2025-02-05

Don't use UPS

I know I said before, but this is an update on the saga.

Executive summary

  • I had 4 parcels sent from China (same sender) via UPS, all marked with our VAT and EORI.
  • UPS tried to charge a fee, it seems contrary to HMRC advice they do not do Postponed VAT Accounting by default.
  • I refused delivery and they confirmed return to sender (I confirmed the rest by email), but only sent 3 of the parcels back.
  • They told the sender the missing parcel had been disposed off.
  • They told me the missing parcel had been abandoned because "the sender is not served by UPS", something that is clearly a lie.
  • They have invoiced for VAT (and an un-agreed disbursement fee) for all 4 parcels, and then late payment penalties.
  • It has taken over 6 weeks for this to get close to being resolved.
  • Use DHL, or maybe FedEx. Don't use UPS!

Postponed VAT Accounting (PVA)

I've explained PVA, but basically a VAT registered business getting overseas deliveries should get them without paying a fee if the sender includes the VAT/EORI when sending, that is HMRC advice to couriers. It gets declared on import and we (recipient) get paperwork from HMRC to ensure we account for it and the reclaimed VAT on next VAT return. Simple, easy, no admin fees, no delays.

  • DHL manage it - not problem
  • FedEx manage it - usually - not always - but seem to cave when pointed out.
  • UPS want a separate signed agreement with us and the sender, and extra paperwork by the sender on every shipment. No way random foreign senders will do this. It is just, in my view, incompetent. Senders know to do VAT/EORI, but not extra UPS paperwork.

What did they do wrong?

I did try a parcel via UPS and it all worked well, but the good value of the parcel was $2, one of JLCs super discounted bare PCBs. That arrived, no fees, no invoices. Surprising. That lulled me in to a false sense of security and 4 more orders were shipped using UPS. Big mistake.

First arrived and driver wants a fee paid, I said no. I actually include the VAT on the address as an address line as well as on the waybill so I pointed to the VAT number on the label and explained it should be PVA. He had no idea, and literally threw the parcel back in the van.

Of the 4 parcelled, one other was tried and my wife rejected it. On that occasion the driver was very used to such things saying loads of people reject parcels with fees - usually because they paid fees to sender to handle and UPS cocked up (slightly different to out case). This really says something of UPS's competence.

The tracking showed each of the 4 parcels having multiple refused deliveries, this was clearly a lie. Not their first.

They took weeks to send 3 of the parcels back to sender. I guess they can take as long as they like. But when only 3 arrived we asked questions. They told the sender the parcel was disposed of. This was a lie, what a surprise.

They told me it was abandoned. It took weeks to get the explanation that "the sender is not serviced by UPS". This is a lie, wow.

They sent an invoice for the abandoned parcel (VAT and disbursement fee), which is not valid, obviously. I checked the HMRC import records and they only recorded (and hence paid HMRC) for the other 3 parcels. They were charging me for VAT they apparently have not paid HMRC. That sounds really fraudulent to me.

They sent invoices for the other three, even though returned to sender.

They kept quoting their terms and conditions that they can basically lose or destroy a parcel and not be liable to anyone. Wow! I have repeatedly had to explain that I am not subject to their terms and conditions. I have not agreed them. I am not a customer. I have no contract with them.

I have explained that if they have appropriated my parcel, that is Theft, a criminal matter. If they have lied ("sender is not served by UPS") to do that, then that is Fraud, a criminal matter. I was getting nowhere.

Surprise!

To my utter shock, they sent back the missing parcel to China. It arrived there after many weeks. The UK UPS contact seems unaware of this?!

But then, I get an invoice for late payment penalties - even though I have no contract with them that could lead to such penalties. Even statutory late payments penalties are a statutory contract term and don't apply if no contract. This is verging on harassment.

They have, eventually, cancelled invoices and late payment penalties. I have not seen any attempt for them to correct the HMRC import VAT reports though.

2 comments:

  1. The best advice for dealing with companies like this is Patrick McKenzie's guide: https://www.kalzumeus.com/2017/09/09/identity-theft-credit-reports/

    That's written specifically for credit, but loads of it applies to anything.
    It sounds like you are doing most of it (keeping records etc) but one good one it sounds like you may have missed is to move as soon as possible (IE when you have enough evidence) to interacting with the legal dept instead of customer support. His point is that the legal dept is incentised to reduce risk, the customer support dept to reduce costs.

    ReplyDelete
  2. I've been through this with various couriers. In my case I'm not only VAT registered and would prefer to use PVA, I also have a Duty Deferment account with HMRC so have absolutely no requirement to utilise their fee carrying "admin" service whereby they pay the duty for me.

    I've had Fedex try to apply the late payment legislation, then had them admit no contract exists and so the legislation does not apply. They repeatedly insist that I am responsible for the VAT and duties - I don't disagree, I'm responsible for paying it to HMRC, and have made appropriate arrangements to do so - only it has already been paid!!

    This is really no different to me randomly paying your council tax, then sending you an invoice for that plus a £50 admin fee, and trying to argue "you're responsible for your council tax!!"

    The fact that I can't get a refund from the council for your council tax is surely largely irrelevant.

    ReplyDelete

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