Debt with Avance?

Hobbes

Got a mail from some group called Avance saying I had to pay 32 sterling or else to Fed Ex (about 2 weeks). Tried to ring them but the phone numbers on the mail do not work at all.

Rang Fed Ex about it. Turns out its VAT (checked it to be sure). I asked why it wasn't on the original doc and they gave some excuse about the items going out the day before they did VAT or something.

Asked why I wasn't warned before with a mail and they said they weren't sure. So I pay the bill by Visa.

A week later 2 mails show up from FEDEX, warning then final notice. All predated to before I rang.

Then I got on Friday a mail from Avance (dated July 7th) saying they were going to start legal proceedings on Monday 14th. I double checked the visa and they only took the money 1st July. But bill is paid.

So sent them an email.

But this seems a bit suspect if you ask me.

sickpuppy32

i was under the impression you didn't pay vat on postage stuff, i've heeard of problems when stuff comes through germany however. Dont worry bour the legal treat, its all bull and blister. Get a copy of ur visa payment and send it with a letter to them to cease os desist or you will sue them!

Sponge Bob

They bought some ****t small debts from Fedex

1. The are not registered with Data Protection in Ireland, set the data protection people on them and read this first

http://www.dataprotection.ie/viewdoc.asp?DocID=142

2. They are not registered to collect debts in Ireland , try the NCA on the subject .

3. Anyone else who gets a 'threat' from them go to the Data Protection commissioner

http://www.dataprotection.ie/

Hobbes

Thanks guys. Interesting enough of the two phone numbers and 2 email address only one email address appears to be working (in that it hasn't bounced).

Also they have 3 reference numbers but the real one is hidden near the end of the letter.

jor el

I wouldn't reply to Avance at all. You have no contract with them and you owe them nothing. As Sponge Bob has mentioned, it would be good to get the Data Protection Commissioner involved, and not necessarily for Avance, but for FedEx. FedEx have sent your personal details onto a 3rd party, without contacting you, or getting your permission. This is a clear breech of the law. A lot of companies are doing this, and getting away with it, and often people pay up the debt collectors just to get them off their back, even if they owe nothing.

evil-monkey

was in the same boat with fedex over customs charges a while back. i had agreed to pay any customs before the shipping was made, so i paid the few quid (wasn't much at all at all, a few euro) to Avance when they came looking for it. but i gave them hell over it. the letter i got off em, you'd swear i had missed my mortgage for 6 months. i owed about 4 euro for customs. a quick call from fedex asking me for this would have sufficed. instead i got this "threat" from Avance. they got their money, but i got a written apology for the manner in which they sought it...4 euro well spent if you ask me!!

good call on the data protection, had i thought of that at the time i'd have gone with it...

faceman

Without knowing the full facts there may not de a breach of the DP act depening on the contract with Fedex and where Avance are based.

However you should have been notified that Avance were pursuing the debt and reasonable effort from Fedex to make contact should have taken place.

I wouldnt pay Avance at all from what the OP has said, albeit i dont have the full facts.

Hobbes

Already paid with FedEX ages ago. Just got an email from Avance that they just received an update from Fedex and have closed my case.

pvt.joker

got about 10 threatening letters off these thugs over the last 2 months. I've been ignoring them.
Looking for 74 euro in VAT. If FedEx look for the money, I'll pay them.
Im not going to pay this crowd of Brits a cent.

pvt.joker

faceman wrote: »

Without knowing the full facts there may not de a breach of the DP act depening on the contract with Fedex and where Avance are based.

they're based in Scotland afair

evil-monkey

pvt.joker wrote: »

got about 10 threatening letters off these thugs over the last 2 months. I've been ignoring them.
Looking for 74 euro in VAT. If FedEx look for the money, I'll pay them.
Im not going to pay this crowd of Brits a cent.

the fact they're a "crowd of Brits", as you so put it, has little to do with this really...

pvt.joker

evil-monkey wrote: »

the fact they're a British company has little to do with this really...

