# Illegal Debt Collection for Customs Duty?



## gears303 (2 Mar 2021)

I received a debt collection notice from FedEx's collection agency 'ControlAccount' today (dated 12/02/21) saying if no response or payment is received within 14 days the "matter will be passed for further action". 

I received a package from FedEx a few weeks ago. 
The US company I work for sometimes sends tops to its employees with our company brand on them (which I'll admit come in handy for painting around the house):
- I did not request the package
- I did not know it would be arriving but I did take receipt of the package.
- I paid nothing for it
- There was no invoice. 
I received no letter or statement from FedEx requesting a customs fee of EUR13.24.

The ControlAccount letter stated:
"The initial sum was incurred and levied by Customs upon your shipment arriving in the country. As the recipient of these goods and with the sender not having nominated to pay the required duty, you legally became liable for these charges. We confirm that under current regulations the cost of delivery was added to the declared value of the product to make the shipment "value for customs". In addition to VAT, value adjustment may also have been calculated which represents the cost of the transport within the EU borders....We must now insist that payment of this invoice is made immediately to us...If not settled, additional costs will be incurred at each stage of the collection which will increase the liability further, with an additional EUR20 fee being added should we have to write to you again"

Should I ignore this request from ControlAccount?
- There was no binding agreement with FedEx.
- I did not give FedEx permission to act as my agent and pay the customs fee. 
- FedEx decided to, on its own initiative, to take it of my hands and pay for the import itself without first checking whether this was acceptable.
- If they had held the package and requested payment, I would have refused the package. The top was unsolicited and I would not even pay EUR13.24 for it. The first I knew of duty/customs was a debt collection letter! 
- I did not agree to any terms with the shipper before they sent the item with regards to me paying customs/duty.
- The levies seem exorbitant.....EUR13.24 and EUR20 penalty at each stage.
- The debt collection agency posted the letter very close to their 14-day deadline. I received their letter on 02/03/21 and it is dated 12/02/21. It did not take 16 days for a letter to be posted from the UK to Ireland.
- How can they just start adding on fees, when I have no contract with either party?
- Is this behaviour legal in Ireland? It is not in the UK:
Lord Sumption JSC: 
"English law does not allow a general right of recovery for benefits conferred on others or expenses incurred in the course of conferring them. In the pejorative phrase which has become habitual, there is no recovery for benefits "officiously" conferred". 
In Falcke v Scottish Imperial Insurance Co (1886) 34 Ch D 234, 248 Bowen LJ said:
"The general principle is, beyond all question, that work and labour done or money expended by one man to preserve or benefit the property of another do not according to English law create any lien upon the property saved or benefited, nor, even if standing alone, create any obligation to repay the expenditure. Liabilities are not to be forced upon people behind their backs any more than you can confer a benefit upon a man against his will."


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## dereko1969 (2 Mar 2021)

Your employers gave (inadvertently) FedEx permission to act as their agent. Instead of looking up English law, ring FedEx, ring your employer and explain the situation.
Did your employers not put a "free gift" declaration on the package? It could also be your employers fault.
Revenue may be able to assist, but start with FedEx, don't ignore it.


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## Baby boomer (2 Mar 2021)

You may well be liable for the customs duty as a matter of Irish law if you asked for the goods BUT they have some neck demanding €20 as a 'penalty'.  I'd write back to FedEx and cc Control Account (who in reality are probably an in-house FedEx operation in the next office!) telling them the goods were unsolicited, you're refusing delivery and they are available for collection by FedEx at a mutually convenient time.  Tell them that you will levy an "administrative and storage charge" of €13.24 if they fail to collect the goods within 14 days plus €20 per day thereafter.  Use their language about incurring additional costs which will increase their liability, blah, blah, blah.  
It's every bit as valid for you to do it as for them.


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## mathepac (3 Mar 2021)

All sounds a bit dodgey to me.  

I'd be reluctant to accept a package I wasn't expecting, especially one that had apparently been routed through the UK.

No doubt by signing for the package, OP agreed to the associated T&Cs.  

I'd say pay up and look pleasant and don't sign for other unsolicited / unexpected parcels.


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## Leo (3 Mar 2021)

Baby boomer said:


> You may well be liable for the customs duty as a matter of Irish law if you asked for the goods BUT they have some neck demanding €20 as a 'penalty'.  I'd write back to FedEx and cc Control Account (who in reality are probably an in-house FedEx operation in the next office!) telling them the goods were unsolicited, you're refusing delivery and they are available for collection by FedEx at a mutually convenient time.  Tell them that you will levy an "administrative and storage charge" of €13.24 if they fail to collect the goods within 14 days plus €20 per day thereafter.  Use their language about incurring additional costs which will increase their liability, blah, blah, blah.
> It's every bit as valid for you to do it as for them.



It appears the goods were sent Delivered At Place (DAP) rather than Delivered Duty Paid (DDP), as such, the recipient becomes responsible for all duties and handling charges upon receipt. Irish law allows companies to levy additional charges where fees are not paid on time. 

As the OP has already accepted the goods, simply saying the were unsolicited now does not absolve them. There are mechanisms to reclaim duty for goods that are re-exported, but that's likely to cost even more.


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## Coldwarrior (3 Mar 2021)

I'd pay the fees and expense them to your employer.


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## Lamps (8 Oct 2021)

I'm in a similar situation. What happened in  the end OP?


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## Adelie (13 Oct 2022)

Just got a similar letter except I have changed jobs since so I don’t know how helpful ex employer will be. Any update on it? Or  you @Lamps ?


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