Taking Legal action against Fedex

Discussion in 'Silver' started by damien192x, Aug 13, 2011.

  1. damien192x

    damien192x New Member

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    I have provided FedEx with an ATO private ruling several weeks ago proving them wrong and requesting $2,500 GST be refunded to me. They have been ignoring me since. I don't want to deal with them anymore, the customs team are absoultley rude, unhelpful and despite now having a signed piece of paper telling them that they have incorrectly withheld money (GST) on silver and gold bullion imports, I still don't have it back after nearly 4 months. The cash itself isn't a problem, I am not struggling by any means, it just really makes my blood boil because if I owed a company $2500 and was not paying up, I would be hit with late payment fees and surcharges! What should my next step be, I am speaking to a solicitor next week (family friend.. so hopefully I will get free representation and advice) But I am so sick of wasting my time!!
     
  2. Captain Kookaburra

    Captain Kookaburra Well-Known Member Silver Stacker

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    You are not alone there.
     
  3. Dwayne

    Dwayne New Member

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    Have you considered the small claims tribunal?
     
  4. registered nutcase

    registered nutcase New Member

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    I think you should be able to tack on intrest, perhaps talk to contract laywer about how compaines charge intrest and late payment fee?
     
  5. SilverPhoenix

    SilverPhoenix New Member Silver Stacker

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    In banking its called undue enrichment. Compensation is calculated on 24 hour rests using the RBA cash rate. Regular prt of business when funds have been up/delayed.

    give it a go. I for one am tired of being hit by late fees and not having it go the other way. After all, even the ATO pay you interest on your refund if its been delayed unecessarily!!!
     
  6. hungry_jono

    hungry_jono New Member

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    Sent you a PM Damien.
     
  7. 1for1

    1for1 Well-Known Member

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    Good on you mate.. we need people sticking up for rights or else we will collectively get walked over..

    FedEx have messed me around also.. so i wish you the best of luck.. please let us know of any outcome.

    1for1
     
  8. Gold Kiwi

    Gold Kiwi New Member Silver Stacker

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    Please keep us updated on any progress.
     
  9. Austacker

    Austacker Active Member

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    If there are enough people perhaps a small class action against them to reduce individual costs ? No idea on the outlay but a dozen or so claims for $500+ may make it worthwhile. Just a thought.
     
  10. Big A.D.

    Big A.D. Well-Known Member Silver Stacker

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    Ask your lawyer friend if this is something that can be dealt with via the Small Claims Court/Tribunal in your state. The sum is less than $10k so its quite likely.

    Also, don't get bogged down with the thing about Customs and how complicated tax law is and how it isn't FedEx's job to interpret it. You've been billed incorrectly. FedEx were the ones who took the money from you and what they did with it after that doesn't matter. They could have given it to Customs or they could have spent it on cocaine an hookers but FedEx were the ones who took your money and your beef is with FedEx.

    Also, if you do end up taking it to court, let us know! There are a lot of people in the Silver Stackers community who'll be happy to come along and give you some moral support if you want it.
     
  11. silversurfer2010

    silversurfer2010 New Member

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    I'm in for a class action - they are fleecing us. The reason they get away with it is because we are just attacking them one by one with no teeth. I'll gladly sacrifice 25% of what they owe me to have them kicked in the balls and dragged into the spotlight. There's room here for a legal team to make some quick bucks. I'm too busy to organise anything of the sort. But if anybody here has any ideas make a thread and let's get our stolen cash back - plus the amount that we would have accrued by investing in silver (which we all would have done).
     
  12. BullionBench

    BullionBench New Member

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    Retain JP certified copies of every piece of paper you send, send everything via registered mail with signed proof of delivery or, even better, personally deliver to their place of business and take video footage of this. Put them on notice, put a default clause in the notice and make it clear that all your correspondence is a matter of public record. They will either resolve the matter to your satisfaction or enter into default - in which case you take the matter to court and make it clear to the court via affidavit that all other options have been exhausted.
     
  13. damien192x

    damien192x New Member

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    I called them 7 times repeatedly and they are now refunding me. I think the best way to get back at them now will be to never do business with them again. Thanks people.
     
  14. hiho

    hiho Active Member Silver Stacker

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    good result, painful process?
     
  15. XB

    XB Active Member Silver Stacker

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    Better yet, have many many people never do business with them and let Fedex know you are doing this and why
     
  16. Matthew 26:14

    Matthew 26:14 New Member

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    Slap a Magistrates civil case against them with costs. Or try the ATO.
     
  17. dross

    dross Active Member

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    I had a friend who had money owing to him from a large company, he went to petty claims i believe it was know as back then & filed 10 claims for $200.00 each. He named a different person on each claim including the CEO, chief financial manager etc, they would have had to have flown interstate to attend each case (1 week a part) & the cost to them would have far out weighted what each claim was worth, they paid him, funny that, nothing like a Greek vendetta.
     
  18. sammich

    sammich New Member

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    I'm also in the process of recovering about ~$200 in GST.

    I initially spoke to customer service on the phone, who emailed me back saying GST is payable. I forwarded him the law, he replied back saying he will forward it to the billing team. Got a response saying I should take this matter up with their complains team. Absolutely useless so far, I don't understand why he couldn't forward it on for me.

    I just sent an email off to the complaints department, let's see how they respond.
     
  19. registered nutcase

    registered nutcase New Member

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    Try the department of fair trading. Companies just LOVE having to deal with them! Threaten to lodge a case against them
     
  20. Haggai 2:8

    Haggai 2:8 Member

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    Don't expect a response any earlier than 9 working days.
     

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