Help - FedEx threatening me over a disputed invoice

[HeavyT]

I purchased an item from an eBayer seller based in USA, who used FedEx to get it delivered to me here in the UK.

Before making the purchase, I contacted HMRC and they confirmed that the item in question qualified for full relief so no import duty or VAT needed to be paid. The sender’s paperwork mentioned the package is duty exempt and also listed the correct commodity code. I also emailed FedEx about this and asked them to ensure that the package is cleared correctly at customs.

However, about a week after the delivery, FedEx sent me an invoice asking me to pay duty tax! I challenged this and was told that the sender's description wasn't clear enough so I must still pay what they’re asking. I don't feel I can be held responsible for the way in which the sender completed the paperwork, although I do feel the fact that they marked the package as duty exempt is clear enough! For my part, I did contact FedEx directly before the delivery was made and gave them all the information they needed but that was just ignored. If I had known that they were going to invoice me later, I would have just refused to accept the delivery.

Anyway, I have not paid and FedEx are now threatening to pass my details on to a collection agency.

I'd be very grateful for any advice on how to handle this.

[Amethyst]

Re: Help - FedEx threatening me over a disputed invoice

It certainly sounds like FedEx are in the wrong here. How much is the duty they are claiming ?

Have you made a formal complaint in writing to them ?

[HeavyT]

Re: Help - FedEx threatening me over a disputed invoice

The item I purchased is quite high value so the duty they're asking for is over £100. However, even if it was just £10, I would still challenge it as I feel it's very unfair to hold me responsible for this.

I've spoken to FedEx about this matter over the phone and sent them countless emails but am not getting anywhere. Would these actions count as a 'formal complaint' or is there something else that I need to do i.e. send a letter to their head office or something like that.

[seduraed]

Re: Help - FedEx threatening me over a disputed invoice

I would go back to hmrc and get a copy of their ruling that the item is exempt from duty. write to fedex uk head quarters signed for post. Enclose a copy of the invoice and a copy of the ruling from hmrc. Head the letter formal complaint. The resolution you want from the complaint is for the incorrect invoice to be dropped and an assurance that they have not marked it as a default on your credit report.

[ADDLED]

Re: Help - FedEx threatening me over a disputed invoice

Hi HeavyT.
Did you advise FedEx which commodity code to use? If so, they should have followed your instructions. Do you have a copy of the customs entry they made? This would clearly show the code they used, which can be checked on the HMRC website...

https://www.gov.uk/finding-commodity-codes

...to see if it matches the class of commodity you imported. Quite often they wont bother to look up the exact code and will use a general code instead.

My business is import/export so I could have a word with my customs broker in the morning to see if there is a way to correct the entry.

rgds
ADD

[HeavyT]

Re: Help - FedEx threatening me over a disputed invoice

Thanks, I'll submit a formal complaint as suggested.

ADDLED - I did inform them of the correct commodity code to use but I don't have a copy of the customs entry. When I spoke to them previously to try and break the impasse, they suggested I either pay the full amount or pay a fee (which amounts to around a third of total) and they will arrange to get the entry amended. Neither proposal is acceptable to me.

[ADDLED]

Re: Help - FedEx threatening me over a disputed invoice

OK, ask them for a copy of the formal customs entry. IMHO it's good practice to supply a copy with the invoice since it shows the commodity code used and vat/duty payable.
We always attach a copy of the shipping note, shippers invoice and customs entry to the client's invoice for every import entry. But I'm dealing with commercial importers, so perhaps FedEx don't deem it necessary.

If they've cocked up then it will cost them to amend the entry, and sometimes HM customs will impose a fine, so there's a risk to them in making an amendment and it looks like theyre trying to offload that cost onto you.

I will get back to you tomorrow after I speak to my broker and also ask about procedural rules. I'll leave the legal stuff up to those who are qualified.

ADD