legality / enforceability of so called 'clearance fees'

[trillian]

I read that as telling you that no EU VAT has been charged within the total, not that no VAT is due. Sadly just because they didn't collect the tax it doesn't mean that the tax can't be collected by someone else as it is a strict liability which has to be paid at some point.

Once again, I am not arguing about the VAT /duties or the expectation that those could be applied. What I am contesting is that Fedex acted without my knowledge or consent in clearing the parcel and charging a fee for that clearance and had I known this would be the case my decision to purchase the items may have been different.
This is something I should have been told in the purchase process and if not then I really should not be liable for it.

Anyway, I'm not going to bang on and on. We'll see what Sony and Fedex have to say.

My offer to them will simply be to drop the clearance fee or take back the product and refund me as it should have been if I was given
the choice.

[Mark_T]

Keep us posted on the outcome, I won't be entirely surprised if they drop the fee after a bit of arguing as it really isn't worth the effort to collect it.

I hope you get a satisfactory result.

[woody]

I agree that if you argue enough you are likely to be let off the handling charge, but having cut and pasted the T&C's from the Sony website it does state you are reponsible for them.

MAKING PURCHASES

If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

[trillian]

I agree that if you argue enough you are likely to be let off the handling charge, but having cut and pasted the T&C's from the Sony website it does state you are reponsible for them.

MAKING PURCHASES

If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

Well, yeah I agree to all of the above, but it does not include anything about the shipping company being allowed an additional fee for customs clearance, that's not a tax or a shipping charge (the shipping and handling was already paid). The bottom line is that it should be made clear up front that Fedex will automatically clear the item through customs and charge a £10.00 fee, that should be made known at the point of purchase or at the very latest when the package is delivered. Otherwise we could all be paying all sorts of silly charges made on our behalf under some kind of blanket terms and conditions.

Nope, it's still just not cool and Sony needs to be made aware that if they're going to insist on using Fedex and their customers are going to get stung like that, we're not all going to just bend over and take it.

[Spanner]

Whilst I agree that you have to pay import duty/ VAT etc , its the nature if the beast when buying from the states. Its these charges that FedEx et al charge for paying them for you, why doesn't the charge come directly to me? why is it left to some courier company to pay it for me and then charge me a fee as they paid it for me? No body asked them to, and if they do, then so be it, I'll pay them it back, but to then come up with some mythical fee of £10+ is laughable. I'm on Trillians side here and anything that comes in the post with some ridiculous "handling fee" attached can expect the same response!

[Mslater]

The only way Fedex could pursue this is if they could prove that I agreed to the charge, full stop. If not then they don't have a hope in hell (assuming I wanted to dig my heels in). You just cannot send an invoice to someone out of the blue and expect it to be enforceable. They can claim it is for services rendered but I can claim I never agreed to any such thing. If it was from customs they could withold the parcel until it is paid or if Fedex had told me of the charge at the time of delivery I would have the option to refuse it.

This comes up regularly in our industry. In this case Sony have completed their transaction you cannot expect anything from them.

You imported items for which there is a tax in this country (you accepted the charges the moment you imported them that is British Law) - other countries have different taxes but here it is often cleared in customs by the carrier. If customs apply a tax then my advice would be to pay it. They don't mess about and you'll get a court order very quickly. You are dealing with British customs via a courier - its one of those things - if you get stopped and checked at the airport then you pay if you are over your allowance or they may even take the goods from you or you could spend a night in the clanger.

[challis349]

I don't think people are bothered about paying the taxes, its about giving the courier another tenner for f*ck all,

[Spanner]

I don't think the issue is paying the tax, its the fee that a company charges you for paying the tax on your behalf who you didn't ask to pay it! I would gladly (well almost!) pay the tax, but to then charge someone something for which they have no control over and is not mentioned in any correspondence with a retailer hurts somewhat.

[Mslater]

I understand what you are saying but the courier will just inform customs that the payment hasn't been made, then stand well back.

[Spanner]

Then I'll pay customs what they are due?

[Mslater]

Can do - keep the receipt because the courier will report it as unpaid - its just an automated system

EDIT - And make sure the receipt relates to the parcel and its content (preferably shows the invoice number of the goods)

[Rotorhead]

Amazing how many times you say your issue is with the fee, not the tax, yet people can't help but repeat that you have to pay the tax.

[Mark_T]

Out of curiosity, is it the amount of the fee or the fact that there is a fee at all that has people upset?

It doesn't seem unreasonable to me that the courier (or Royal Mail) should be compensated for the extra effort involved in delivering the packages to Customs, completing paperwork and handling the collection of VAT/Duty and re-collecting the packages before continuing with the delivery as planned.

Would you be happier if it was rolled up into a higher fee for the postage in the first place?

Remember, right now you only pay the fee if there is actually VAT or duty to be paid and it seems a lot better to me that we only pay it when we have to pay the tax rather than on every package regardless of the tax position. This isn't a cost that can be built in at source as the assessment takes place after the goods have left the point of origin so someone is going to have to pay when there is work involved.

I know it would be nice if the packages were just delivered along with a bill to be paid for the tax/duty direct to C&E but we don't do that with the majority of our other taxation, your salary is taxed at source, you pay VAT along with the price of the goods in the shop etc. Our system is based on bulk collection of tax at concentration points, not individual payments direct to government, so this approach for the parcels is consistent with that.

I don't enjoy paying it any more than anyone else on this board, but it doesn't seem unreasonable to me that there is a charge and I just add it in to the cost of importing the goods and see if the price is still one worth paying and make my decision based on that.

[millerman]

I don't think people are bothered about paying the taxes, its about giving the courier another tenner for f*ck all,

Would you do your job for f*uck all ???
As you all know I'm in the international and uk courier business
The charges your talking about are not new they have been around for many years wether you have been charged for them before or not they are very real, the process involves a person manually processing a customs entry of which your paying the privilege of them to do, every dutiable item that enters this country has an entry done on it if you don't get hit with the charge your lucky !
You can however clear the goods yourself or assign a customs broker of your choice to clear the goods,
Just factor the cost in when you buy from outside the eu and stop
Moaning about it !!!!!!! :0)


Sent from my iPhone using crapatalk

[gazza131]

i been reading this thread, and i agree with both trillian and millerman,

1, trillian should have been informed in advance about possable charges by fedex. (and on them grounds i to would fight not to pay the charge)
2, that fedex do have the right to charge for there part at customs, but they should also have informed trillian (and every other customer) about a possable charge on or before delivery