FedEx disbursement fee

powerful_Rogue

RefluentBeans said:

screech_78 said:

powerbarge said:

Found this thread as I imported some stuff from the USA and got hit with this fee on top of my expected import tax/duty. I didn't specifically ask the seller to use FedEx, so I had no control over agreeing to it.

I managed to successfully get them to waive it (and just charge me the VAT/duty as expected) with the following email:

Dear Sir or Madam

I have received an invoice for import duties/taxes on my international package, which I was expecting, but I did not expect "disbursement fees" to be added to the total.

When purchasing the item it was not stated to me which courier service the seller would use, so it was not possible that I could have been made aware of these charges before agreeing to proceed

After seeking legal advice I have been given the following counsel . Under the Unsolicited Goods and Services Act 1971 (updated in 2000), it is a criminal offence for a company to bill for unordered services in the hope that the recipient will pay due to ignorance. Also, the Consumer Contracts Regulations 2013 (regulations 39 and 40) outline that a company must obtain consent / express agreement from the consumer prior to levying and / or billing for any charges. At no point prior to receiving the invoice did I receive any communication of this advancement fee from any party. I therefore did not agree to, nor do I accept, these charges.

To resolve this matter, please remove the sum of £XXX. for the disbursement fee from the invoice. I am happy to make payment for the VAT /Import charges of £XXX to close the matter at your earliest convenience.

Yours sincerely
Mr Customer

On of the worst emails I’ve seen. It’s nothing to do with unsolicited goods. 

But it was legal advice! 

Poor customer service agent just was sick of having to work in a hot office, and just wanted an easy life. 

As long as the OP didn't pay for that legal advice! If nothing else, it shall give FedEx a chuckle.

@powerbarge - For unsolicited goods think about the 'charity'. christmas cards that used to be sent out in the post and then asking for payment.

powerbarge

Fair enough, maybe I got lucky. It did work though and I got some of the wording from another similar thread with similar wording and success.

Feel free to suggest a more correct version!

louix858

I have also been able to have these fees removed, ultimately it is a hidden fee and or unsolicited service that they are charging well over a reasonable amount for what is an automated clearing process.

it is well within their capability to charge for the fee and the duty/vat at the point of shipping. they simply don't because they want their own shipping fees to look more competitive and then surprise charge the customer at the other end. 

it is an unsolicited service, and it does not count as a legal disbursement, as it needs prior agreement. more over it's very reasonable for them to charge vat and duty costs prior to clearing (and in fact is something that I have to do for my own exports) it's automated within eBay, Etsy and Amazon now. 

I do wonder if the new legislation helps with this:

"The Digital Markets, Competition and Consumers Act (DMCC Act) tackles hidden fees by explicitly prohibiting  price dripping a practice where essential costs are only revealed later in the purchasing process. Businesses must now disclose all mandatory or necessary fees and provide information on optional fees upfront as part of the "material information" in their invitations to purchase"

powerful_Rogue

louix858 said:

I have also been able to have these fees removed, ultimately it is a hidden fee and or unsolicited service that they are charging well over a reasonable amount for what is an automated clearing process.

it is well within their capability to charge for the fee and the duty/vat at the point of shipping. they simply don't because they want their own shipping fees to look more competitive and then surprise charge the customer at the other end. 

it is an unsolicited service, and it does not count as a legal disbursement, as it needs prior agreement. more over it's very reasonable for them to charge vat and duty costs prior to clearing (and in fact is something that I have to do for my own exports) it's automated within eBay, Etsy and Amazon now. 

I do wonder if the new legislation helps with this:

"The Digital Markets, Competition and Consumers Act (DMCC Act) tackles hidden fees by explicitly prohibiting  price dripping a practice where essential costs are only revealed later in the purchasing process. Businesses must now disclose all mandatory or necessary fees and provide information on optional fees upfront as part of the "material information" in their invitations to purchase"

Everything you have posted is incorrect. It's not a hidden fee, it's taxes and duties levied by HMRC. Postal companies charge a fee for dealing with this on the customers behalf. This can be avoided by getting the seller 'Customer will clear customs' on the form. However will probably cost the customer more in time and money doing it themselves then letting the postal operater do it.

It's also no an usolicited service. It's all covered in the Postal Services Act 2000.

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