Border Force Stopped Package

Sezzle1974

Hi LadyDee
I think the lady dealing is just normal level. She accepts my ring is my old one now but the polishing is good etc so wants an invoice from my jeweller friend on how much this would cost for materials and labour even if didn’t charge me. She asked for this on Thursday 8th October and he sent the invoice same day. I emailed it too in case and asked to let me know whatever the charge is and I will pay ASAP as just want my ring. It’s now almost Tuesday 13th October and not heard again.
they have had my parcel since 8th September. I will wait till end of a week and then escalate as we’ve done everything she’s asked then she takes a week to come back with something else. She will have had it for almost 6 weeks by then. 

Sezzle1974

So you all know an outcome despite invoice of the polished etc work from our friend in Sri Lanka which they asked for. They said don’t believe me so seized my ring which will be destroyed or sold.
devastated. 

robatwork

I am sure in these cases you get the chance to appeal, go to court and present evidence before a judge. Did you not get this option?

Manxman_in_exile

Hold on a minute...

I'm certainly no expert, but isn't jewellery hallmarked and don't those hallmarks indicate both when and where it was manufactured?  If the ring was purchased 25 years ago and the hallmarks are consistent* with that (and don't for instance indicate it was made in Sri Lanka five years ago) I'd be arguing with HMRC that that is fairly persuasive evidence that what you are saying is true.

Have you (and the jeweller in Sri Lanka) not done statutory declarations and have HMRC not accepted them?

Whilst I'd have to say your story sounds a bit unlikely, it's not entirely implausible.

*I'm assuming it was manufactured and purchased in the UK?

Spank

I'm not sure all countries hallmark & after 25 years, if the ring was taken off a lot it could have worn away enough not be readable (although that in itself would tell customs that it's not a new ring) 

Manxman_in_exile

I'd also be finding out what you can do to appeal against this decision.  (I know nothing about HMRC and tax matters generally, but I'd be surprised if they could take a decision like this without giving you some sort of opportunity to challenge it formally).  If I were you I'd be re-reading very carefully what they have told you and note dates/procedures etc for appeal.  Did you and the jeweller do statutory declarations?  I would have though that if you had, HMRC would require some sort of evidence to support their view that you are lying, because otherwise, they are saying not only that you and the jeweller are not telling the truth, but that you both lied on oath (a criminal offence).

Do you or your husband have any contacts through work etc. with an accountant well versed in tax matters and HMRC?  (Depends how far you want to pursue this)

Sezzle1974

We have been told by email about the seizure but now awaiting the paperwork by post on next actions. Apparently we can ask for a restoration which is something like agreeing they were right to seize as we had the incorrect paperwork and ask for a review and agree to pay. What my friend initially did was he ticked gift thinking polishing it was a gift not knowing if the labour he did would be more expensive than £39 even if we were not charged he should have still stated the cost and declared this. Then when we were sent a declaration of imported parcel we just agreed gift and my ring was polished, in hindsight as we’ve never had anything sent like this we should’ve looked up that if work was worth over £39 we had to state differently and provide an invoice.
we did subsequently provide an invoice from our jeweller friend for the work with a price he would’ve charged normally and apologise etc and said please charge us whatever is needed. But they state cos we didn’t declare correct first and I do not have proof of ownership even though old photos show me wearing it may not be the same ring.
i see what a poster has said about stamp inside assume it did as was bought from a local independent jeweller maker here in the uk 25 yrs, I even asked his son who is now the jeweller maker since dad retired if they’d have invoices but they said not 25 yrs as they only keep their records till 7 yrs or when warranty up if longer. 

If appeal is not upheld as they only have to return ring if the border officers decision maker was not in the band of reasonable responses when coming to the seizure outcome, online advice say they rarely overrule them. The last option is court case where we have to pay their fees too if we don’t win and main issue is this proof of ownership. My ring was only about £1000 all those years ago it’s more the sentimental aspect. 

Manxman_in_exile

Are you saying the situation now is that it is no longer possible to pay whatever the correct import duty/VAT was, and that the ring is now forfeit?

Depending on how much this is worth to you (in money and/or sentimental terms) I would be considering speaking to a lawyer or accountant as to how best to approach HMRC and get the ring back.

You've got no evidence at all that you own the ring?  No insurance valuations?  How did you get it to your friend in Sri Lanka?  Have you evidence that you sent it to him?  You didn't take a photo of it before sending to him?  What would you have done if it got lost in transit?  Did you and your friend take no precautions against loss (which would provide proof of prior ownership)?

You could ask HMRC to check the hallmarks as either (1) they will establish it was made over 25 years ago, or (2) they'll have worn off establishing it was not new.

You haven't said, but you didn't do statutory declarations?

Sezzle1974

Currently no I’m not allowed to pay anything as been forefeited. Even though I asked numerous times prior to this decision. We did do declaration to say that it was a gift so free of duties etc as in the polishing was but that was wrong to do which I didn’t realise. So I said can I fill another one out but not allowed.
my friend visited the UK and I passed it to him personally and then he was going to bring back with him as he comes for holiday twice a year as has family here but Covid rules has prevented him visiting hence posting my ring back.
yes he had a photo he took of my ring on my hand from last August but that was not accepted as evidence of ownership.
never had the ring individually insured as not over the value needed to in my house contents insurance. I’ve got lots of jewellery over the 25 yrs with my husband never thought to keep receipts etc once warranty expired. 
i will ask about the stamp when I receive the appeal paperwork. Thanks for advice.

Were_Doomed

A 1ct (nevermind 2ct) diamond ring is not above your normal household contents insurance individual item value?