Fed Ex Charges for Recipient - what legal claim do they have?

natforsyth

My sister who lives in the Cayman Islands recently bought a birthday cake for me and my husband from Tortuga Rum Company online. Delivery was arranged by Tortuga Rum Company and so HMRC have charged FedEx to import the package as a gift is defined only if there is no company listed on the paperwork / delivery note. Apart from anything else, gifts not being valid if bought online, in this day and age is surely ridiculous???

Anyway, FedEx are now pursuing me to pay £16.66 for tax and duty which is more than the value of the cake which was sent in good faith as a gift. Value is not in dispute just gift status.

How did this become my responsibility to pay? And what legal right do they have to ask me to pay when I never entered into any agreement with either Tortuga Rum company or HMRC or Fed Ex?

How can the penalty be mine? And what are the consequences of me ignoring their invoice having tried to resolve with FedEx by email?

sjbrun

You are the importer and so it is your responsibility to sort out your import taxes.

If you are disputing the taxes you would need to contact HMRC. You generally have to pay it first and then dispute it and then get a refund.

bris

You become legally responsible as an importer. If you want to clear customs yourself then you need to inform the shipper. Ignorance of the law is no excuse so the "but I didn't know" is not an excuse you can use.


Who pays is now between you and your sister, fedex only collect what HMRC tell them to.

natforsyth

See that's what I don't understand - how am I the importer if I didn't arrange or authorise the purchase, shipping or delivery? It was a gift sent from a family member. How does the responsibility become mine?

If some unknown person decided to send me something I didn't want that would mean I still have to pay for it? That's madness.

Surely FedEx have to inform me at the point of delivering the good of the duty and tax they have paid and get me to sign to agree?

sjbrun

If you accepted the package from the delivery person then you did authourise the delivery because you accepted the delivery.

Most people don't accept unknown packages.

HMRC inform people there are duty and taxes to pay. You don't get told everytime at the shop that 20% of the price goes to the VAT man, so why would Fedex tell you what taxes you have to pay?

For next time just tell your sister not to send you anymore gifts.

powerful_Rogue

natforsyth wrote: »

See that's what I don't understand - how am I the importer if I didn't arrange or authorise the purchase, shipping or delivery? It was a gift sent from a family member. How does the responsibility become mine?

If some unknown person decided to send me something I didn't want that would mean I still have to pay for it? That's madness.

Surely FedEx have to inform me at the point of delivering the good of the duty and tax they have paid and get me to sign to agree?

What happened to the cake? Did you reject it?
If not, then you benefited from it so are liable for the fee.

cono1717

I would say this is a prime example of "You can't have your cake and eat it too"

You can't accept a import and not pay the import tax. You can reject the import and not pay the import tax.

bris

As the recipient you are the importer, your sister, the exporter has a chance to pay the charges before shipping so it gets to you customs cleared. She didn't do that and you didn't inform them that you would clear customs yourself so FedEx take all that hassle from you and send you the bill HMRC gave them.


This discussion is for your sister, if your going to blame anyone it's her. It's not FedEx's responsibility to inform you of the import laws, you got taken by surprise by this yes but it's your sister to blame.


You can still appeal the charge but it's to HMRC not FedEx.
https://www.gov.uk/goods-sent-from-abroad/overview
However note that receive as a gift is not a reason to not be liable for the charge.

natforsyth

I am aware of VAT - that is not a relevant comparison. When I buy something myself I choose to buy and I accept the price on the ticket.

Receiving a gift does not usually come with a price tag. Whether from abroad or not.

I have received gifts of this exact same item from my sister in the past where no charges were made. Why would I assume this time was different?

The point is - FedEx must have already paid the import charges so they should have informed me at the point of delivery. If I then sign for and accept delivery (which I didn't) then I have to live with the consequences. However, the driver just passed the box to me and left. Knowing the charges were going to be more than the cake was worth I am pretty sure I would have said no thanks. I'd rather make my own!

Whilst I appreciate you taking time to give me your opinions - I would still like to see something that explains my legal rights if anyone knows of such a link.

natforsyth

OK will see what HMRC say - thanks for the link

powerful_Rogue

natforsyth wrote: »

I am aware of VAT - that is not a relevant comparison. When I buy something myself I choose to buy and I accept the price on the ticket.

Receiving a gift does not usually come with a price tag. Whether from abroad or not.

I have received gifts of this exact same item from my sister in the past where no charges were made. Why would I assume this time was different?

The point is - FedEx must have already paid the import charges so they should have informed me at the point of delivery. If I then sign for and accept delivery (which I didn't) then I have to live with the consequences. However, the driver just passed the box to me and left. Knowing the charges were going to be more than the cake was worth I am pretty sure I would have said no thanks. I'd rather make my own!

Whilst I appreciate you taking time to give me your opinions - I would still like to see something that explains my legal rights if anyone knows of such a link.

Unfortunately this item is not classed as a gift as it was sent to you by a business.

To qualify as a gift:

• the gift must be sent from a private person outside the EU to a private person(s) in this country

Everything you need to know > https://www.gov.uk/government/publications/notice-143-a-guide-for-international-post-users/notice-143-a-guide-for-international-post-users#postal-packages-imported-arriving-from-countries-outside-the-eu