Charged import tax&admin fees on replacement parts under warranty

tommy45
tommy45 Posts: 60 Forumite
edited 2 September 2017 at 5:23PM in Consumer rights
I some 18mths ago purchased a new computer case(chassis) and built my own computer, a few months down the line i find there is a fault with the audio when headset is plugged into the front I/O control panel I contacted the case manufacturer for support via their web site, they requested my details address etc, so they could send the replacement part,


Then a short time later they send another e-mail saying that they were awaiting for parts to be shipped from china And after sending further emails requesting updates and no receiving any response from their support based in Germany or the parts, I sort of gave up, as i found a workaround solution that was around May 2016 More recently one of the audio jacks has since failed completely I did contact the company that i purchased the case from, they are no longer trading in the selling of computer items online, but they did offer in a small fashion to help (supply the actual mini jack ) but i would of had to take the control panel apart and take a picture of the jack plug, something that i wasn't prepared to do

After sending a further E-mail and again no response, I decided to join the case manufacturers user forum and posted my complaint about their lack of customer support there, after a few days a rep from the company/forum mod contact me, and i was given an e-mail address of someone in their head office in Taiwan
explaining the situation they apologised for the way things had been handled or not,
And after making sure they understood what part that i required as they referred to it as a USB module, although their product website describes it as a top-front I/O control panel, Well it does have the audio in/output reset hdd activity led Power switch as well as the usb 2/3 ports on it they arranged to ship the part and provided me with the tracking number,

Once it was showing on the tracking (fedex) where the company used, i was gobsmacked to see it was actually being shipped from Taiwan,

It must have cost 2-3 times what the part costs to make,.maybe more So a few days later the parcel is delivered, and the part is correct, a few weeks later i receive an invoice from FedEx for a number of £16

I rang have HMRC and explained the situation to them, and they told me that it sounds as it has been incorrectly processed incorrectly by FedEx, but if i filled in a form( C285 ) I could claim the duty back only Of course FedEx are refusing to waive their admin fee and said that if they had processed it the alternate way it would have been a £21 admin fee but no duty, but as the value of the item is under £20 according to the sender, who also wrote in the comments warranty replacement only

IMO there should be no charges to me at all, as said they are replacement parts under warranty and are not of any finaniacal benefit or worth to me,& should not be expected to pay 1p otherwise the warranty is pointless, I have e-mailed the person who sent the parts, explaining that i have been billed import duty and admin charges asking them to sort it out with the shipper Fedexwhat welse can i do, as i have zero intention of paying
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Comments

  • dj1471
    dj1471 Posts: 1,968 Forumite
    First Anniversary First Post Home Insurance Hacker!
    You need to pay FedEx or the debt will be quickly passed to a debt collector.

    Pursue a refund from the sender.
  • dj1471 wrote: »
    You need to pay FedEx or the debt will be quickly passed to a debt collector.

    Pursue a refund from the sender.


    Why the sender?
    If they wrote the correct value on the shipping form and also stated that they were warranty replacements, they have done all that they could have done.


    I thought that items imported for warranty purposes were only free of duties provided that the faulty goods had first been sent out of the EU and this could be proven.
    If this wasn't the case, any seller could write "warranty replacement" on their customs declaration to save the importer from having to pay vat & import duty.
  • tommy45
    tommy45 Posts: 60 Forumite
    edited 4 September 2017 at 7:55PM
    Why the sender?
    If they wrote the correct value on the shipping form and also stated that they were warranty replacements, they have done all that they could have done.


    I thought that items imported for warranty purposes were only free of duties provided that the faulty goods had first been sent out of the EU and this could be proven.
    If this wasn't the case, any seller could write "warranty replacement" on their customs declaration to save the importer from having to pay vat & import duty.

