ignore customs seizure letter

Southend on Sea Nothing came of it. The legality of a seizure is a matter that is dealt with before a court by way of condemnation proceedings, usually by a magistrate’s courts, or in Scotland the Sheriff’s court. This is accurate. If you have any comments or suggestions to make about this notice, write to: HM Revenue and Customs 162 months. 10. This puts anyone in jeopardy when trying to respond to the complex and contradictory instructions in a notice of seizure. The first options you should consider is submitting a “Petition” in response to the Seizure Notice. I received a seizure letter for a package sent last year. An appeal against HMRC’s or Border Force’s decision about restoration is decided at a tribunal hearing. Plymouth If you disagree with the review officer’s decision you have the right to appeal to a tribunal within 30 days of the review conclusion. You do not have to be legally represented at condemnation proceedings unless you live outside the UK (see paragraph 3.6 of this notice). For the return of personal property see paragraph 2.3. If your things were seized by HMRC and are Customs goods, you should send your notice of claim to: Solicitor’s Office and Legal Services To contact them about the package could cause you to incriminate yourself and you have an absolute right not to do that. HM Revenue and Customs An example of a restoration request letter is at paragraph 4.14 of this notice. HMRC and Border Force’s general policy is not to return seized excise goods (such as alcohol or tobacco products), vehicles used for commercial smuggling or anything that is prohibited (such as illegal drugs, offensive weapons or endangered plant and animal species) or where there has been an attempt to evade any duty. They've put the ball in your court as to what you want to do about it, as they say. In your seizure notice, you are provided a Fines, Penalties, and Forfeitures (FP&F) case number and assigned a paralegal. He should refuse to accept any unknown or sketchy packages that arrive at his residence. If you have merchandise seized by customs and either lose your opportunity to get the merchandise back, abandon the merchandise, or ignore the notice of seizure, it may not be the end of trouble for the importer. The latter basically means that you are choosing to go to court and prove that you have the right to take the package and the substance contained in it. If the goods were seized by HMRC, you should write to the HMRC office whose details are shown on the notice of seizure or seizure information notice. In the letter, you will find that the customs is offering you two options on how to react. Put it down to experience. However this letter seems to be a bit different; it states that if I choose to do no action … You should challenge the legality of the seizure instead bearing in mind the one calendar month time limit for doing that (see section 3). I had some cigars confiscated by customs once... they were cubans and were sent by a friend in the Bahamas. Customs Reviews and Litigation Team It was a regular letter, not a pink slip. I have had order seized two years ago and (knock on wood) have not had another one since. Excise and Customs Law Team Customs seizure letter. The seizure notice will give you the option of requesting that the matter be immediately referred to the U.S. attorney for institution of judicial forfeiture proceedings. Hello Jacustomer,It would appear that you were sent contraband and you received notice that Customs has your property. This notice gives important advice and information about what to do if you have had something seized by HMRC or Border Force. 1.2 What this Notice is about. While you may be unsure as to whether or not you will see your merchandise (or money) … You can also consult your local Citizens’ Advice Bureau (CA). Don’t include personal or financial information like your National Insurance number or credit card details. HMRC and Border Force normally only restore a thing to its rightful owner but they will take arrangements with third parties into consideration. The letter giving you the restoration decision will tell you how to ask for a review. If you believe something should not have been seized, you can challenge the legality of the seizure. The seizure notice will give information regarding the identity of the merchandise, the location of the seizure, and citations to legal authorities. 03-29-2019, 02:31 PM #2. When HMRC or Border Force receives a request for restoration, they consider all the facts and decide either to offer or refuse restoration. By not signing the letter or notice you ensure your name is not provided in any legal fashion and by simply ignoring it the matter will normally be dropped. You can then ask for a review of the restoration decision before condemnation proceedings take place in court. The U.S. Customs Service had been overseeing the majority of trade and travel activities in the United States since 1789, but at various times also worked in tandem with the Office of the Superintendent of Immigration (established 1891); border patrol personnel (hired by Congress starting in 1924); and agricultural inspectors, who acquired their responsibilities from the terms … Read Your Charter to find out what you can expect from HMRC and what we expect from you. This publication is available at https://www.gov.uk/government/publications/notice-12a-what-you-can-do-if-things-are-seized-by-hm-revenue-and-customs/excise-notice-12a-what-you-can-do-if-things-are-seized-by-hm-revenue-and-customs. If you do nothing, as you can see, they will eventually forfeit and confiscate the contraband anyway. ... You can complain about how customs officers treated you during a customs seizure. If they seized the watches, I would do the same. It looks from the letter that my be … read more You can: Choose to pay the duties yourself. When posting a letter to HMRC or Border Force, you should get proof of posting and keep it for your own records. You will have to pay the return shipping charges. If you need more information about what