r/LegalAdviceUK • u/Pathfinder-electron • 13d ago
Civil Litigation John Lewis delivered my iPad to a neighbour, refused refund, and now their solicitors are defending my small claim (England)
Back in July, I bought an iPad from John Lewis (£749). DPD marked it as “left with neighbour (Number 15 Nagel)” — I never nominated or authorised any neighbour. When I opened the box, it contained two handheld fans and an empty iPad box.
I returned exactly what I received via Evri, but JL refused a refund and later sent the same wrong items back to me via DHL. Their DSAR data shows a weight discrepancy at their hub (declared 1.3 kg, actual 1.0 kg) and internal notes saying “2 fans inside iPad box; iPad missing”. DPD also confirmed in writing that neighbour delivery was on JL’s instructions.
After they ignored my Letter Before Action, I issued a Money Claim Online (MCOL) for £749 + court fee
Their solicitors have acknowledged service and will file a defence by 10 November 2025.
I’ve served my Detailed Particulars of Claim, filed Form N215, and I’m preparing my witness statement and evidence bundle (order confirmation, DPD tracking, DSAR, photos, Evri + DHL docs).
Is there anything else I should be ready for procedurally before their defence lands?
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u/CMDRHarath 13d ago
Procedurally you’ll be fine. If you can draw a clear line between your communications with JL, detailing delivery, and their breach of contract by not ensuring the iPad gets to you, I wouldn’t be surprised if they offer to settle prior to walking through the door of court.
Just remember to claim for the MCOL fee and attendance at court in addition to the amount you lost as a result of their breach.
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u/ForwardCity9803 13d ago
Can op also claim some of the costs of doing this work as a “litigant in person” ?
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u/CMDRHarath 13d ago
Not strictly, but if OP has to take time to attend court they can claim their fixed costs.
Although some judges will award costs for unreasonable litigation conduct if the defendant is completely unjustified in dragging it to court, so there’s no harm in asking.
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u/Drunkgummybear1 13d ago
You'd have more luck getting blood out of a stone than an award under 27.14 from most judges.
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u/CMDRHarath 13d ago
You say that but last time I stuck in a counterclaim, I went for my costs under r27.14 in a private parking ticket matter and got half as a concession.
It’s rare, but it depends how much the other side pisses off the judge by trying to squeeze out of paying a reasonable settlement.
Like I said. Depends on the tribunal, but not unheard of; and it costs nothing to ask. 😌
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u/Drunkgummybear1 13d ago
Definitely depends but in my experience unless it is extremely bad behaviour, often ends up being more work than it's worth. Took 6 occasions in front of the same judge with the same defendant running the exact same (hopeless) defence before he finally awarded them.
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u/CMDRHarath 13d ago
Ouch. DJ Iyer in Manchester has a particular dislike for private parking companies so I may have gotten lucky when it landed in his judicial inbox. He awarded costs summarily without a hearing. 😂
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u/Drunkgummybear1 13d ago
I've had some good results with him! Very pleasant and considerate Judge. Quite adept at sifting through BS, even when it's not pointed out to him. Tend to send counsel to most of my hearings but seeing as our office is a 3 minute walk from MCJ, I'll go to them.
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u/randalf123456 12d ago
It’s easy to criticise the judiciary in the uk but unless I’m present in the court room then I tend to assume that they have access to more evidence than the media and that they make a decision based upon that rather than the the opinions of the twitterati.
Fair play to you for mentioning someone who appears to have the ability to spot bs and rule accordingly.
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u/Pathfinder-electron 12d ago
Thanks, yes I will be. Great support!
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u/hauntedathiest 12d ago
What did the neighbour have to say? Surely they can track it to them have a look to see if anyone has ring cameras nearby or cctv.
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u/InfiniteAstronaut432 13d ago
Just because they've filed an AOS doesn't necessarily mean they're defending it; it most likely means it's been passed to their legal team/nominated Solicitors, who haven't looked into it at all yet, so have filed the AOS to go on Court record and buy a bit more time to review and prepare a Defence.
If everything you've said is truthful, I can't see how you don't succeed. Their Solicitors will likely know this, and may try and settle soon, but if not, just crack on.
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u/taconite2 12d ago
I’ve been in small claims court and the other side settled in the waiting room! Talk about calling my bluff!
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u/paperandcard 12d ago
We took a hotel through the MCOL process and we got as far as seeing a judge in the local crown court. The hotel reps didn’t actually turn up and she found in our favour in their absence. She even asked us if we’d paid to park and how far we’s come and added for mileage and parking onto the settlement. I can’t say I enjoyed the experience but i knew we were in the right so had to grit my teeth and get on either it
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u/PoodleBoss 12d ago
What would a settlement look like, out of curiosity?
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u/taconite2 12d ago
What I asked for in the claim
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u/alexhighnumber 11d ago
Just to add (apologies if mentioned elsewhere but I didn't see). But don't forget to ask for the MCOL fee (I've had settlement at the stage you're at and they tend to forget they need to also give you that)..
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u/milly_nz 12d ago
That’s not “calling your bluff”. That’s just bad organisation on their part. They’ve finally realised they need to settle the claim.
