Customs charges - courier handling fee

RFW

I've been wondering about this for a while. Not after advice, just others opinion on a hypothetical argument.

If someone buys from a non EU country and there is duty to pay on it then we pay up or we don't get the item. The handling charge that is then demanded by the courier is, as far as I can tell, not a legally binding charge.

Obviously we pay up or we generally don't get the item. I'm not disputing that part of it, just that the courier's contract is with the sender and not the receiver. Therefore any extra, non duty charges should surely be paid as part of the sending fee and not the receiving fee.

As buyers we often don't have any say in the courier used and their fees.

If a buyer refused to pay how would they stand legally should the courier take them to court? I'm just referring to the courier charge and not the duty.

MSE seems to take on unfair charges, it seems to me that this is one of them.

Strapped

But in the contract with the seller, you agree to pay the handling charge. If the carrier is specified, I guess this is fair enough - because you can check how much it will be - but if not specified, then perhaps there is an argument for an unfair contract.

Also, the handling charge is for admin relating to paying the customs duty and import tax - these are payable by the receiver - so actually, the carrier is providing a service to the receiver and not the sender. I don't know whether there is an option of don't-pay-the-handling-charge-and-pay-your-own-customs-charges-directly but if there is, then I guess that answers any argument ie it's not compulsory. (And it's not compulsory, as you can always opt to not receive the item).

It's late and this may not make sense...

shaun_from_Africa

Strapped wrote: »

I don't know whether there is an option of don't-pay-the-handling-charge-and-pay-your-own-customs-charges-directly

There is.
Providing that the seller/sender agrees, all they have to do is to write "Goods to be customs cleared by importer" on the package.

Once the shipment arrives in the UK, HMCE will write to you, sending the paperwork required. Once this has been received back by HMCE, they will write again advising you of the import charges due.
When they have received this payment, they will release the goods back to the shipping agent who will continue with their delivery service.

RFW

Strapped wrote: »

But in the contract with the seller, you agree to pay the handling charge. If the carrier is specified, I guess this is fair enough - because you can check how much it will be - but if not specified, then perhaps there is an argument for an unfair contract.

I doubt most people know there is going to be a charge (whether they should do or not is another matter). There isn't always a sales agreement anyway. Recently my son received a present from the US, if there had been a charge from that, would he have been liable?

As for paying it at source, if the courier arrives and asks for the fee we would have to pay and get the sender to sort that out.

I'm not disputing that the couriers do work for the fee just at what point the fee should be charged. It seems as though the couriers can do/charge what they like.

I started thinking about this a bit more when I received an invoice 5 months after receiving a parcel. The duty was about £3 and the invoice ended up at £16. It struck me that if the courier is having a bad month they can check all their borderline tax parcels from the last 6 months, send out a load of bills and watch the money roll in. After all most companies receiving regular parcels from overseas won't query a bill for under £20 and as soon as they see 'duty' on it they think they must pay it straight away. After making a call I had the bill waived as they couldn't tell me the exact details.

nickcc

Had a similar experience with a eBay seller in the US. Bought, what I presumed, was a new camera, after paying duty and courier handling fees the camera worked out more expensive than buying in the UK plus the camera was refurbished. Totally my fault for not checking first, still you learn from your mistake

martindow

shaun_from_Africa wrote: »

There is.
Providing that the seller/sender agrees, all they have to do is to write "Goods to be customs cleared by importer" on the package.

Once the shipment arrives in the UK, HMCE will write to you, sending the paperwork required. Once this has been received back by HMCE, they will write again advising you of the import charges due.
When they have received this payment, they will release the goods back to the shipping agent who will continue with their delivery service.

Is there a risk of carriers adding storage fees if the customs clearance is not fairly quick? Some items I buy come by sea and there are expensive daily storage fees if customs charges are not settled within a few days.

RFW

martindow wrote: »

Is there a risk of carriers adding storage fees if the customs clearance is not fairly quick?

Storage could possibly be another issue, if the goods are technically the person's they are being sent to then they would be liable. Again couriers often hold buyers to ransom on these charges too.
As far as doing paperwork on the customs side, I think that should be part of the senders' costs, it is the sender who employs the courier and should be liable for any subsequent work that entails.

laptop123

shaun_from_Africa wrote: »

There is.
Providing that the seller/sender agrees, all they have to do is to write "Goods to be customs cleared by importer" on the package.

Once the shipment arrives in the UK, HMCE will write to you, sending the paperwork required. Once this has been received back by HMCE, they will write again advising you of the import charges due.
When they have received this payment, they will release the goods back to the shipping agent who will continue with their delivery service.

Hi,
I had an item delivered a few weeks ago which came from China I have now received a bill direct from FedEx for import tax £16 is this right or should I get billed from HMCE?? please advise if you know the answer thank you

martindow

laptop123 wrote: »

Hi,
I had an item delivered a few weeks ago which came from China I have now received a bill direct from FedEx for import tax £16 is this right or should I get billed from HMCE?? please advise if you know the answer thank you

Yes Fedex normally invoice after delivery. They pay the VAT and duty on your behalf and then add their clearance fee to the invoice. The advantage to you is that the delivery is faster compared to carriers who hold the parcel until you have paid.