to do next, beyond what is available in this notice, you should consider consulting a solicitor. Let the gear go. If you simply ignore the notice of seizure letter from CBP, then CBP will note that you made no effort to “clear” the property. This letter will warn you that if you do not file a claim within the stated time allowed, the property will be forfeited to the US … 10. Should I check that and send back letter or ignore? Challenging the legality of a seizure is a civil process, mainly to establish whether something was seized lawfully by HMRC or Border Force. The burden is on the claimant to prove goods are duty paid. Don’t ignore it, you may need legal help to get it back by petition or claim or the Government, usually, US Customs and Border Protection will keep it. Southend on sea G1 1GY. There is no other way to challenge the legality of a seizure even if you later decide to appeal against a duty assessment or wrongdoing penalty. This will result in the legal items being destroyed and a ‘mark’ going against your name. Whatever you do DON'T try and pick up the package, if it's seized let them have it. 7 Cochrane Street Have the package returned. Restoration is decided by either HMRC or Border Force but if you do not agree with their decision you can ask for a statutory review. Information about your device and internet connection, including your IP address, Browsing and search activity while using Verizon Media websites and apps. I purchased a Goyard rep as well, never heard anything from them. Last edited by fitnessNY; 03-29-2019 at 01:29 PM. Essex So, he got 30 vials of steroids shipped to his house in his name from China. You may use this letter if you want seized things returned to you (see section 4 of this notice). If you live outside the United Kingdom (UK) or the Isle of Man you must provide additional information as well as sending a notice of claim. We’ll send you a link to a feedback form. It supersedes all previous editions. Request for restoration of seized things - example letter. 21 Victoria Avenue At the same time, you can contest the legality of the seizure while asking Customs to return the seized goods in the meantime. See paragraph 4.6 below about when HMRC and Border Force dispose of seized things. 7th floor South West In the letter, you will find that the customs is offering you two options on how to react. Letter “Notice of Seizure and Information to Claimants Non-Cafra Form” What? You can withdraw your challenge against the seizure at any stage by writing to HMRC or Border Force but you may still have to pay some of their costs if the case is well advanced. All customs did was send me a "love letter" saying that they had seized my pills and that I'd have to go to court if I wanted them back. You should ignore the letter and talk to a lawyer. of stuff, just ignore the letter and use a diff source for a while if u can. In late 2016, U.S. Customs issued an unusual letter to a select group of 1000 U.S. importers containing numerous compliance publications and detailing facts … An FP&F paralegal reviews the case and issues a seizure notice to the alleged violator. It will take only 2 minutes to fill in. hairykrishna. Seizures are handles by a department in Customs known as Fines, Penalties, and Forfeitures (FP&F). I was going to take them to an IM conference and share them about with all the BHW fellows but they were confiscated. They cannot be combined because magistrates’ courts and tribunals have different areas of authority. HMRC cannot assist you with Border Force queries, and Border Force cannot assist you with HMRC queries. We use some essential cookies to make this website work. 7th floor South West They do not decide any action against a person in relation to seized things so you will not get a criminal record just because the court decides HMRC or Border Force was right to seize something. All content is available under the Open Government Licence v3.0, except where otherwise stated, What to do if you have had something seized, How to challenge HMRC’s or Border Force’s legal right to seize something, If you want HMRC or Border Force to return the seized things, Comments, complaints and more information, Import, export and customs for businesses, Notice 12A: what you can do if things are seized, nationalarchives.gov.uk/doc/open-government-licence/version/3. or have sent to a diff add for a bit. If you fill out the election form and select abandonment, then you are taking a proprietary interest in the property and agreeing to forfeiture. You cannot use the restoration process for this. When you are writing to either HMRC or Border Force, you should include any case reference numbers on the notice of seizure or seizure information notice that will help identify the goods and make sure your restoration request is directed to the correct place. If your things were seized by HMRC and are Excise goods, you should send your notice of claim to: Solicitor’s Office and Legal Services Challenging the legality of a seizure can take several months from when you send HMRC or Border Force your notice of claim to when it is heard in court. If you accept the offer and comply with any conditions related to it, the seized thing can be returned to you. Try to stay away from those phony watches. Just received a letter from US customs and border Protection. 