It means they have no legal right to threaten me

evil-monkey

pvt.joker wrote: »

It means they have no legal right to threaten me

well that depends. i was just making the point that you seem to have chosen to refer to Avance as a "crowd of Brits", yet Fedex are yet to be called a "crowd of Yanks". the issue you have is with Fedex, for giving your details to these debt collectors, without first just asking you for the money. fact is Fedex have done that, and while there may be an issue there, Avance have every right to pursue you for the money...

Your issue is with Fedex, not the "crowd of Brits"...

Ste.phen

But fedex have a presence here, which I think is the point he was making.

If he'd added 'up the 'ra' at the end, that'd be different

rkevin

this was the action i took to them after a lot of mail from them and i did not have to pay
As the shipper states " Import Duty and Tax is the responsibility of you
the recipient to pay" so where dose it say for fedex to pay???
That dose not give fedex the right to act on my behalf and i have not
agreed to accept you to act on my behalf
After getting the letter form Avance yesterday i meet with my soclitor
this morning and here is my legal position

1.Fedex should have informed me of this before dispatching it from the
depot.

2. Or, the courier should of had an invoice with him stating the duty
charged and should of not given me the package without payment of the
duty.

3. Once I signed for it and had the item it became my property and was
no longer theirs so therefore could not charge any further charges.

4. Informed them that other couriers ie. DHL will not release goods
without duty paid and inform you of charges before dispatch.

5) There is no transpancey in to what Fedex is doing and it need to be
regulated which i now intend to follow up with revenue


He also informed me that he belives that fedex have breached the Data
Protection laws in Ireland http://www.dataprotection.ie by giving my
Detail to Avance and i now require the contract that Fedex have with
Avance so i can get the Data Protection commissioner in ireland to
review this case
http://www.dataprotection.ie

northdubgal

Just got a letter from Avance - A Formal Notice that i owe €40 to FedEx.. This is the first I've heard from Fedex since they delivered a package last summer..

I have received no letters, invoices etc until this Avance crowd are threatening legal proceedings if I dont pay up..

I rang dataprotection but he is unsure whether FedEx have done wrong in passing my details to a different company without my knowledge or authorisation, and he is checking it out for me.. And as usual I cannot get through to FedEx in Ireland.. All phone numbers are incorrect.

This type of thing makes my blood boil.. Just earlier today I had to sort out Meteor for my mother who cancelled them 5 months ago and she is still getting invoices and threatening letters.. She is in her late 60's and could not sleep over it... These companies's customer service is non-existant..

So to all of you who have gone through this before, what was the outcome..

jor el

Submit a formal complaint to the Data Protection Commissioner, download the form and post it off, as the online submission form is pants. This will at least get them to contact FedEx and investigate.

The guy you spoke to on the phone may not take it very far, but from my own dealings with Debt collectors and the Data Protection Office (by email), they confirmed that no details should be passed on unless you are informed, or it is included in the terms and conditions of a contract. As the recipient of a parcel, you have no contract with FedEx, so they should have contacted you first.

northdubgal

jor el wrote: »

Submit a formal complaint to the Data Protection Commissioner, download the form and post it off, as the online submission form is pants. This will at least get them to contact FedEx and investigate.

The guy you spoke to on the phone may not take it very far, but from my own dealings with Debt collectors and the Data Protection Office (by email), they confirmed that no details should be passed on unless you are informed, or it is included in the terms and conditions of a contract. As the recipient of a parcel, you have no contract with FedEx, so they should have contacted you first.

thanks jor_el, i'll do that now..

Just got a call back and I was informed that FedEx are not breaking any Data Protection rules but to still submit my complaint and they will check it out...:(

jor el

I'd say send them an email first. With me, it took a day or two to get the reply, but it was very helpful. Could be that they're very busy, and it could take a while for the response.

It does no harm to submit a complaint anyway, as they'll decide who's right and who's wrong, and it doesn't cost anyone anything if there's nothing being done wrong.

northdubgal

Very true!!

Well I submitted the online form and also emailed it directly to the complaints dept..

