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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47363
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Aug 2105: Fedex were called by us on behalf of our client

Customer Question

Aug 2105: Fedex were called by us on behalf of our client using client's account for a shipment to Australia.
Transpires Client did not pay the bill and FedEx are now chasing payment from us under "sender pays charges if receiver doesn't pay" clause.
additionally: Client had an arrangement for 50% discount but FedEx are not passing that discount onto us. Is that acceptable?
(It leaves a strange anomaly: FedEx charge client £10 but charge us £20. Client pays, leaving a balance of £10. So do we pay that balance? Clearly not.)
Submitted: 10 months ago.
Category: UK Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

How long ago did Fedex contact you to request payment for the outstanding amount?

Expert:  Ben Jones replied 10 months ago.

Hi there. Thank you for your request for a phone call. I am unable to talk at the moment as I am in court today but if you provide the information requested, I will review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 10 months ago.
Four months after the shipment was delivered to OZ. Sadly my client has proved undependable. I eventually got "proof of payment adn the matter was closed inMarch & I received a credit note for the original invoice..
In April FedEx re-opened the file stating that the payment had not in fact gone through. Client and I have obviously parted company and he is not responding, so I'm in the dark.
Expert:  Ben Jones replied 10 months ago.

How much are they owed?

Expert:  Ben Jones replied 10 months ago.

Is it actually just £10?

Customer: replied 10 months ago.
163;1300! it was a metaphor for simplicity. FedEx are on the phone to me right no and I'm seeing if I can agree a 50% discount with them.
Expert:  Ben Jones replied 10 months ago.

Ok thanks. Were you issued with the terms that contained the clause you refer to and did you agree them before using Fedex?

Expert:  Ben Jones replied 10 months ago.

Hi there, not sure if you saw my last query but I will reply in the meantime anyway. In the circumstances you will only have liability for these charges if you had been made aware of these terms and accepted them. For example, this could have happened when you agreed to ship the item and they would have issued you with these terms and you subsequently accepted them. They cannot charge you under terms you were not aware of or contractually bound to. Therefore, if they only had an agreement with the recipient and not you, it would be very difficult for them to say that you are now liable under those terms if you were not a party to them.

If you were notified of, and accepted these terms, then you could have potential liability. In these circumstances you should only be liable for the losses suffered by the shippers had the recipient paid them as normal. So you need to look at what amount is outstanding, i.e. what they should have paid, and only make you responsible for that. Seeking to recoup more than that could amount to a penalty clause which can be legally unenforceable.

Hat you could is to send them a payment for the amount you believe you should pay and clearly mark it as being in ‘full and final settlement’ of this dispute and if they accept it, or bank the cheque if paid that way, then they would be severely reducing their prospects of taking this further for the remainder.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 10 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.