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Letter Before Claim from Control Account

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  • Letter Before Claim from Control Account

    I received a parcel from my family in Malaysia via Fedex at January 2015. Few days later, an invoice came to me charging 46pounds as the income tax.
    I decided to ignore it as the parcel is a gift but not a things that I bought.
    After 4 months, I received a letter from Control Account saying that it's acting in behalf of fedex to collect the debt that I owed to Fedex.
    They sent me 3 letters in total, and the last letter was written with the title "Letter Before Claims".
    I'm worrying about it and should I continue ignore it?
    I'm going back to Malaysia in 1 month time so I just wonder will there be any consequence if I keep ignoring these letters?
    Is that possible that Control Account send me to court?
    Thanks.
    Last edited by lsenn; 22nd May 2015, 13:02:PM.
    Tags: None

  • #2
    Re: Letter Before Claim from Control Account

    Hi Welcome to LB,

    FedEx is well known for this nonsense.
    Are you leaving the country permanently?
    Can you post a suitably redacted copy of the
    " letter before action" here please.

    nem

    Comment


    • #3
      Re: Letter Before Claim from Control Account

      Thanks for the quick reply. Really appreciate your help.
      Yeah, I'm leaving UK permanently.
      I uploaded the letter below.

      [IMG][/IMG]

      Comment


      • #4
        Re: Letter Before Claim from Control Account

        [IMG][/IMG]

        Comment


        • #5
          Re: Letter Before Claim from Control Account

          OK, Just to cover your self.

          Send the following to Control Account

          Ref Use theirs.

          Sir/madam,

          I am in receipt of your correspondence regarding an alleged debt for £.... you claim is owed to FedEx.

          Please note I have not entered in to any contract with FedEx at anytime therefore I can only assume
          that this was nothing more than a speculative invoice which is rejected.

          Court Action will not achieve the result you expect.

          Send by post.

          nem

          Comment


          • #6
            Re: Letter Before Claim from Control Account

            Sorry,are you saying that I need to post this letter to control account? Or can I just email them ?
            Thanks.

            Comment


            • #7
              Re: Letter Before Claim from Control Account

              Originally posted by lsenn View Post
              Sorry,are you saying that I need to post this letter to control account? Or can I just email them ?
              Thanks.
              Do both
              email it to them and also send a copy recorded delivery/registered post (that way you have proof of postage and receipt )
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #8
                Re: Letter Before Claim from Control Account

                Originally posted by nemesis45 View Post
                OK, Just to cover your self.

                Send the following to Control Account

                Ref Use theirs.

                Sir/madam,

                I am in receipt of your correspondence regarding an alleged debt for £.... you claim is owed to FedEx.

                Please note I have not entered in to any contract with FedEx at anytime therefore I can only assume
                that this was nothing more than a speculative invoice which is rejected.

                Court Action will not achieve the result you expect.

                Send by post.

                nem
                Hang on, the amount probably relates to custom duties and VAT (i.e otherwise known as import tax for which the recipient (OP) is liable for) which you are legally obliged to pay if said goods received are eligible for Customs Duty and/or VAT or even Excise Duty (Alcohol or tobacco products) - Even for gifts.

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

                Without knowing the value of the goods you received or if they were non personal items (items you already owned) then its difficult to say if the amount Fedex charged is for the customs duty and VAT is accurate or not.

                Can you post up a copy of the Fedex Invoice (if you still have it)?
                Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                The Governess; 6th March 2012 GRRRRRR

                Comment


                • #9
                  Re: Letter Before Claim from Control Account

                  Thanks alot for your help! I will write it now and send them asap.
                  Just a silly question from me, will them prevent me from leaving UK when I'm going back Malaysia next month?

                  Comment


                  • #10
                    Re: Letter Before Claim from Control Account

                    hey is the letter from fedex. [IMG][/IMG]
                    Since I'm leaving UK in one month time, I'm more concern about the consequence if I ignore this letter before claim from control account.
                    What would they possibly do to me ?

                    Comment


                    • #11
                      Re: Letter Before Claim from Control Account

                      Yes I know the OP is leaving the UK permanently in a couple of weeks.

                      FedEx have been known for greatly " exaggerated" claims in this situation it's always
                      wise to challenge them.

                      nem

                      Comment


                      • #12
                        Re: Letter Before Claim from Control Account

                        Originally posted by lsenn View Post
                        Just a silly question from me, will them prevent me from leaving UK when I'm going back Malaysia next month?
                        I wouldn't think so xx
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment


                        • #13
                          Re: Letter Before Claim from Control Account

                          Right so the custom duty is the advancement fee of £10.75 and the VAT is the amount of £35.80.

                          Well its likely that Fedex payed a security to HMRC customs for the goods so they could deliver it to you, though you are legally responsible to pay the tax not Fedex!

                          As for implications to your returning to Malaysia, well who knows. I doubt any action would occur quickly enough to prevent you traveling, but you could well be stopped at the airport.

                          As for the Debt collection company charge £71.55 i have no idea where they get that figure from as your only obliged to pay the amount ion the original invoice. I would suggest for the sake of £46.55 that you contact fedex and arrange to pay it and ask them to call of their debt collectors! If fedex try charging the £71.55 ask them what the additional amount is for and on what legal basis are they permitted to charge it, then say you will seek advise on the additional charge and come back here and tell us what they said - So we can advise you further. DO NOT tell them your plans to leave the country
                          Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                          By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                          If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                          I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                          The Governess; 6th March 2012 GRRRRRR

                          Comment


                          • #14
                            Re: Letter Before Claim from Control Account

                            Originally posted by nemesis45 View Post
                            Yes I know the OP is leaving the UK permanently in a couple of weeks.

                            FedEx have been known for greatly " exaggerated" claims in this situation it's always
                            wise to challenge them.

                            nem
                            Should I just send the letter to control account via post and email, and just wait for the reply from them?

                            Comment


                            • #15
                              Re: Letter Before Claim from Control Account

                              Yes.

                              The once tried to charge import duty on a bundle of paperwork from a court in Dubai.

                              nem

                              Comment

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