of her life! And, while I am prepared to pay charges that are legitimate, I think £44 for a few presents is excessive and even if we DO pay it, I don't like my girlfriend being bullied with threatening letters.

Thanks for any help or advice someone can give us!

FTW

I'd ignore - DHL have invoiced you, but from what you say, they're trying it on.

Fedex are similar in this respect - they pull this 'bill the customer 5 weeks after they get the item' trick. The driver who delivers the parcel doesn't know that the customer will be billed later on for the packages he delivers.

As far as I can see, there's nothing to discuss. The items were damaged, an insurance claim was filed, and therefore you owe DHL nothing. Any debt collectors that call can be safely told to **** off.

timbstoke

Not sure I'd ignore, but I'd certainly send them a letter - just one - saying something along the lines of:

- The recipient is not a commercial entity, therefore the Late Payment of Commercial Goods Act does not apply
- The items were damaged in transit, and therefore have no value to pay.
- Your girlfriend has never entered into any contract to make payment to DHL, and no monies will be forthcoming.

Basically, send them the prove it letter with a few tweaks.

RedTulip

I think there's something here that will *possibly* come under which Incoterms goods were shipped under. As far as I am aware Incoterms can be applied to commercial goods as well as gifts, which could mean the law they quote stands.

If goods were shipped on DDU (delivery duty unpaid) then you are liable for the import/duty/customs clearance charges.

DHL will be asking for the actual value of goods so the cost you are being asked to pay can be worked out from the cost to insure the goods.

I appreciate the way DHL have handled your case is not brilliant (I have NEVER dealt with DHL and been happy with them) but they just want the money that they are entitled to under the Incoterms goods were shipped on, they don't stop to think that people don't understand why they are being asked for payment and seemingly just presume all and sundry have degree level knowledge of shipping terms.

The only thing I would double check is the insurance you say your gf's parents took out as this may change all of the above.

Hope the above helps a little, although it may not be what you wanted to hear.

Please remember (as my signiture says) that I am no expert - the above is just something I have heard of happening.

FTW

timbstoke wrote: »

Not sure I'd ignore, but I'd certainly send them a letter - just one - saying something along the lines of:

- The recipient is not a commercial entity, therefore the Late Payment of Commercial Goods Act does not apply
- The items were damaged in transit, and therefore have no value to pay.
- Your girlfriend has never entered into any contract to make payment to DHL, and no monies will be forthcoming.

Basically, send them the prove it letter with a few tweaks.

That could be the best idea - but I still wouldn't entertain the idea of actually paying DHL money for a service they failed to come up to scratch on.