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ACTUAL (3000%+) exorbitant customs/vat charges after the fact, inflated declared value

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Comments

  • The only consumer rights issue here is potentially that between the family member and the shipping clerk. As that was a US transaction then we can't help - this is a UK forum.
  • Jack_Cork
    Jack_Cork Posts: 231 Forumite
    100 Posts First Anniversary Name Dropper
    You cant put a price on childhood memories, worth every penny 
  • The only consumer rights issue here is potentially that between the family member and the shipping clerk. 
    As the OP is officially classed as the importer of the package, surely they are classed as a consumer as UPS are acting on their behalf when paying any import duties.
  • It's still not a consumer rights issue ... it's a revenue & customs issue, the problem arising from the export declaration.
  • It's still not a consumer rights issue ... it's a revenue & customs issue, the problem arising from the export declaration.
    Why not?
    The OP is a consumer and they have an issue in that they are expected to pay import duty for goods that have been valued far in excess of their true worth so therefore it's a consumer rights issue.
    Yes, the customs form may have been incorrectly filled out but this doesn't detract from the fact that it has caused an issue for the importer and that the importer is acting as a consumer.
  • stragglebod
    stragglebod Posts: 1,324 Forumite
    1,000 Posts Second Anniversary Name Dropper
    The OP has no contract with UPS. They are not a customer and not a consumer.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's still not a consumer rights issue ... it's a revenue & customs issue, the problem arising from the export declaration.
    The OP is a consumer and they have an issue in that they are expected to pay import duty for goods that have been valued far in excess of their true worth so therefore it's a consumer rights issue.
    Yes, the customs form may have been incorrectly filled out but this doesn't detract from the fact that it has caused an issue for the importer and that the importer is acting as a consumer.
    Only if you think you are a "consumer" in your dealings with HMRC. It's a customs duties issue. There's a complication in that the courier has paid it on the OP's behalf and is expecting reimbursement, but ultimately the amount due is a product of (a) the relative's declaration of value and (b) the custom duties levied by HMRC. If the value declared was bonkers then I expect there is a way of arguing that with HMRC.
  • davidmcn said:
    Only if you think you are a "consumer" in your dealings with HMRC. It's a customs duties issue. 
    The OP would be a consumer in their dealings with UPS.
    The reason why I think it could class as a consumer rights issue is that UPS were performing a service for the OP (customs clearing and advance payment of any duty and VAT) and they were charging a fee for this service.
    If the OP refused to pay the charges that are now being requested, UPS would have to take legal action against them and I would have thought that the only way they could win would be to show that the OP agreed to pay these charges and failed to do so.
    If the OP signed for the package and there was something written on the sheet (or PDA) to say that they agreed then this would be fair enough but if not, how could they show any breach of contract if they didn't have a contract in place?

    As the UK government themselves state that importers will be asked to pay any VAT and duty before the goods are handed over:

    Tax and duty

    You’ll be contacted by Royal Mail, Parcelforce or the courier company explaining how to pay any VAT, duty and fees for dealing with customs.

    They’ll normally hold your parcel for about 3 weeks. If you haven’t paid the fee by then, it’ll be sent back.

     https://www.gov.uk/goods-sent-from-abroad/tax-and-duty
    and as this didn't happen, I would say that the outcome of any legal action is far from certain.

  • Grumpy_chap
    Grumpy_chap Posts: 21,350 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    davidmcn said:
    Only if you think you are a "consumer" in your dealings with HMRC. 
    HMRC have taken to referring to us as "customers"...
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