Freight forwarder holding cargo: what can I do?
Ask who controls the cargo, which charges are outstanding and exactly what terms support the claimed lien. Gather the booking records, challenge disputed items in writing and negotiate a documented release while seeking urgent legal advice if sale or serious loss threatens. Cambridge China Bridge can help assemble sourcing and shipment records.
Find out who is actually blocking release
Ask the forwarder to confirm the cargo's location, condition and physical custodian, and who has instructed that release be withheld. Request a written explanation separating its payment demand from any carrier, warehouse, customs or document issue. Map the parties using our guide to sourcing agents, forwarders and customs brokers.
Request an itemised account showing the debtor, shipment references, unpaid invoices, disputed additions and accruing charges. Record any threatened sale, disposal or movement and ask for the notice in writing. Use checking a freight invoice against the quote to examine the charges rather than restarting the whole freight negotiation.
Retrieve the UK terms actually used
Collect the quotation, booking acceptance, account application, credit agreement and the exact terms supplied at the time, including their edition. GOV.UK guidance stresses bringing trading conditions to the customer's attention before the contract is concluded. Ask the forwarder to identify when and how it supplied the terms it now relies on.
If it refers to British International Freight Association terms, request the actual document and check its membership. Ask your solicitor to examine whether those terms formed part of your contract, any negotiated changes, the governing law and dispute forum, payment provisions, restrictions on withholding payment and claim deadlines. Do not substitute a current website download for the booking records.
Make the claimed lien specific
Ask for the precise clause or other legal basis relied on, the debt it allegedly secures and the goods or documents affected. Ask whether the claim concerns only this shipment or also unrelated account debts. Have a solicitor assess its scope and validity; the forwarder's description alone is insufficient for your release decision.
Give your solicitor evidence of cargo ownership, who booked the transport, whose account owes the charges and any intermediary involved. Request separate explanations for withholding goods, withholding documents and threatening sale. Ask the solicitor to assess any claimed sale power and notice separately from the claimed right to retain cargo.
Negotiate release without losing the dispute record
Propose payment of agreed charges, a negotiated payment under protest, or security acceptable to the parties, such as a deposit or guarantee. Ask your solicitor to draft the reservation of your position and review any settlement wording before payment. Do not assume that labelling a payment 'under protest' settles its legal effect.
Obtain written agreement on the payment recipient, what will be released, who will authorise collection, when release will occur and which charges will stop or continue. Confirm operational release with the custodian. Check cargo release documents and separately plan to contain demurrage, detention and storage charges.
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Get urgent advice before the cargo or evidence changes
Contact a solicitor experienced in freight disputes promptly if sale is threatened, goods are deteriorating or delay could seriously disrupt your business. Explain where the cargo is and which UK jurisdiction the terms specify. Ask whether urgent court action to preserve or recover the goods is appropriate, what evidence is needed and what costs or security it could involve.
Send a concise chronology with the contract records, invoices, written objections, payment evidence, ownership documents, cargo location and threatened action. Preserve messages and document the likely commercial loss and practical alternatives. Ask for a written pause on sale or disposal while release is discussed. Cambridge China Bridge's staff in China can help gather factory and shipment records for your adviser.
Frequently asked questions
Can a freight forwarder hold goods for another invoice?
Ask which clause allegedly covers other account debts, whose debt it is and which goods it covers. Give the contract and ownership records to a freight solicitor to assess the claim.
Does disputing the invoice get my cargo released?
Do not rely on your objection alone to arrange collection. Request a written release proposal, identify agreed charges and seek advice on payment or security while preserving the dispute.
Should I pay freight charges under protest?
Compare the cost of delay with the disputed amount. Ask a solicitor to review the payment wording and obtain written release arrangements before paying; do not assume the label protects your position.
What if the forwarder threatens to sell my goods?
Request the notice and claimed sale basis immediately, preserve ownership and contract evidence, and contact a freight solicitor urgently. Ask for a written pause while your adviser assesses the threat.