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Hello my name is ***** ***** I will help you with this.
Was it a UK company you paid for the shipping please?
Was there ever going to be a port charge and if so, what was it?
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.
Ok - so this is a dispute between you and the Australian Company MSC?
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
They are based in Gweneva and their company here is MSCUK.
Ok - so who did you pay port charges to? MSC UK?
The telex release is issued by MSC (Aust) Pty, Ltd to MSC (UK) Ltd.
Ok - so any claim is against MCC UK Ltd whom you paid?
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.
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.
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.
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.
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.
Can I clarify anything for you about this today please?
I have not paid any port charges as they are in dispute. The port charges are being claimed by MSCUK from me.
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
No the container is still at the port as MSCUK will not release to me.
So you either pay and then issue a claim for the cost back
Or issue a claim and seek a Court order requiring the release
Does that clarify?
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