Fedex hounding for payment

Aylesbury_Duck

pinkshoes said:

5000 Turkish lira is about £120? So sounds like FEDEX has made a mistake. What did the package say? Had the seller written £5000 instead if lira?

Is it possible to pay the tax that would have been due on the correct price she paid? So not paying what they're asking but what is due? 

That way if they take legal action she can show the invoice and show she has paid the correct tax.

It seems that it's the seller that's put the incorrect amount on, so I don't think FedEx have done anything wrong, they can only base the amount on the information they're given.

Jenni_D

Aylesbury_Duck said:

pinkshoes said:

5000 Turkish lira is about £120? So sounds like FEDEX has made a mistake. What did the package say? Had the seller written £5000 instead if lira?

Is it possible to pay the tax that would have been due on the correct price she paid? So not paying what they're asking but what is due? 

That way if they take legal action she can show the invoice and show she has paid the correct tax.

It seems that it's the seller that's put the incorrect amount on, so I don't think FedEx have done anything wrong, they can only base the amount on the information they're given.

Indeed - the tax (correct or otherwise) is already paid; it's the FedEx invoice the OP's daughter is liable for.

visidigi

The issue you are going to have is going to be the shipper has fraudulently declared too much (because its not worth that and the only reason to do so would be to extract a higher payment from the courier in case of loss/damage).

I would start by paying the fee to FedEx, as ultimately they are actually just doing what was asked of them - and have done so.

You won't get it back from HMRC unless its reassessed, you can ask FedEx to reassess if you have proof of the incorrect amount, but they charge for this (as there is a cost to them of doing it).

But you can do this yourself - to claim back the overspend you will need to do a C285 form - see the bottom of this page: 

https://www.gov.uk/goods-sent-from-abroad/tax-and-duty

missunicorn1977

Fedex are giving her no help at all and saying not their problem really and the letters are coming thick and fast saying they will take legal action , she hasnt paid yet but had a look at taking this up with HMRC and looks like a minefield and not straight forward , the turkish seller has said not to pay and he has informed Fedex at his end but no evidence to back this up 

QrizB

FedEx's contract is with the seller, surely? Not with the buyer? Surely it's his problem?

And per the .go.uk website:

Who is liable
The person or organisation who made the customs declaration for the imported goods is the debtor. This means that they are liable for the customs debt.

https://www.gov.uk/guidance/customs-debt-liability
Have you spoken to eg. Citizen's Advice?

Aylesbury_Duck

QrizB said:

FedEx's contract is with the seller, surely? Not with the buyer? Surely it's his problem?

And per the .go.uk website:

Who is liable
The person or organisation who made the customs declaration for the imported goods is the debtor. This means that they are liable for the customs debt.

https://www.gov.uk/guidance/customs-debt-liability
Have you spoken to eg. Citizen's Advice?

I understood the situation to be that OP's daughter is the importer, and is therefore liable for the debt to FedEx because FedEx has carried out the import process on her behalf and paid the customs charges.

Aylesbury_Duck

missunicorn1977 said:

Fedex are giving her no help at all and saying not their problem really and the letters are coming thick and fast saying they will take legal action , she hasnt paid yet but had a look at taking this up with HMRC and looks like a minefield and not straight forward , the turkish seller has said not to pay and he has informed Fedex at his end but no evidence to back this up 

This is the same guy that deliberately inflated the value of the goods in order to make a fraudulent insurance claim should they have gone missing.  I don't think I'd be taking his advice, or heeding anything he's saying.

FedEx don't need to help your daughter.  She imported the goods, and FedEx have handled and paid for the customs process on her behalf.  They are now trying to recover that money plus an administrative charge.  They're quite right that it isn't their problem (aside from the trouble they're having to take to recover their money from your daughter).

powerful_Rogue

The importer is liable

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

born_again

Could it be that the symbol used to display Turkish Lira has been mistaken for £ 

If OP could post a copy of the customs doc, with other details redacted. Might show a error.

missunicorn1977

Thanks everyone , my daughter has sent all documents etc to Fedex but they are not interested and just want their money , after speaking to citizen advice they have advised her to pay the full money and try and claim it back , I just dont know how it will go with HMRC and if will refund any of the £700, will try writing another thread and see if anyone can help or advise on this matter as its a little different to this thread , but she has been shafted good and proper in my eyes