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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a dispute with MSCUK over clearance of a container at

Customer Question

I have a dispute with MSCUK over clearance of a container at Felixstowe. They shipped the container on one vessel from Pert Australia then trans-shipped en-route without notification of change of vessel. I established arrival after the original advised vessel ETA and subsequently received notification the container was on quay from MSCUK.
I have challenged the legitimacy of the port charges to my account. They offered a reduction of stlg 500 and I counter offered a 50% payment approx stlg 800.
They have rejected the counter offer and say it was one off. The container has been cleared by customs and my clearing agents. and is being held by MSCUK.
What options do I have to reject their claims?
I have tried to contact a local solicitor in Colchester who claims to deal with marine/maritime matters but cannot get a reply.
Are you aware of somebody I can contact local to Felixstowe/Colchester who deals with such matters?
Thankyou
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Was it a UK company you paid for the shipping please?

Alex Watts :

Was there ever going to be a port charge and if so, what was it?

JACUSTOMER-3mygsks2- :

The shipper is based in Australia. They arranged shipment with MSC in Fremantle Australia with me named on the Bill of Lading as shipper (I only received a draft copy of the B/L by e-mail with no disclosure of the terms and conditions). I then received an instruction for release of cargo "Telex"Release with details for MSC to contact me via e-mail or telephone which never occurred until after the vessel had arrived in Felixstowe. I immediately arranged for clearance.

Alex Watts :

Ok - so this is a dispute between you and the Australian Company MSC?

JACUSTOMER-3mygsks2- :

There was port charges to be paid but should be only applied after the reasonable time allowed for customs clearance and collection (I believe 7 days approx). It took significantly longer due to the delay in notification of arrival and now non release by MSCUK until full payment of the port charges which I dispute due to delays by MSCUK

JACUSTOMER-3mygsks2- :

They are based in Gweneva and their company here is MSCUK.

Alex Watts :

Ok - so who did you pay port charges to? MSC UK?

JACUSTOMER-3mygsks2- :

The telex release is issued by MSC (Aust) Pty, Ltd to MSC (UK) Ltd.

Alex Watts :

Ok - so any claim is against MCC UK Ltd whom you paid?

Alex Watts :

You need to write (MSC UK) and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

JACUSTOMER-3mygsks2- :

Note MSCUK have tried to subsequently attempted to coerce me into agreeing their terms and conditions (as previously stated not disclosed by MSC Aust). I have refused and signed their release document with this disclaimer.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-3mygsks2- :

I have not paid any port charges as they are in dispute. The port charges are being claimed by MSCUK from me.

Alex Watts : Oh I see. You have your items ?
JACUSTOMER-3mygsks2- :

This is why they are refusing to release the container unless the port charges are paid in full. I am disputing these due to delays MSCUK have incurred and maintaining this should be deleted from their charges

Alex Watts : Ah I see. Well you have 2 choices
Alex Watts : 1) pay and then issue a claim as anode
Alex Watts : above
Alex Watts : 2) Dispute the charges and get a court order that they release your items
Alex Watts : The longest is going to be option 2.
Alex Watts : I might therefore suggestnoption 1 but say you are paying under dispute
JACUSTOMER-3mygsks2- :

No the container is still at the port as MSCUK will not release to me.

Alex Watts : Yes I unserstand that
Alex Watts : so options are pay and issue a claim or issue a claim for release.
Alex Watts : option one is far quicker
Alex Watts :

So you either pay and then issue a claim for the cost back

Alex Watts :

Or issue a claim and seek a Court order requiring the release

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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