7 Cochrane Street Border Force You can either abandon the package voluntarily, or you can choose to start seizure proceedings. But for the customs database it's not the same adress. Essex Border Force HMRC or Border Force then have up to 45 days from the date they receive your letter to carry out a review and tell you the outcome. If you do not challenge the legality of the seizure by submitting a notice of claim, you will not be able to challenge it later at the tribunal. It is important that you send your notice of claim to the correct address. You may use this letter if you want to challenge the seizure of your things (see section 3). The process of returning a seized thing to someone is called restoration. Cotton House The type of court and the document you receive with details of the hearing varies, depending on where in the UK the goods were seized. You should make sure that you send your feedback to HMRC or Border Force, depending on who dealt with your case, because each can only deal with complaints about their own organisation. You can either abandon the package voluntarily, or you can choose to start seizure proceedings. It is just that they are separate procedures that must be dealt with in different places. Letter “Notice of Seizure and Information to Claimants Non-Cafra Form” What? HMRC and Border Force can explain the options available to you but they are not able to give you legal advice. If the decision to be reviewed involves a restoration fee, the review officer may increase or decrease the fee or vary the decision to non-restoration or cancel the original decision. It will not affect any request for restoration (see section 4 below) but you will not be able to challenge the legality of the seizure as part of a request for restoration. You should ask for restoration of a seized thing in writing. U.S. Customs may seize goods if they are contrary to law. On top of this, there are “everyday” delays in the process. Failure to provide a signed authority may cause delay in Border Force giving you a decision. Good luck bud. I got the letter from customs saying they need the receipt to release the watches and if I don't call them in eight days, they will return it to sender. If you simply ignore the notice of seizure letter from CBP, then CBP will note that you made no effort to “clear” the property. A seizure notice advises the person or company whose merchandise or money has been confiscated that US Customs intends to keep it and sets forth its reasons for having decided this way. The magistrate then decides whether HMRC or Border Force was right to make the seizure. We also use cookies set by other sites to help us deliver content from their services. If, at a later date, you want to arrange for the collection of any property you could not take with you at the time, you should write to the address shown on the seizure information notice or on the notice of seizure. Yahoo is part of Verizon Media. If you have received a DEA seizure letter, this will occur after called notice of seizure of property and initiation of administrative forfeiture proceedings from the DEA. You also may receive a receive a "CAFRA election of proceedings" form from Customs. Similarly, if you later appeal against a duty assessment or wrongdoing penalty issued to you after a seizure of excise goods, you will not be able to do that on the grounds that Excise Duty was not payable on them or had already been paid unless you have challenged the legality of the seizure by submitting a notice of claim. Except as provided in paragraphs (b), (c) and (d) of this section, in no case may notice be sent more than 60 calendar days after the date of seizure. You can: (a) challenge the legality of the seizure by sending a notice of claim to HMRC or Border Force (see section 3 below), (b) write to HMRC or Border Force asking for the thing to be returned to you even if you accept it was seized legally. If HMRC or Border Force does not agree that the reasons why your review request was late amount to a ‘reasonable excuse’, you can appeal to an independent tribunal against their refusal (see paragraph 4.12). If your merchandise is seized, you have options. Alexander House Find out more about how we use your information in our Privacy Policy and Cookie Policy. This does not infringe your human rights because you have clear ways to challenge the legality of the seizure and to ask for restoration. Same address, same name, same shady super taped up packages. When you contact the post seizure unit, you should quote the reference number on any documentation given to you. It is for you to make a decision on whether you wish to challenge the legality of the seizure and seek restoration. If you are unhappy with the way HMRC or Border Force has handled your case (because of delays or mistakes, for example) tell the person or office you have been dealing with. They may also ask you to pay any duty and/or VAT due. Worse still are decision letters that ignore or mis-state the petitioner’s right to file a supplemental petition. See Request for restoration of seized things - example letter. The tribunal is independent of HMRC and Border Force. This means that unless the legality of a seizure is challenged within the one month time limit, ownership will pass to HMRC or Border Force (depending on who seized the goods). Details of your local CA are in the phone directory or on their website. An FP&F paralegal reviews the case and issues a seizure notice to the alleged violator. ), (c) do both of the above at the same time by challenging the legality of the seizure and asking for the seized thing to be returned in the meantime. My letter just said that you should not order things that require a prescription and that was all. You can contact the Border Force National Post Seizure Unit by writing to: National Post Seizure Unit For more information see imports and exports: general enquiries. If you have had several things seized and you accept the seizure of some items was lawful, do not include those on your notice of claim. You can only appeal to the tribunal about decisions involving restoration when the review has been completed. Seized Goods Letters are used to notify the seizure of items that were in the postal system, as well as those being brought into the country through Customs. The one I received did come in an envelope with the US Customs letterhead on it and the envelope did appear authentic. Loaned your vehicle to a friend or family member and did not get it back, but got this Notice of Seizure Letter? Both processes are explained in more detail in sections 3 and 4 of this notice. Wednesday 29th February 2012. If you have not collected your personal property within 2 months, it’ll be disposed of. If HMRC or Border Force does not receive a notice of claim within the time limit, you will