VAT charge on refused delivery via UPS

RobVT

Recently I bought a pair of trainers from a Spanish retailer forgetting about the extra charges now due after brexit. When the delivery was attempted I explained to the courier I didn't want to accept the goods and to return them, so far no problem. I then contacted UPS customer support to ensure the item was to be returned to sender and about a week later I received a refund in full from the retailer. 

However this week I received an invoice from UPS still asking for payment for the VAT paid by them when importing the goods even though I had no choice in that decision.

I've tried searching online for answers to little avail, from what I can gather is that I have to pay the VAT and then try to reclaim it back from HMRC via form C285, however the government website on this process seems designed for businesses and is not very consumer friendly.

If anyone has also been in this position any advice on the next steps I should take is greatly appreciated.

user1977

I don't know the specifics of how to complete that form, but generally that's my understanding i.e. the courier has already paid HMRC, so you need to reimburse them, and then you claim any rebate from HMRC.

Jenni_D

Why can't UPS reclaim from HMRC? They paid it after all, so why can't they reclaim it?

user1977

Jenni_D said:

Why can't UPS reclaim from HMRC? They paid it after all, so why can't they reclaim it?

They probably can, but it's not a service they need to provide.

Jenni_D

True - they also didn't need to provide the service to pay it in the first place, they chose to.

user1977

Jenni_D said:

True - they also didn't need to provide the service to pay it in the first place, they chose to.

Yes, but I doubt a courier would be in business long if they didn't offer the service and just said "your parcel's in a customs shed, you'll need to sort it out yourself".

Jenni_D

RM/Parcelforce take an alternative position - they hold the goods until the recipient (or sender as necessary) pay the charges. They're still in business ............

prowla

Jenni_D said:

Why can't UPS reclaim from HMRC? They paid it after all, so why can't they reclaim it?

I expect it's in their agreement and T&Cs.

Jenni_D

prowla said:

Jenni_D said:

Why can't UPS reclaim from HMRC? They paid it after all, so why can't they reclaim it?

I expect it's in their agreement and T&Cs.

Unless the recipient engaged UPS then they're not party to the T&Cs.
If the seller's T&Cs cover this then fair enough.  

user1977

Jenni_D said:

RM/Parcelforce take an alternative position - they hold the goods until the recipient (or sender as necessary) pay the charges. They're still in business ............

Yes, but (as far as I know) they have also already paid HMRC by that point, they just take a different view on what leverage they have to get the money back from the recipient.

visidigi

Jenni_D said:

prowla said:

Jenni_D said:

Why can't UPS reclaim from HMRC? They paid it after all, so why can't they reclaim it?

I expect it's in their agreement and T&Cs.

Unless the recipient engaged UPS then they're not party to the T&Cs.
If the seller's T&Cs cover this then fair enough.  

They are party to the T&C's of the retailer they purchase from who makes them liable for any additional charges as a result of border clearance.

The idea that the couriers do what they do without request or instruction is just weird...