Bought an item from UK seller, out of stock, now charged import tax

[loco_deals]

I bought an item from a UK seller, for a product shown as in stock with quick delivery. Once purchased I have been told by the seller the item is out of stock and will be ordered by the warehouse. I have then received tracking details and the item is coming from China. The post office have now contacted me to say there is a £36 customs charge on the item.

Do I have a claim against the seller? I specifically chose a UK seller with a product in stock at an agreed reasonable price, now I am getting an overpriced product with long delivery from China, everything but the product is different to what what said in the listing!

Stuart

[arkwebus · Accepted solution]

Whether you do or not I am afraid that there is no simple way to deal with this through eBay.  "Small claims" really is not worth it particularly as seller is [possibly] foreign.

If you refuse [for example] to pay the Customs/RM charge you lose any further protection by eBay.  

"If" the item proves faulty you can open a "not as described" case to get a refund and there is a way to get a refund of import VAT and duty but you still lose the "clearance service fee" which used to be £12 odd if I recall.  

I'm afraid I cannot see any positive way forward.  @loco_deals 

[papso22]

Much as I hate to say it, you need to try and get eBay customer services to sort this out for you.  Before that see if you can find the policy that deals with the misrepresentation of item location, that may help you persuade eBay to give you a refund without getting the item, (which would involve paying the import VAT and clearance fee).

[loco_deals]

Hi thanks, I have paid the customs charge now, I was concerned the item would be returned and I could be waiting an age for a refund. The resolution centre doesnt seem to have an option for an incorrect listing and from what i was reading you need to select the right option or risk not being able to claim the tax.

I will wait until the item arrives tomorrow before pursuing further, if the product is wrong/faulty I might be better off claiming that way.

Ebay doesnt make it easy, their polices are a bloody minefield to work your way through!

Thanks again

Stuart

[loco_deals]

Hi thanks, I have paid the customs charge now, I was concerned the item would be returned and I could be waiting an age for a refund. The resolution centre doesnt seem to have an option for an incorrect listing and from what i was reading you need to select the right option or risk not being able to claim the tax.

I will do as you suggested and wait until the item arrives tomorrow before pursuing further, if the product is wrong/faulty I might be better off claiming that way.

Thanks again

Stuart

[arkwebus]

If you decide to return if "not as described" the seller may say that he cannot provide a label to return to China. 

We had information from eBay.  Their advice is that there is no basic difference in a foreign return.  The buyer opens a NAD case.  The seller has 3 days to supply a label and if they do not then the buyer escalates to eBay and should then get a refund. 

This - I am afraid - simplifies the system as we have heard that some foreign sellers issue a label to a random UK address [without homeowner's knowledge even] and when delivery is recorded the case will close. 

To reclaim the import charges you need to contact HMRC before despatch and follow their instructions.   @loco_deals