    As they quite rightly should be, reading about a similar thing but regarding the POST OFFICE there was talk about it being declared as a free gift which in a way it is just this, using a CN22 form I have had a response from my e-mail to the sender saying they have contacted Fedex as i requested regarding this import duty charges, saying they have done this since i contacted them about it, so i'm assuming that they have paid fedex At the end of the day if you purchase a product in the uk, pay Vat on that purchase and it fails due to faulty design or bad workmanship ect, and in order to have the warranty terms honoured you have to contact the HQ of the manufacturer that happens to be located outside the uk or eu, there is no way our government should be charging duty on a warranty replacement or repair item, imo, Also after further scrutiny, i found that the sender put $20 as the value which some how ended up increasing to $25 in transit
  • tommy45
    tommy45 Posts: 60 Forumite
    dj1471 wrote: »
    You need to pay FedEx or the debt will be quickly passed to a debt collector.

    Pursue a refund from the sender.

    And they wouldn't have been collecting a penny for the sake of the value of £16 in total it wouldn't have been cost effective to them to pursue it, I would have had my day in court, and asked the judge where is my protection rights as a consumer? I had originally paid vat on the complete item a computer chassis, part of that price included a 3-year mft warranty i needed to invoke that warranty and it should not cost me a penny regardless of where replacement parts are sent from all fees due if any are the responsibility of the sender in such cases
  • KeithP
    KeithP Posts: 37,612 Forumite
    Name Dropper First Post First Anniversary
    tommy45 wrote: »
    Also after further scrutiny, i found that the sender put $20 as the value which some how ended up increasing to $25 in transit
    Once it has been decided that vat is payable, then the sum payable is calculated on the value of the goods plus the cost of packaging and insurance.

    That probably accounts for the $5 discrepancy.
  • KeithP wrote: »
    Once it has been decided that vat is payable, then the sum payable is calculated on the value of the goods plus the cost of packaging and insurance.

    That probably accounts for the $5 discrepancy.

    Sounds like another way of ripping us off, as the sender will of bought the insurance and packaging from fed ex in the first place, so they think it's ok to charge twice? they have some brassed neck i'll say that for them I have e-mailed Fedex asking them to confirm that the invoice has been paid by the sender, but they have ignored my requests so far, Do they treat their customers like this too?
  • KeithP
    KeithP Posts: 37,612 Forumite
    Name Dropper First Post First Anniversary
    tommy45 wrote: »
    Sounds like another way of ripping us off, as the sender will of bought the insurance and packaging from fed ex in the first place, so they think it's ok to charge twice? they have some brassed neck i'll say that for them I have e-mailed Fedex asking them to confirm that the invoice has been paid by the sender, but they have ignored my requests so far, Do they treat their customers like this too?
    What??
    What do you mean about paying twice?

    VAT is charged on the sum of the value of the goods and the cost of the packaging and the cost of any insurance.

    That is an HMRC rule.
  • tommy45 wrote: »
    and asked the judge where is my protection rights as a consumer? I had originally paid vat on the complete item a computer chassis, part of that price included a 3-year mft warranty i needed to invoke that warranty and it should not cost me a penny regardless of where replacement parts are sent from all fees due if any are the responsibility of the sender in such cases


    Your statutory legal rights and the terms and conditions are two entirely separate things.
    If a manufacturer or retailer (whoever provided the warranty) wishes to make it a term of that warranty that states that the purchaser is responsible for all shipping charges then they are perfectly entitled to do so.
    Just because a part is a warranty replacement doesn't automatically make it exempt from any import duties if shipped from outside of the EU.
  • How do you know they buy their packaging and insurance from FedEx?
    We use them every day and buy neither from them.

    I really think you're missing a lot of points in your arguments, so I'd just be glad it's been put to bed and leave it at that.
  • How do you know they buy their packaging and insurance from FedEx?
    We use them every day and buy neither from them.

    I really think you're missing a lot of points in your arguments, so I'd just be glad it's been put to bed and leave it at that.

    I know that it's FedEx packaging because it is a FedEx branded box that was used to ship it in and any insurance isn't or shouldn't be subject to VAT on imported packages that is just plain wrong As they haven't bothered to reply to confirm if or if not the invoice they expected me to pay i don't know that it has been put to bed or not do i?
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