not be able to challenge the legality of the seizure. If HMRC or Border Force and the owner of seized items cannot agree on the market value of seized goods, an independent referee appointed by the Lord Chancellor may decide the value. If the seizure involves a vehicle, it may have been restored to you immediately after it was seized, perhaps on payment of a restoration fee. The latter basically means that you are choosing to go to court and prove that you have the right to take the package and the substance contained in it. This applies whether your goods were seized by HMRC or by Border Force. i wouldnt worry about it unless u ordered a ton! Reviews and Litigation Team If the seized thing has been destroyed, HMRC or Border Force cannot restore it to you but they will usually offer you an appropriate payment instead. In those cases they usually keep the goods until the challenge or restoration is decided. He has two other packages already on their way. Seizures valued over $100,000 are sent to Customs headquarters in Washington for decision. The one calendar month period starts on the day after the seizure and ends at 11:59pm on the last day of the one month period, irrespective of how many days are in the month. My experiences have been that a couple of years ago I had a pack from an int'l source seized by customs on the West Coast; I received my 'seizure' letter & tossed it. SS99 1AA, or email: excise&customslawteam@hmrc.gsi.gov.uk. Seizures of cash under the Proceeds of Crime Act 2002 and seizures made under section 19 of the Police and Criminal Evidence Act 1984 (PACE) are not covered by information in this notice. West point Please do not send your notice of claim or request for restoration to this address because the law team cannot deal with them and it will cause delay in dealing with your case. The court may also order you to pay their costs. Do as the MODs say and just ignore any communication. G1 1GY, or email: admin.excise.appeals.team@hmrc.gov.uk. The court then sends you details of when and where the hearing will take place. After receiving my first order I had my doubts at first so I opened up a set and compared it to one I order from the company itself. Ignore the seizure and move on without the goods. The actual seizure letter appeared to be a photocopy of a photocopy of a photocopy; most of the letter was very faded, sometimes to … You must collect or make arrangements for collection of your personal property within a reasonable period (2 months from the date of seizure). HMRC or Border Force will present their evidence showing why they think the thing was seized and you will be able to tell the court why you disagree. Charges may be different for mobile phones. You can ask HMRC or Border Force to consider returning the seized thing even if: Your goods will not be restored if your reason for that request is that things were not legally seized or, in the case of excise goods, they were imported for your ‘own use’. § 1607 and 19 C.F.R. If HMRC or Border Force has seized your vehicle, you should take as much of your personal property from it as you can, particularly any high-value things. This notice cancels and replaces Notice 12A (May 2016). 3rd floor If you do not agree with HMRC’s or Border Force’s restoration decision, you can ask for it to be reviewed by an officer not previously involved in the matter (see paragraph 4.9). 162.45 of the seizure and intent to forfeit and sell, or otherwise dispose of according to law, the property described below which is Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. The number of currency seizure petitions ahead of yours; your paralegal specialist at FP&F, investigator, or agents may go on vacation or get sick, and of course something else might intervene (for example, a change in enforcement priorities, or a … They should be sent to the appropriate address shown in paragraph 3.5 or paragraph 4.4. My letter just said that you should not order things that require a prescription and that was all. HMRC or Border Force will apply to the court as soon as possible, in most cases within 6 months, in England, Wales, Northern Ireland and Scotland. If you accept the restoration offer and take back possession of the seized thing but you are unhappy with the fee you paid, you can ask for a review of the restoration decision (see paragraph 4.8). 21 Victoria Avenue Glasgow By not signing the letter or notice you ensure your name is not provided in any legal fashion and by simply ignoring it the matter will normally be dropped. Then it was seized AGAIN and I got another letter from customs. If they did not do that or you were not present at the time of seizure, you can apply for copies by writing to the address on the seizure information notice or on the notice of seizure. It does not apply to seizures carried out under any other law. U.S. Customs may seize goods if they are contrary to law. Alexander House This is usually at your own expense. Alexander House Do not trust the purported requirements in the notice of seizure like explaining why you “broke the law” (admitting a crime = bad idea) or … The review officer may contact you to explain or to ask for more information. You will get an empty package or letter saying your shit has been confiscated. HM Revenue and Customs The time limit is set by the law and there is no provision for late challenges. However, it gives different contact details for HMRC and Border Force. 3rd floor West point 2 Next Reply Author. All challenges to seizure made by Border Force must include an authority form. For both HMRC and Border Force claims please send as much information as you can so your notice of claim is referred to the correct person to deal with your case. You can find more information about the tribunals service, including how to appeal to the tribunal, details of procedures leading up to a tribunal hearing, what happens at the hearing and how costs are treated, by visiting Appeal to the tax tribunal or by contacting them on 03000 123 1024 between 8.30am and 5pm.

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