Strange situation concerning flute transport

[jim stone]

A couple of months ago I bought an Olwell flute from a nice fellow in Scotland, which arrived safe and sound. Several weeks later I got a bill from the transporter that I owed 70 dollars in customs. My reading of the customs law is that there is no customs on a flute made in the USA, sold overseas, and sold back in the USA. I called the transporter--the agent told me a dispute with customs would be filed on my behalf. I called back an hour later and another person at the same outfit told me there would be no dispute and that the money had been credited to me. I had nothing more to worry about. Over the next months I deleted all record of the transaction.

This morning I received a call from a brokerage that said it was handling the dispute. I explained that there was no dispute, but the brokerage insisted there is one. I called the transporter's customer service. I wonder if people will check my moral intuitions and also tell me if you've ver been in this situation. The letter is to the brokerage, reporting on my conversation with customer service.

Dear head of brokerage firm,
 
Thank you for the tracking number. Sally C (customer service) said the dispute had been cancelled and the charge credited. She then realized that she was misreading what had been written--the credit was merely pending and conditional on the success of the dispute. Apparently the transporter agent I spoke to second (when I first called the transporter about the charge) misread the credit, as Sally C did initially, and told me there was no dispute and that I owed nothing. I have proceeded in good faith on what the transporter told me, this was some time ago, and whatever problem remains about money isn't mine. Also I believe a prudent and responsible business would agree.'

In short I was told by the transporter, some time ago, that there would be no dispute and I owed nothing. This was based on a confusion. Meanwhile the dispute is going on and they want info from me that I deleted because of what I was told.

That's it. Comments/advice welcome

[kkrell]

Good luck. A debt remains a debt despite the assurances of their agent. Just as the IRS will hold a taxpayer to an amount they determine is due, regardless even if the taxpayer received & followed advice given by an IRS employee about the topic.

"I believe a prudent and responsible business would agree." It would be nice, and that could happen.

Seems to me your best path is to determine that if there is indeed a dispute, can it yet be resolved in your favor. Perhaps there is still some documentation that you can provide: Bill of sale, record of an out-of-country payment, photos, letter or serial # history by Mr. Olwell indicating country of origin. Of course, any correspondence, email, etc. that can be retrieved could be helpful. Also, if the brokerage has record of a charge, than they should already have access to the transaction in which they think it was incurred, ie: transport & customs entry/exit dates, documents, valuation, description, sender, etc. There should be a public record that may satisfy much of the information they are requesting from you.

[tstermitz]

Much as I hate paying things I don't have to...

It might be cheaper to pay the $70 if you knew that would stop the problem.

It would also be interesting to know exactly what the problem is, and why they think you owe $70.

[radcliff]

No real clue, but I guess that $70 could be the 5% custom fee import on a flute (woodwind musical instrument) with declared value of $1400.
It may be avoided if the sender add "USA origin" at the bottom of the invoice form (that must be filled along other shipping paperworks).
Will you manage to win over this burocrazy battlefield? Good luck!

[jim stone]

Thanks everybody! I'll continue with the dispute, I've decided.
The transporter may well have the info Kkrell mentioned
and I'm in touch with the brokerage that is handling the dispute
for Fedex. Fedex doesn't know how to read its own computers and
twice told me the dispute had been settled in my favor--not so, it turns
out. I'm travelling West, in fact, and write from a
motel in Clinton, OK. It is very good to get away from all this.
It seems increasingly to me that buying flutes from overseas
is more trouble than it's worth. Also the transporters, or at least this one,
are very confused. Thanks again!

[jim stone]

An update: I've e mailed the fellow in Scotland a form to fill out vouching that he bought the flute from America--sent it Friday. He hasn't responded at all so far. Meanwhile re-reading this
helpful thread, I think Kkrell is right--Fedex's assurance that I owed them nothing
doesn't absolve me of moral responsibility to pay the debt.

[jim stone]

Just to say the Scottish seller is now in touch with me. He has been
travelling, as I am. Onward through the fog!

[jim stone]

OK, this is crazy. I tried to pay the bill but the transporter won't let me
pay it, because there is a dispute in progress. I appealed to them to
take my money, they refuse. This has taken about four calls, disconnections,
etc. Finally they decided to take the money they say I owe them, but their system has failed and
the numbers won't go through. They asked me to call back later.

It seems to make sense, at least with this transporter, to pay the duty in the first place,
even if you in fact owe nothing, than to go through what seems to be hours
of phone calls, e mail correspondence, etc. Unless it is entirely beyond your
means. Mondo Kafka.

[kkrell]

Don't pay until the dispute is resolved. Something is already in progress.
"It is often easier to ask for forgiveness than to ask for permission."

[jim stone]

I have paid, finally. The Fedex brokerage, which is handling the dispute, assures
me that the dispute can go forward even if I pay. i will be reimbursed if
it succeeds. This, after a lengthy battle, has also been accepted by Fedex Express.
This way I don't have to think about it. So far, neither of the two
forms required have been filed, and there is no telling whether
both of them will be. I think I've made 20 phone calls and/or e mail efforts
to get things straight. Different departments say different things, and
different people in the same department. I've been at it for nearly a week.
And there is no telling that the dispute, if ever it does go forward,
will succeed. My time, not to mention my sanity, is worth the mistaken
custom's charge. Thanks for your helpful posts.

[jim stone]

It continues. The brokerage writes that the exporter's form, which I received back from
Scotland and sent to her,, is incomplete. Various numbers need to be written in. Nobody told me this until now. I called and asked her if she could fill in the numbers herself. She can't, she said, but I can.
So I did and resubmitted. She has written to me now that she has mistakenly deleted the
Importer's Form, which I submitted several days ago. I'm sending her a fresh copy. Chaos
and confusion reign. This has gone on for a week, sometimes hours a day. I think we are now
in the clear and it remains to find out if Customs will be satisfied the Olwell flute originated in the USA.
If so, the confusion on Fedex's side is so thick that it may be another long
struggle to be re-imbursed.