Fedex lost parcel, still demand customs fees

Mfczk

Hi!

I had a parcel due to arrive from abroad. When it got the UK fedex paid the customs on my behalf, then lost the parcel. This was over two months ago. 

While that happened, they sent me an invoice which I did dispute, but didn't hear anything back from them. 

I've now received a letter from ControlAccount debt recovery demanding the full amount be paid within 3 days of getting the letter.

I'm not sure what to do. I never received the parcel, so surely the liability is on them right? Not only that, I never gave them permission or anything to pay on my behalf, they made that choice. I've been in contact with them about the lost parcel so they are away, they just seem insistent that I'm liable for the costs. 

What are my rights here? How can I fight this? Are there any laws I can reference?

Thanks for the help  

TELLIT01

Interesting situation.  Regarding them paying the import fees, they had no choice if the package was going to enter the UK.  If they hadn't paid you would not have been able to receive the item.  However, I do think it's a cheek for them to come after any fees when they lost the item. 

Ergates

Mfczk said:

I'm not sure what to do. I never received the parcel, so surely the liability is on them right? Not only that, I never gave them permission or anything to pay on my behalf, they made that choice. I've been in contact with them about the lost parcel so they are away, they just seem insistent that I'm liable for the costs. 

In terms of "never gave them permission" - they have authority to do this, if you order something from abroad, you are responsible for paying any customs fees (and if they had delivered your parcel them doing this would be to your benefit).

I don't know if there are any particular laws that support you here - however it seems that morally they should be covering this.   Especially as if the retailer resends the missing item, you'd be on the hook for a 2nd lot of customs fees.  Alternatively, you could pay the fees, then raise a small-claims case against Fed-Ex -  you are out of pocket as a result of their negligence.

Normally any cases where the courier loses your goods are the problem of the retailer - i.e it's on them to replace the missing goods and take up recovery of loss with the courier.  In this case, as it was coming from outside the UK, this would depend on the consumer laws in whichever country you ordered it from.

DullGreyGuy

The law gives them the right to deal with the tax authorities and to charge you a fee for doing so. Customs dont want millions of parcels stuck there whilst couriers are trying to contact recipients to confirm clearing instructions etc. 

I honestly dont know the legal position given you are not the sender but I'd argue they are wanting fees paid so there is a contract and so they owe you a duty of care even if you weren't the person that contracted with them to deliver the parcel. 

Clive_Woody

Presumably FedEx were contracted by the seller, as you have not received the item then I would direct all enquiries to the seller because I would have thought this was their responsibility to resolve with their delivery agent.

Alderbank

Import duty is not contractual.

It is a tax levied by HMRC on the importer (that's you, @Mfczk!) for the privilege of importing something into the UK. HMRC have no powers to enforce anything on the sender who could be anywhere in the world.

It has to be paid just like other taxes, but it can be claimed back if the goods are returned and also HMRC do have an appeals system if you believe you have been overcharged. They are not keen on refunds but might do so since you have proof that the goods have been lost.

sheramber

But HMRC didn’t lose the parcel.

It  was lost after clearing customs.

Fedex are the ones who lost it, so are responsible, but their responsibility is to whatever party they are contracted to. 

Would that be the sender or the courier in the country of origin?

Mfczk

Clive_Woody said:

Presumably FedEx were contracted by the seller, as you have not received the item then I would direct all enquiries to the seller because I would have thought this was their responsibility to resolve with their delivery agent.

The problem with this is it wasn't a "seller". It was a gift from a friend. I forgot to mention it but I'm not sure if it changes anything. He gifted me the item and put me down as liable for fees (No duty but VAT I think I this case).

Technically, I could say he's liable for the money back to me and then has the headache of dealing with Fedex, but It's not fair on him to do that.

It was Fedex that paid the fees, then mishandled and lost the parcel. As far as I'm concerned, it's their parcel now and their problem including liabilities. But based on other replies that unfortunately doesn't seem to be the case legally.

PHK

sheramber said:

But HMRC didn’t lose the parcel.

It  was lost after clearing customs.

Fedex are the ones who lost it, so are responsible, but their responsibility is to whatever party they are contracted to. 

Would that be the sender or the courier in the country of origin?

I don’t agree with this. The parcel was lost after clearing customs. The goods had already been imported into the country by the OP so the import payment is due to HMRC so the OP should reimburse the courier for doing that. (But see below) The OP might be able to get that refunded by HMRC if they consider that not receiving the item warrants it. 

The sender should claim for the lost item. Or claim on insurance if they took it out. 

(The OP should concentrate on complaining to FedEx that they should waive their handling fee in the circumstances. Additionally of a replacement is sent then the Ozp would have a good case to claim the second set of import payments from FedEx as their losing the parcel caused the second payment to be necessary )

Alderbank

VAT but no duty means your friend valued the gift at between £39 and £135, so well worth chasing up.

Whether you think it's fair or not, your friend should have a word with Deutsche Post or whoever they paid to deliver the gift to you. Your friend is the only party entitled to any compensation.

visidigi

When you say lost it, do you mean there is no proof of delivery on it? Or you mean you never received it - e.g. was left in a safe place and taken for example?