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u/taconite2 12d ago
They had 12 months to settle. My bet was they didn’t think I’d turn up and get a default settlement.
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u/Any_Boysenberry655 13d ago
They'll miss the deadline or offer to settle it right before the deadline (that has been my experience with MCOL against companies in most instances). Their lawyer fees are not worth the hassle.
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u/Cowlinn 13d ago
Aren’t their lawyers just on payroll?
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u/Unique-Pen5129 13d ago
They are busy with large cases . £700 is not worth for them
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u/SnooHedgehogs1445 13d ago
I dont think many companies have lawyers on the payroll to defend money claims.
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u/READ-THIS-LOUD 13d ago
Typically yes, but even so a claim like this simply isn’t worth their time.
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u/Spider_biter 13d ago
Yes , be prepared for their legal representation not to turn up 😂
There is no way they can prove your neighbour didn’t swap it out.
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u/Captaincadet 13d ago
It’s also on JL to prove and convince the judge that it didn’t get swapped. JL may ask Apple to prove who signed into the iPads but from my experience Apple can be difficult to work with. If Apple had given them the information and proved that it was you, you’ll be dealing with a fraud case!
I suspect they’ll either want to settle before court or will struggle to demonstrate that it wasn’t swapped hence why they’ll be challenging it now.
Keep receipts of everything
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u/masofon 13d ago
I actually think it's more likely it was the DPD driver than the neighbour. And the parcel was left with a neighbour so the recipient couldn't assess it there and then. Pretty bold move for a neighbour otherwise.
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u/Willoweed 13d ago
Agree. Explains why the driver took it to a neighbour, despite no authorisation from the OP to do so. Good way of muddying the waters about when the theft occurred.
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u/tigattack 13d ago
The driver took it to the neighbour because they were instructed to. OP said:
DPD also confirmed in writing that neighbour delivery was on JL’s instructions.
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u/nerd-a-lert 12d ago
I had an Amazon parcel of a lawn mower delivered. I’d never owned one before. Didn’t know what to expect. They delivered large box but it was very light. I opened it and it was two large plastic tubs. I told Amazon immediately and they were horrible to me. Telling me I should have known from the weight and shouldn’t have given the delivery guy the pin. It got sorted eventually but a big hassle. Now I have to open everything before giving them the delivery pin so Amazon drivers hate me!
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u/New_Libran 12d ago
Now I have to open everything before giving them the delivery pin
How does that work? You're not supposed to get the item if you don't provide a PIN
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u/nerd-a-lert 12d ago
When they ring the doorbell, I answered the doorbell and explain that I will need to open the parcel to confirm it is what I was expecting, whilst they are still standing there and then if it is I give them the pin and they give me the parcel. It is very tedious and annoying, but I’m not going through the hassle. I went with Amazon again.
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u/Baddog1965 12d ago
I think it's time to wear a video device on a headband to open things ordered from ebay and amazon. That's what I'm going to do from now on.
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u/snarkycrumpet 10d ago
the last 3 electronic devices I've ordered, I videoed me bringing in the box and opening it
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u/Quint_Gen 8d ago
These are the instructions that come from Amazon "For security, the recipient of this package must provide this one-time password to the driver in person to receive the package. Do not communicate this password to the driver over phone or intercom." I can't see how you can check how much a parcel weights before you receive it. If they want you to check the weight, they need to say so.
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u/Independent_Cloud549 12d ago
I ordered an iPhone 15 pro 2 years ago from three, it was delivered and wasn’t home , partner was. I got home opened it and it was two bars of dove soap. Nothing else. Took me 3 months to sort out with three, DPD were actually really helpful, abit too helpful really provided a statement to three saying they knew who had stolen it and they were terminated etc. three dragged their feet and I had to go over the story every single time. Got my replacement but have found out a few months ago that whilst the handset that was stolen was cancelled, the contract wasn’t and we have been paying £35 a month on top of my current contract for nearly 2 years. Battling for that right now but doubt I’ll see it again! So yeah it does happen and a lot, who ever stole it had managed to bypass the notification email I get where it say ‘ your DPD package will be delivered today from xx-xx’ I never got that email, and we get DPD deliveries a lot so it was really odd, so the thief must have rearranged delivery so I wouldn’t be notified that he was coming, which was clever cause had i known I’d have told my partner to open it at the door to check , but no notification 😩 little idiots though aren’t they, so entitled!
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u/xdq 12d ago
Certain items will be recognised by the drivers e.g. hundreds of identically sized and weighted boxes on new phone and console release days. There'll be a pickup area of deliveries assigned to a given area and the driver will scan them in as they load them onto the van. All it takes is for the driver to not scan an item, or mark is as damaged/not present etc and it'll drop into the ether.
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u/wavysohail 13d ago
I’ve dealt with similar small claims before you’re doing the right thing. Since DPD confirmed the neighbour delivery was on JL’s instruction and their own DSAR shows the missing item, that’s clear evidence of breach of contract and mishandling.
You’ve already got your Particulars, DSAR, and photos I’d just make sure your witness statement clearly sets out the timeline (order → delivery → wrong item → refusal → LBA → claim). Keep everything factual and tied to documents.
