Second hand customs charge

by DogBalls Fri Jul 19, 2019 4:41 pm

Hello Everyone
I would like feedback on the current situation I am in.
Having arranged for an item to be brought from USA, I have paid for the item and paid the appropriate shipping fee.
The shippers are now badgering me to give them money because they cleared the item through customs.
My understanding is that I cannot be asked to reimburse them without a prior agreement.

Regardless of opinion on customs charges the customs agents have received payment and that requirement is satisfied.
A few months later SHIPPING COMPANY sends me an invoice
It contains the phrase this invoice may come as a surprise to you.
(indeed it was so I decided to sit on it and see what happened)

SHIPPING COMPANY sent the matter to a DCA. Whether I am really liable to shipping company or not the new party is highly likely to
be a third party interloper who I am not obliged to deal with.
I have requested a deed of assignment and or deed of novation from DCA SCUM
A deed of novation is tripartite requiring three signatures.
Companies dodge this requirement by putting clause in T&Cs that they can transfer alleged debt.
However I do not have any sort of contract with SHIPPING COMPANY.

In their communications the DCA SCUM have cited
The VAT act 1994
Section 43 of the customs and excise management act 1979

The letters provided on this site are very good however do seem geared specifically towards dealing with claims by banks.
With references to such things as signatures creating the credit and so on.
The provided letters I believe will need a lot of altering if further communication is required. Figuring out how to alter them
is giving me a headache though.
Any advice would be appreciated.

by pitano1 Sat Jul 20, 2019 9:49 am

https://boevat.org.uk/
Welcome To The BoEVAT Remedy

If you have come seeking remedy for unjust or extortionate penalty charges (PCNs), or any other charges for goods or services for which you haven't contracted, congratulations you have come to the right place!

However, BoEVAT requires some courage and resolve on your part; once you start with it you need to see it through. If you are frightened by these Charge Notices and you are likely at any time to go belly-up, this course of action is not for you. In which case you should consider paying up before they slap you with even more extortionate charges.

by DogBalls Mon Jul 22, 2019 6:59 pm

pitano1 wrote:https://boevat.org.uk/
Welcome To The BoEVAT Remedy

If you have come seeking remedy for unjust or extortionate penalty charges (PCNs), or any other charges for goods or services for which you haven't contracted, congratulations you have come to the right place!

However, BoEVAT requires some courage and resolve on your part; once you start with it you need to see it through. If you are frightened by these Charge Notices and you are likely at any time to go belly-up, this course of action is not for you. In which case you should consider paying up before they slap you with even more extortionate charges.

Hi?
I'm sorry but this does not help me or answer my query in any way shape or form.
I did not state that I received a fixed charge penalty notice.
To reiterate the shipping company wants me to reimburse them for the customs charge when they cleared my item through customs. Customs charges are calculated on VAT so yes when they sent an invoice it contained accounting for VAT.
Sending notices based on these requirements is not the right approach.

If there is a requirement for an importer to reimburse the shipping company in all circumstances that is buried in a piece of legislation that I've missed then if someone could make me aware of it that would be helpful.
In that circumstance the shipping companies position may carry some weight.
On the other hand if there is no such requirement that would also be useful to know. The DCA has sent a letter before action which I am slightly suspicious of, right now they are acting as if any court action would be an auto-win for them simply because customs was involved at some point.

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