vat

[tony t]

Last month i invested in a Go PRO 3 BLACK unfortunately it would not download the updates needed to work the remote control wifi on the Iphone etc , so after contacting Gopro exchanging emails talking to their helpline they said it must be faulty and if i send it back direct to them they would replace it.
Great 8 days later a new Gopro arrives i download the updates and everything works fine
Step in fedex who then send me a invoice for £20.99 import duty/taxes etc, i tell them that it was purchased in the uk and i have already paid the Vat i email them a copy of my receipt confirming this. today i received a email from fedex telling me

"Whilst no duty or VAT would be due on an item that has been exported, repaired, and returned, the same is not true for replacement items. Whilst duty is generally not charged on replacement items, these items do have VAT levied against them by UK Customs, as they are new imports to the UK. As such, customs have levied these charges correctly, and the invoice is payable as billed".

Regards

My reply was short and to the point "get stuffed"
Do you think i should have worded it better or should i just pay up

[jambo]

Originally Posted by tony t

Last month i invested in a Go PRO 3 BLACK unfortunately it would not download the updates needed to work the remote control wifi on the Iphone etc , so after contacting Gopro exchanging emails talking to their helpline they said it must be faulty and if i send it back direct to them they would replace it.
Great 8 days later a new Gopro arrives i download the updates and everything works fine
Step in fedex who then send me a invoice for £20.99 import duty/taxes etc, i tell them that it was purchased in the uk and i have already paid the Vat i email them a copy of my receipt confirming this. today i received a email from fedex telling me

"Whilst no duty or VAT would be due on an item that has been exported, repaired, and returned, the same is not true for replacement items. Whilst duty is generally not charged on replacement items, these items do have VAT levied against them by UK Customs, as they are new imports to the UK. As such, customs have levied these charges correctly, and the invoice is payable as billed".

Regards

My reply was short and to the point "get stuffed"
Do you think i should have worded it better or should i just pay up

Don't you just hate Tax dodgers!! Depends Tony how strongly you feel about it. is it not starange that you are being billed by Fedex and not the sales company or am I missing something, I usually do I'm Scottish

[IanH]

Watch out otherwise they will double the charge by adding a handling charge.

That said, tell them it was a repair and get them to prove that it is not. Gopro may even back you up with a nil repair invoice if they are sympathetic to your cause.

[Poly]

Jambo, It is totally normal that any UK import duties, VAT and customs handling charges are invoiced by the courier who clears them through customs on your behalf (and usually brings them to your door). This can be FedEx, TNT, DHL, Royal Mail etc... It is unusual for overseas suppliers to charge a VAT/duty inclusive price as to do so requires them to understand the VAT and Duty rate in every country they might ship to.

Tony, The bad news is I think FedEx have followed the generally accepted interpretation of the VAT & duty rules. The worse news is that in my experience FedEx are quite persistent in pursuing outstanding duty invoices. If you purchased your GoPro in the UK your contract under the sale of goods act is with the UK seller. Ideally you would have included them in the 'complaint' process but you could now see whether they are willing to pick up the £20ish charge. I'm not sure they will be obligated to though if you went direct to the manufacturer.

[kerny]

There has been post about this a month or two back by Pikey Dave he told them to get stuffed as well. When he sees this he will probably update you on it.

[Leapy]

You've bought and paid VAT for one camera and have one camera in your possession. Presumably you have proof of return of the faulty unit.

A phone call to HMR&C ?

[willk]

If you need anyone told to "get stuffed", then I'm sure Pikey Dave is your man.

The Get Stuffed Thread...

Exactly the same issue, BTW - If you ask P-D nicely, you can copy his letter

[neil.mccrirrick]

I think your on the money value added tw*ts I'm with you lol

Sent from my iPad using Rib.net

[rocknrolla]

[QUOTE=tony t;518613]Last month i invested in a Go PRO 3 BLACK unfortunately it would not download the updates needed to work the remote control wifi on the Iphone etc , so after contacting Gopro exchanging emails talking to their helpline they said it must be faulty and if i send it back direct to them they would replace it.
Great 8 days later a new Gopro arrives i download the updates and everything works fine
Step in fedex who then send me a invoice for £20.99 import duty/taxes etc, i tell them that it was purchased in the uk and i have already paid the Vat i email them a copy of my receipt confirming this. today i received a email from fedex telling me

"Whilst no duty or VAT would be due on an item that has been exported, repaired, and returned, the same is not true for replacement items. Whilst duty is generally not charged on replacement items, these items do have VAT levied against them by UK Customs, as they are new imports to the UK. As such, customs have levied these charges correctly, and the invoice is payable as billed".

