legality / enforceability of so called 'clearance fees'

[trillian]

I recently bought some DVDs from Sony in the USA and they were sent by FedEx. They arrived about a week ago just as any other package.

Then today I got a letter from Fedex with an invoice asking for £19.31, £10.00 of which is something called an 'advancement fee' (which is called a clearance fee elsewhere in their documentation, obviously it's their fee for supposedly paying the customs on my behalf).

My personal opinion is that it is essentially unlawful and is thus unenforceable. The reason being is that I never agreed to such a charge in any shape or form, nor is anything I did even implying that I would agree to it. I was never even made aware of it. I never asked them to nor was made aware they might pay any fees on my behalf etc.

To look at it another way, if they had asked for the money at the door before delivering the package I could have simply refused and they would have to return it to the sender.

How can it possibly be the slightest bit legal to impose a charge after the fact that I was never made aware of beforehand?

After doing a little Googling I have also seen similar opinions out there.

So I have gone on the Fedex website and sent them a message about the invoice saying basically I will pay the VAT/import duty but never agreed to any 'advancement fee' and they can either remove this fee or come collect the package and return it to the sender.

We shall see what they say.

[gazza131]

i have received many items from USA, delived by fedex and never incurred any charges?
not even import tax/vat

mind you the most expenive item only cost £49.00 including postage

[Thomas]

Good for you, I never quite understand why these carriers charge twice the import duty for processing.

I had a $20 ebay item and the duty was £7 and Parcelforce charged me £13 - I was also told by Mr Sparta that it is unlawful for them to hold onto a parcel while they are waiting payment, they should, and you can insist, they deliver straight away.

[Mark_T]

The reason being is that I never agreed to such a charge in any shape or form, nor is anything I did even implying that I would agree to it. I was never even made aware of it. I never asked them to nor was made aware they might pay any fees on my behalf etc.

Your dispute in this case is going to be with the US based company that you ordered from. They contracted with Fedex to ship the merchandise and part of that contract covers the fact that Fedex (like every other courier) will charge for handling customs clearance.

Another part of the contract for shipping the merchandise covers who is going to pay the handling and duty/VAT charges and it would seem that the sender indicated that it would be you (also very normal). If the sender failed to inform you of this fact then your problem is with them rather than with Fedex.

Most US companies that I order from make it clear in their T&C that any duty/tax/handling fees are the responsibility of the customer, it may be worth checking this before going too far out on a limb on this one.

[trillian]

Your dispute in this case is going to be with the US based company that you ordered from. They contracted with Fedex to ship the merchandise and part of that contract covers the fact that Fedex (like every other courier) will charge for handling customs clearance.

Another part of the contract for shipping the merchandise covers who is going to pay the handling and duty/VAT charges and it would seem that the sender indicated that it would be you (also very normal). If the sender failed to inform you of this fact then your problem is with them rather than with Fedex.

Most US companies that I order from make it clear in their T&C that any duty/tax/handling fees are the responsibility of the customer, it may be worth checking this before going too far out on a limb on this one.

Well, it may be that in the T and A at the point of sale it may say something to the effect that VAT/ duties may be charged but I seriously doubt that I would find wording that says specifically a £10.00 'advancement fee' will be charged. So I'd be willing to bet you my claim of not being made aware of such a charge is valid.
I can then ask Sony if they knew Fedex was going to charge me the fee and see what they say (and if they look up my account they will see I have spent serious money with them over the years).

I'm pretty sure I have a leg to stand on here so we'll see what Fedex has to say first.

[Spanner]

Hmm, I ordered some bits from the states, just had a look over the website and no mention of import/handling fees at all. In fact no T+C's at all. We'll see what happens when it eventually drops on the doorstep! (2 weeks and counting!)

[Mark_T]

Well, it may be that in the T and A at the point of sale it may say something to the effect that VAT/ duties may be charged but I seriously doubt that I would find wording that says specifically a £10.00 'advancement fee' will be charged.

The wording may not be that precise but it should mention duty/tax/handling fees and if it is missing then you have reason to take issue with Sony about that.

I do understand your point of view and I look forward to hearing the outcome, but I suspect that the reaction from Fedex will be a swift movement to a debt collection agency if they form the opinion you are not going to pay.

I'd also take a close look at any paperwork you signed when you received the goods (if you did actually see any paperwork) as that may also have referred to the requirement to pay the taxes and the handling fee.

[Sesame]

Thinking about this surely your contract is with Sony from whom you purchased the goods, Fedex are the couriers employed by Sony to deliver the parcels so I am assuming no contact by them was made until a, delivery of parcel b, delivery of the invoice.

I can see where your comming from good luck with it and ill be watching with interest as to how you get on.

[trillian]

Thinking about this surely your contract is with Sony from whom you purchased the goods, Fedex are the couriers employed by Sony to deliver the parcels so I am assuming no contact by them was made until a, delivery of parcel b, delivery of the invoice.

I can see where your comming from good luck with it and ill be watching with interest as to how you get on.

Yeah the contract is with Sony but Fedex is the one sending me the invoice.

Interestingly I just noiticed that my email order confirmation from Sony says:
Merchandise Total: £25.48
Shipping Total: £20.95
EU VAT Tax £0.00
Order Total: £46.43

So I am trying to email Sony (their cust service form wasn't taking my login details so going round in circles) and remind them of my
order confirmation and tell them imagine my surprise to be receiving this invoice from Fedex!

[millerman]

fedex, dhl, ups, tnt.. all charge for use of their deferment account and as far as i know so do any other international courier companies also if you have a problem call fedex on 08456 070809 and talk to them, if you ignor or do not pay them without prior arangement they will take you to court!!!
ps im not saying i agree with them but its not the carriers fault its customs wanting their bit !!

[trillian]

fedex, dhl, ups, tnt.. all charge for use of their deferment account and as far as i know so do any other international courier companies also if you have a problem call fedex on 08456 070809 and talk to them, if you ignor or do not pay them without prior arangement they will take you to court!!!
ps im not saying i agree with them but its not the carriers fault its customs wanting their bit !!

I sent them an email today.

[ChrisB]

I work for TNT and they charge similar rates for presenting dutiable goods to hmce,and dealing with any clearance fees in advance,the charge is legal and in TNTs case they take suitable action to get it if needed.

Good luck

[millerman]

I sent them an email today.

i know you did im saying to call em if you want to try and resolve it ! ive been dealing with fedex for over 10 years trust me and call em ;0)

[trillian]

i know you did im saying to call em if you want to try and resolve it ! ive been dealing with fedex for over 10 years trust me and call em ;0)

Well I have sent an email to Sony as well, so before I do anything else I'll wait to hear back from one of them.

[trillian]

I work for TNT and they charge similar rates for presenting dutiable goods to hmce,and dealing with any clearance fees in advance,the charge is legal and in TNTs case they take suitable action to get it if needed.

Good luck

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.