Help - FedEx threatening me over a disputed invoice

HeavyT

I purchased an item from an eBayer seller based in USA, who used FedEx to get it delivered to me here in the UK.

Before making the purchase, I contacted HMRC and they confirmed that the item in question qualified for full relief so no import duty or VAT needed to be paid. The sender’s paperwork mentioned the package is duty exempt and also listed the correct commodity code. I also emailed FedEx about this and asked them to ensure that the package is cleared correctly at customs.

However, about a week after the delivery, FedEx sent me an invoice asking me to pay duty tax! I challenged this and was told that the sender's description wasn't clear enough so I must still pay what they’re asking. I don't feel I can be held responsible for the way in which the sender completed the paperwork, although I do feel the fact that they marked the package as duty exempt is clear enough! For my part, I did contact FedEx directly before the delivery was made and gave them all the information they needed but that was just ignored. If I had known that they were going to invoice me later, I would have just refused to accept the delivery.

Anyway, I have not paid and FedEx are now threatening to pass my details on to a collection agency.

I'd be very grateful for any advice on how to handle this.

TrickyDicky101

How much money are we talking here?

dj1471

HeavyT wrote: »

I don't feel I can be held responsible for the way in which the sender completed the paperwork

Your feeling is incorrect, as the importer you are legally responsible for the declaration.

The best course of action is probably to pay the invoice under protest then find out why the duty was charged - if Fedex charged despite the declaration you need to complain to them, but if HMRC inspected the item and decided duty was due you need to take it up with them.

soolin

HeavyT wrote: »

I purchased an item from an eBayer seller based in USA, who used FedEx to get it delivered to me here in the UK.

Before making the purchase, I contacted HMRC and they confirmed that the item in question qualified for full relief so no import duty or VAT needed to be paid. The sender’s paperwork mentioned the package is duty exempt and also listed the correct commodity code. I also emailed FedEx about this and asked them to ensure that the package is cleared correctly at customs.

However, about a week after the delivery, FedEx sent me an invoice asking me to pay duty tax! I challenged this and was told that the sender's description wasn't clear enough so I must still pay what they’re asking. I don't feel I can be held responsible for the way in which the sender completed the paperwork, although I do feel the fact that they marked the package as duty exempt is clear enough! For my part, I did contact FedEx directly before the delivery was made and gave them all the information they needed but that was just ignored. If I had known that they were going to invoice me later, I would have just refused to accept the delivery.

Anyway, I have not paid and FedEx are now threatening to pass my details on to a collection agency.

I'd be very grateful for any advice on how to handle this.

Duty and relevant taxes are paid on the declaration made by the seller OR in extreme cases the goods if HMRC believe a false declaration has been made and packaging inspected.

If HMRC have charged incorrectly then your argument is either with HMRC or more likely with the sender who declared incorrectly. My non legal opinion is that FedEx are innocent in this as they can only act on what sender and HMRC say, and so FedEx should be paid and perhaps a claim made against HMRC or sender (whoever has made the error)

HeavyT

One of my key points is that the sender did mark the package as “duty exempt” and included the correct commodity code on the paperwork. Despite this, FedEx did not clear the item correctly at customs. I also contacted FedEx before the delivery to make clear it was duty exempt.

So basically FedEx imported the parcel and erroneously paid duty to HMRC. Shouldn’t they be claiming a refund directly from HMRC instead of asking me to cover what they paid? I have no contract with them and any mistakes that were made are not down to me.

bris

There is no key points, who ever made the mistake it was not Fed ex, they have been charged and passed it on to you. You need to pay the bill then appeal to HMRC who will refund you if found in your favour.


There really is no point having your credit file trashed for a few pounds.

HeavyT

bris wrote: »

who ever made the mistake it was not Fed ex

Maybe I'm biased, but if the sender and I both told FedEx there is no duty payable and they still cleared it incorrectly at customs, this can only be FedEx's mistake. It was FedEx who dealt directly with HMRC and they gave them the wrong information which led to duty being imposed.


I hear what you say about possible implications for my credit file but I feel sometimes it's important to make a stand for what's right. I am just a small guy being bullied by a huge international company who are used to getting their own way. I can imagine countless people just pay whatever's demanded of them without giving it a second thought and that seems to be what they're expecting from me.

Gavin83

I noticed you ignored the first poster on this topic but I'll ask as well. How much money we talking here?

JJ_Egan

Above may be true but what are you going to do if the debt is passed on and your credit record trashed .

pappa_golf

JJ_Egan wrote: »

Above may be true but what are you going to do if the debt is passed on and your credit record trashed .

alleged debt , and passed on to who?


the OP has not got a contract with fedex

wealdroam

HeavyT wrote: »

Maybe I'm biased, but if the sender and I both told FedEx there is no duty payable and they still cleared it incorrectly at customs, this can only be FedEx's mistake. It was FedEx who dealt directly with HMRC and they gave them the wrong information which led to duty being imposed.

Are you sure that's how things work?

My understanding is that FedEx's responsibility is to pass the package to HMRC. HMRC then determine what duty and tax is payable and advise FedEx of their decision. FedEx then pass on HMRC's demand plus their handling charge.

From that, I'm pretty certain that FedEx are not the only people who could've made a mistake.

My suggestion is that you seek a refund from HMRC. There's a form on their website for that.