Regards

My reply was short and to the point "get stuffed"
Do you think i should have worded it better or should i just pay up: k um tel um blks mr Twere u bin any way looey

[Poly]

Originally Posted by willk

If you need anyone told to "get stuffed", then I'm sure Pikey Dave is your man.

The Get Stuffed Thread...

Exactly the same issue, BTW - If you ask P-D nicely, you can copy his letter

Not quite. PD said the goods he got back were repaired (and thus no VAT and no Duty liable) the £20 he was charged was simply admin charge from FedEx. Here replacement goods were sent which do appear to be liable for VAT (although I personally don't think they should be this does seem to be the common interpretation of the legislation) - FedEx won't argue with HMRC on your behalf so they will expect the VAT and aren't likely to budge on it - compared to their own fees where they have discretion.

[Pikey Dave]

I had the exact same scenario Tony, after a "brief & frank" exchange of emails:-

Good Afternoon

RE: 544855156

Thank you for your query regarding the above invoice.

We can confirm that we have now completed our investigations and are pleased to advise that a full credit of £20.00 has been raised, leaving this invoice with a zero balance.

If you have any further queries, please do not hesitate to contact us.

Yours sincerely
Shayne Freeman
FedEx Customer Relations – UK & Ireland ================================================== ================
This email is added to this query because it references this Query Number in the subject.
================================================== =====================
Reply Ids : <201210121253.q9CCremY024262@prh00393.prod.fedex.co m>
Sent : 10/12/2012 3:05:51 PM
Received : 10/12/2012 3:06:03 PM
To : INVHELP@fedex.com
Subject : RE: Query 02956070
Reply To :

I am confused, if you need £20 to cover your expenses, what was the $29 for that you charged the sender? You appear to be charging twice for the same service. When I sent the original package via Royal Mail, the cost was £12.68 total. No hidden charges.

-----Original Message-----
From: INVHELP@fedex.com [mailto:INVHELP@fedex.com]
Sent: 12 October 2012 13:54
To:
Subject: Query 02956070

David

Reference Invoice 5-448-55156

Thank you for your e-mail.

This charge is only to cover our expenses.

If we had not cleared this on your behalf you would have to pay a broker to do it which would delay the delivery and cost you more.

I trust this explains the charge and we look forward to receiving payment.

Regards

Cliff Fletcher


================================================== =================
From :
Sent : 10/12/2012 1:56:04 PM
Received : 10/12/2012 1:56:14 PM
To : INVHELP@fedex.com
Subject : FW: Query 02956070
Reply To :


Subject: RE: Query 02956070

The original package was sent to the US by Royal Mail international signed for at a cost of £12.68. Fedex charged the sender in the US $29 to return the package, you are now attempting to elicit a further £20 from me as an "Ancilliary Charge" with some vague excuse that your automated system is incapable of handling the package. If the package had been subject to customs duty, you would have no doubt charged a Handling Fee/Ancilliary Charge, probably £20, for collecting the duty. What you are essentially claiming, is that because you didn't have to do any extra work in collecting Customs duty, you want the handling fee anyway, for doing nothing. This Ancilliary Charge appears to be an underhand way to collect that additional fee regardless of whether there is duty to pay or not.
You entered into a contract to deliver, for an agreed fee, a package from the US to the UK. That service has been completed & the contract has been concluded.



-----Original Message-----
From: INVHELP@fedex.com [mailto:INVHELP@fedex.com]
Sent: 12 October 2012 11:34
To:
Subject: Query 0295607

Reference Invoice 5-448-55156

By way of explanation, the amount billed is an ancillary charge and these are raised on entries that require a specialised clearance procedure through HM Revenue & Customs.

You will appreciate that we have an electronic system for completing HM Revenue & Customs entries which affects automatic clearance. However, for return shipments we are obliged to pull them from the auto clear channel and present them separately to Customs. This in turn creates additional time consuming work for our clearance team and these costs are not included in our standard freight charge.

The charges raised for this additional service are specifically billed to the consignee/importer rather than the shipper. The charges remain the responsibility of the consignee/importer as they relate to the importation of the goods through HM Revenue & Customs and as such require confidentiality.

