Post
by rick blaine » Sun Feb 18, 2018 11:40 am
Hi Chiquitin,
You have tagged on to an old thread, one that was last posted on (before you) 15 months ago.
I'm not quite sure what you mean by "As the box was clearly labelled ... [and] indicating the total amount paid, they only charged me VAT and a handling fee (£146)"
You would have break that sum down into:
(a) any duty charged on the goods - on goods valued between £135 and £630, that's at 2.5 per cent;
(b) the VAT charged on the shipping - shipping is a service, and thus incurs VAT;
(c) the VAT charged on the duty, (a); and
(d) whatever is meant by 'handling fee',
before you go about asking for any VAT refund. AFAIK, you won't get anywhere on the first three.
There is no VAT charged on sleep apnea equipment - provided you give a signed statement that:
(e) you are a patient with sleep apnea, and
(f) the machine is for your personal use, and not for re-sale.
As to your contract with CPAP Shop, you need to modify your thinking. It does not serve any business to send out sub-standard, damaged, or scratched equipment. For one thing, it's too much hassle. And for another, sellers of shop-worn or 'marked' goods usually draw attention to any scuffs or defects, and adjust their price accordingly.
I understand you had the expectation that you would receive brand-new, unmarked equipment, but the common sense view is that CPAP Shop are not at fault here.
And even if they were, how would you prove that CPAP Shop or their technical department were responsible for the damage? The goods passed through the hands of three other 'agencies' after the goods left them and got to you.
You might make a claim against HMRC for damage, since it is more likely that they opened the third box than it is that either of the two carriers did. But HMRC might make the same defence, citing 'other agencies'. And they might also claim exigency, or 'national security, innit?'.
And even if HMRC didn't defend the case, or were found against in court, what remedy do you expect? They could argue: the machine works, doesn't it? It's not inherently a work of art and intended to be put on display, is it? What loss have you incurred?
A British small-claims court might only give you a fraction of the cost, and probably not the cost of full replacement. And they might not even find for you at all.
Better to shrug, say c'est lavie, and move on.
Last edited by
rick blaine on Mon Feb 19, 2018 4:47 pm, edited 2 times in total.