Can DHL pay UK duty on my behalf without my agreement?

visidigi

Maccygee said:

Thrugelmir said:

Maccygee said:

I didn't give my agreement to DHL to pay HMRC on my behalf. HMRC guidance is that the courier contacts the buyer and asks for the duty to be paid. If it isn't the goods are returned. Did I not have the right to refuse delivery? 

Unusual set of circumstances. Due to the cliff edge of Brexit. Smaller value transactions were released rather than held. In normal times the goods would be held until customs cleared. 

A battle you are not going to win. If the matter results in court action your bill is going to be even higher. 

Thank you. I am worried about the potential for increased costs but I'm also concerned that this practice isn't lawful. They've effectively created a credit agreement with me and added on their own fee so they're profiting from this process. 

The HMRC guidance  is that, not law, its an opinion. There is no profit int he processing of the clearance, DHL have to employee staff to prepare, present and process the data through HMRC, extract for inspection etc. Its very expensive to do, especially as a number of people fight the process hoping the courier will give up. They won't.

Now have you looked at the shipper terms and conditions you agreed to? Does it say you are liable for any clearance costs, duties and taxes that are accrued a part of them fulfilling the contract of getting your purchased goods to you?

Just so you know, refusal of goods is something the shipper could also charge you for, they are usually charged much higher by the carrier for returns than outbound and if the shipper terms say you are liable....

Ultimately check your sellers terms and conditions, they form the contract between you and the receipt of the goods, something they cannot achieve without using their own delivery staff or a contracted party. If in performing that there are additional charges they made you aware you are liable for then yes...you did in-directly, but are still liable to DHL.

user1977

Maccygee said:

Thrugelmir said:

Maccygee said:

I didn't give my agreement to DHL to pay HMRC on my behalf. HMRC guidance is that the courier contacts the buyer and asks for the duty to be paid. If it isn't the goods are returned. Did I not have the right to refuse delivery? 

Unusual set of circumstances. Due to the cliff edge of Brexit. Smaller value transactions were released rather than held. In normal times the goods would be held until customs cleared. 

A battle you are not going to win. If the matter results in court action your bill is going to be even higher. 

Thank you. I am worried about the potential for increased costs but I'm also concerned that this practice isn't lawful. They've effectively created a credit agreement with me and added on their own fee so they're profiting from this process. 

It's lawful and commonplace. You just didn't know about it until now.

Nearlyold

Link to guidance published by "Which" Online shopping: do I have to pay VAT, import and handling costs? - Which? 

I would have thought if it wasn't "lawful" as suggested that Which might have mentioned it in their guidance.

(NB Alcohol is not included in the the up to £135 limit where the overseas supplier remits the VAT to HMRC)

HeinzVarieties

Thrugelmir said:

Maccygee said:

I didn't give my agreement to DHL to pay HMRC on my behalf. HMRC guidance is that the courier contacts the buyer and asks for the duty to be paid. If it isn't the goods are returned. Did I not have the right to refuse delivery? 

Unusual set of circumstances. Due to the cliff edge of Brexit. Smaller value transactions were released rather than held. In normal times the goods would be held until customs cleared. 

A battle you are not going to win. If the matter results in court action your bill is going to be even higher. 

There's nothing to suggest that this was ordered around the time of Brexit. My read is that the OP bought this recently and just forgot that VAT (and potentially excise) would be levied on stuff from the EU.

Thrugelmir

HeinzVarieties said:

Thrugelmir said:

Maccygee said:

I didn't give my agreement to DHL to pay HMRC on my behalf. HMRC guidance is that the courier contacts the buyer and asks for the duty to be paid. If it isn't the goods are returned. Did I not have the right to refuse delivery? 

Unusual set of circumstances. Due to the cliff edge of Brexit. Smaller value transactions were released rather than held. In normal times the goods would be held until customs cleared. 

A battle you are not going to win. If the matter results in court action your bill is going to be even higher. 

There's nothing to suggest that this was ordered around the time of Brexit. My read is that the OP bought this recently and just forgot that VAT (and potentially excise) would be levied on stuff from the EU.

There's been a number of posts on this topic previously. I've imported for over 20 years and never had goods released prior to settlement of the charges due.  Import charges have been around a very long time. 

Maccygee

visidigi said:

Maccygee said:

Thrugelmir said:

Maccygee said:

I didn't give my agreement to DHL to pay HMRC on my behalf. HMRC guidance is that the courier contacts the buyer and asks for the duty to be paid. If it isn't the goods are returned. Did I not have the right to refuse delivery? 

Unusual set of circumstances. Due to the cliff edge of Brexit. Smaller value transactions were released rather than held. In normal times the goods would be held until customs cleared. 

A battle you are not going to win. If the matter results in court action your bill is going to be even higher. 

Thank you. I am worried about the potential for increased costs but I'm also concerned that this practice isn't lawful. They've effectively created a credit agreement with me and added on their own fee so they're profiting from this process. 

The HMRC guidance  is that, not law, its an opinion. There is no profit int he processing of the clearance, DHL have to employee staff to prepare, present and process the data through HMRC, extract for inspection etc. Its very expensive to do, especially as a number of people fight the process hoping the courier will give up. They won't.

Now have you looked at the shipper terms and conditions you agreed to? Does it say you are liable for any clearance costs, duties and taxes that are accrued a part of them fulfilling the contract of getting your purchased goods to you?

Just so you know, refusal of goods is something the shipper could also charge you for, they are usually charged much higher by the carrier for returns than outbound and if the shipper terms say you are liable....

Ultimately check your sellers terms and conditions, they form the contract between you and the receipt of the goods, something they cannot achieve without using their own delivery staff or a contracted party. If in performing that there are additional charges they made you aware you are liable for then yes...you did in-directly, but are still liable to DHL.

This is very helpful, thank you

TELLIT01

powerful_Rogue said:

Nothing to do with Brexit, excise goods imported via post have always been liable to duties.

https://www.legislation.gov.uk/ukpga/2000/26/section/105

If the item was imported from the EU it has everything to do with Brexit.  Prior to Brexit there wouldn't have been import duty etc.

visidigi

TELLIT01 said:

powerful_Rogue said:

Nothing to do with Brexit, excise goods imported via post have always been liable to duties.

https://www.legislation.gov.uk/ukpga/2000/26/section/105

If the item was imported from the EU it has everything to do with Brexit.  Prior to Brexit there wouldn't have been import duty etc.

Yes there would. Its alcohol the OP ordered

Andy_L

Postal Services Act 2000

"Duties (whether of customs or excise) charged on imported goods or other charges payable in respect of postal packets to which this section applies (whether payable to a postal operator or to a foreign administration) may be recovered by the postal operator concerned and in England and Wales and Northern Ireland may be so recovered as a civil debt due to him."

https://www.legislation.gov.uk/ukpga/2000/26/section/105

powerful_Rogue

TELLIT01 said:

powerful_Rogue said:

Nothing to do with Brexit, excise goods imported via post have always been liable to duties.

https://www.legislation.gov.uk/ukpga/2000/26/section/105

If the item was imported from the EU it has everything to do with Brexit.  Prior to Brexit there wouldn't have been import duty etc.

Not at all. Duties for importing excise goods from the EU have alway been around.