We trust that this helps clarify this matter for you and look forward to receiving your payment in settlement.

Regards

Cliff Fletcher

================================================== =======================
From :
Sent : 10/09/2012 8:41:15 PM
Received : 10/09/2012 8:42:27 PM
To : INVHELP@fedex.com
Subject : invoice 5-448-55156
Reply To :

I received the above invoice today demanding £20. I have no idea what this is for & no mention was made of it when I collected my package from your Sheffield depot. I have tried on 2 occasions to contact you via your premium 08456 No. & after being kept on hold for 20 minutes I was cut off.
I will not be paying the invoice until I receive a satisfactory explanation from yourselves of a, what is it for & b, why you think I am liable for this amount.

Please feel free to contact me either by email or on 07774 ........



David.........

Customer Relations UK & Ireland,
FedEx Express Europe, Middle East, Indian Subcontinent & Africa

Tel GB: 08456 07 08 09
Tel IE: 1-800-535-800
Fax: +44 247 670 2739
Email: invhelp@fedex.com

Customer Relations UK & Ireland,
FedEx Express Europe, Middle East, Indian Subcontinent & Africa

Tel GB: 08456 07 08 09
Tel IE: 1-800-535-800
Fax: +44 247 670 2739
Email: invhelp@fedex.com

Customer Relations UK & Ireland,
FedEx Express Europe, Middle East, Indian Subcontinent & Africa

Tel GB: 08456 07 08 09
Tel IE: 1-800-535-800
Fax: +44 247 670 2739
Email: invhelp@fedex.com

[Pikey Dave]

Originally Posted by tony t

Last month i invested in a Go PRO 3 BLACK unfortunately it would not download the updates needed to work the remote control wifi on the Iphone etc , so after contacting Gopro exchanging emails talking to their helpline they said it must be faulty and if i send it back direct to them they would replace it.
Great 8 days later a new Gopro arrives i download the updates and everything works fine
Step in fedex who then send me a invoice for £20.99 import duty/taxes etc, i tell them that it was purchased in the uk and i have already paid the Vat i email them a copy of my receipt confirming this. today i received a email from fedex telling me

"Whilst no duty or VAT would be due on an item that has been exported, repaired, and returned, the same is not true for replacement items. Whilst duty is generally not charged on replacement items, these items do have VAT levied against them by UK Customs, as they are new imports to the UK. As such, customs have levied these charges correctly, and the invoice is payable as billed".

Regards

My reply was short and to the point "get stuffed"
Do you think i should have worded it better or should i just pay up

PS.
As you are in possesion of the goods & they are demanding money after the fact, tell them to feck orf.

[ShinyShoe]

Originally Posted by tony t

Step in fedex who then send me a invoice for £20.99 import duty/taxes etc,

"Whilst no duty or VAT would be due on an item that has been exported, repaired, and returned, the same is not true for replacement items. Whilst duty is generally not charged on replacement items, these items do have VAT levied against them by UK Customs, as they are new imports to the UK. As such, customs have levied these charges correctly, and the invoice is payable as billed".

So how exactly did FedEx calculate £20.99 as a VAT charge? A GoPro3 costs a LOT more than £100 which is roughly what that VAT equates to...

Have they given you the goods? I've never had goods for anything that has a surcharge to be paid.

Section 2.8 of: HM Revenue & Customs

"All replacements are regarded as importations of new goods and are chargeable with VAT in accordance with the normal valuation rules. This applies whether or not any duty relief can be claimed."

So as Poly says, I'm afraid the error would appear to be yours in approaching GoPro when your contract is actually with the original retailer under the Sale of Goods Act. However if they've already supplied the goods to you, the error FedEx's cause you'll make it not worth their time to pursue you for £21!

[tony t]

Originally Posted by Pikey Dave

PS.
As you are in possesion of the goods & they are demanding money after the fact, tell them to feck orf.

I did and this is the reply

Hi

These are charges levied against you, the importer, by UK Customs as per UK tax law. As such, these charges are payable as billed. I have removed this shipment from dispute and passed the details to our collections team, who will contact you shortly.

Regards

[Pikey Dave]

See what happens, if it starts getting sticky, ask them for a breakdown of how they arrived at the £20.99. What was the value the shipper placed on the customs declaration?