He said they get loads of complaints about FedEx and Avance..

northdubgal

well the DataProtection just confirmed that FedEx are not doing anything wrong or illegal.

Back at square 1

Sponge Bob

Avance are the ones with your data and are unregistered in Ireland (still)

rkevin

you contract ended with fedex when u signed for the good
that was the time for them to collect any other money
you have no cotract with fedex now and they had no right to give you details to anybody
i have put it up here how i responded to fedex and i suggest you do the same
ask for a offical invoice from revenue showing where they paid VAt for you and also tell them that you are looking into how what they are doing and how it is regulated
kev

jor el

northdubgal wrote: »

well the DataProtection just confirmed that FedEx are not doing anything wrong or illegal.

I really don't get how they're able to claim this. What is it that allows FedEx to pass on details, without being in breech of data protection? Was there any detail in their communication to you, or anything you can share anyway?

In the mean time, do as rkevin says, maybe.

northdubgal

jor el wrote: »

I really don't get how they're able to claim this. What is it that allows FedEx to pass on details, without being in breech of data protection? Was there any detail in their communication to you, or anything you can share anyway?

In the mean time, do as rkevin says, maybe.

joe_el this is what I received.

After examining your e-mail, this practice of seeking the import duty which we understand falls due to be paid, under Irish customs requirements, following delivery of goods is not one which gives rise to any data protection issues.

We understand that the duty falls legitimately to be paid and accordingly
where it is not paid, it is in order for Fed Ex to use methods including
the use of debt collection agencies to collect the monies owed.

The fact that the package was received as a gift is obviously a
complicating factor and we would advise that you bring this to the
attention of Federal Express. In terms of where liability lies for the
payment of the import duty in these circumstances is a matter that the
Revenue Commissioners will be in a position to advise you on.

northdubgal

rkevin wrote: »

you contract ended with fedex when u signed for the good
that was the time for them to collect any other money
you have no cotract with fedex now and they had no right to give you details to anybody
i have put it up here how i responded to fedex and i suggest you do the same
ask for a offical invoice from revenue showing where they paid VAt for you and also tell them that you are looking into how what they are doing and how it is regulated
kev

I never had a contract with FedEx as the parcel that was delivered was a gift.

rkevin

guys it is on this how to deal with them
dont bother talking to advance
deal with FEdEx as i did and they will s***t a brick

northdubgal

rkevin wrote: »

guys it is on this how to deal with them
dont bother talking to advance
deal with FEdEx as i did and they will s***t a brick

What way did you contact them and do you still have the contact details?

I have tried phoning, that doesnt work, tried emailing, that doesnt work, tried posting a letter to them, that doesnt work.

rkevin

sent u a messeage
dont want to put her email address here
kevin

jor el

We understand that the duty falls legitimately to be paid and accordingly
where it is not paid, it is in order for Fed Ex to use methods including
the use of debt collection agencies to collect the monies owed.

This is where I think they have it all wrong. Obviously the tax has to be paid, it's a legal requirement, but when they say "where it is not paid", that implies it was your fault for not paying. But if FedEx don't even issue a bill, how can you pay it? There was no contact from FedEx at all, right? They just go straight to the third party, which they shouldn't be allowed to do.

They should make reasonable efforts to collect the debt themselves first, and if that fails, then they would be allowed to use a debt collector. This is not what's happening though.

northdubgal

jor el wrote: »

This is where I think they have it all wrong. Obviously the tax has to be paid, it's a legal requirement, but when they say "where it is not paid", that implies it was your fault for not paying. But if FedEx don't even issue a bill, how can you pay it? There was no contact from FedEx at all, right? They just go straight to the third party, which they shouldn't be allowed to do.

They should make reasonable efforts to collect the debt themselves first, and if that fails, then they would be allowed to use a debt collector. This is not what's happening though.

Yep you're right, they never once contacted me to inform me that it had to be paid. How the hell was I supposed to know if they dont inform me. The parcel was a gift...

I have sent another 2 emails to FedEx... but I doubt anything will come of it.