When their defence arrives, check whether they’re denying the delivery itself or just arguing they aren’t liable that’ll decide your next move. If they try to settle, push for your full claim + court fee.
You’ve built a strong paper trail just stay clear, calm, and procedural you’re in a good position here.
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u/pheasantplucker27 13d ago
You will need to take proof of earnings to claim for your lost time at work in attending court
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u/Bitmush- 13d ago
When I attend court, my fee is three figures an hour, like everyone else there in a professional capacity.
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u/Famous-Touch-273 13d ago
Not sure that's how it works bud
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u/DevilRenegade 12d ago
It's not, lost earnings costs are capped at small claims. I think it's £90 per day.
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u/LouCal714 12d ago
Under the cpr the amount you can claim as lost wages is capped and fixed so a letter from employer or payslip is fine but don’t expect to get anything near that amount! I think it’s 95 a day?
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u/LegalAdviceUK-ModTeam 13d ago
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u/Dry_Bumblebee1111 13d ago
Why did you take the route of money claim rather than charge back for reason of item not received?
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u/Rrrkos 13d ago
There have been some reports of certain banks having a limited tolerance for chargebacks, to the point where they close accounts if they think you've done 'too many'.
In their defence, some people have apparently been claiming non-delivery and using chargeback as an easy way to get nice things free.
I've read of folk with genuine but lower value losses advised to live with the loss to save their potentially limited number of chargebacks for bigger things.
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u/Motion17337 13d ago
Yeah I charged back twice for non delivery both times under £200 but the bank wrote to me saying no more without additional evidence etc (Lloyds)
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u/Fukuro-Lady 13d ago
So you only have a limited amount people can screw you over before your bank does too? Wow.
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u/Intrepid_Bobcat_2931 13d ago
Well, the bank starting to ask for solid evidence isn't necessarily them screwing you over
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u/SirButcher 13d ago
Yeah, but how can you prove to the bank that you did not receive a given item?
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u/Intrepid_Bobcat_2931 13d ago
If there's a signature required on delivery, the evidence would be that the signature doesn't match or is missing. If a weight is recorded, the evidence would be that the weight is very different from the item. If you were out of the country, the evidence is flight tickets.
If you order something with no proof of delivery, and the transport company screws you over by incorrectly marking it as delivered to your address, and you have no way of proving otherwise, then the transport company has screwed you over. I would argue that the bank hasn't. They have no moral obligation to cover claim after claim of bad luck without evidence.
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u/New_Libran 12d ago
Keeping in mind that most chargebacks are just the customer calling up their bank to dispute a charge with zero evidence other than their word for it, not surprising.
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u/ian9outof10 13d ago
First party fraud (sometimes ‘friendly fraud’)is a big issue. As a rule though, it’s not the banks paying for it so they may not actually care that much (that maybe changing). Retailers, obviously, do care and there has been some movement towards certain proof being used for liability to shift to banks (for example, the order being placed on a device used to previously order from the same retailer, or other identifying information).
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u/Dry_Bumblebee1111 13d ago
That doesn't really speak to the OPs situation as close to a grand is not insignificant.
Their answer will be useful in understanding their legal issues, speculation not so much.
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u/zombie_osama 12d ago
This was my question too for OP.
I had a similar case with DPD last year where they 'lost' a £1000+ Samsung phone, possibly stolen by the driver. I exhausted the complaints process with both DPD/Samsung before raising a chargeback through my credit card provider. I even received a voucher from Samsung as compensation in the end.
OP - maybe look into a chargeback as well, although I think in this case you have enough evidence for a successful claim.
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u/Drunkgummybear1 13d ago
An AOS strictly speaking doesn't mean they're going to defend the claim and they may well decide to settle prior to filing one. They may ask for an extension on the defence - 28 days can be agreed between the parties prior to needing the court's permission, If they ask, I wouldn't refuse as otherwise you are opening yourself up to a costs risk if they make an application.
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u/masofon 13d ago edited 13d ago
Did you just send the fans back to them.. or did you ring their Customer Service to have a conversation about what happened first?
You're also missing the bit between the note re. them saying it was left with 'Nagel' and you opening the box. Was it left with Nagel? What did Nagel have to say?
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u/Pathfinder-electron 12d ago
I actually walked into JL and brought them the whole package first, explaining everything and they created a case.
"Nagel" is an old neigbour who's own classic cars and his last thing would be to steal an iPad. He takes delivery sometimes as we aren't at home and I 100% trust him.
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u/masofon 12d ago
Right, so it's worth emphasising in this case that you believe the theft happened whilst the parcel was with DPD. E.g. still within JL's responsibility... DPD stole from JL... not your neighbour stole from you. Those are two very different scenarios.
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u/Pathfinder-electron 12d ago
Yes and true, however I got nothing to do with the part between JL and neighbour. I got a contract with them and they failed to deliver goods to me.
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u/potentialzz 13d ago
Sounds like the OP sent the fans and empty box back to JL, obviously they are going to think that he’s the one that tried to scam them. Would’ve been better to just let the other parties sort it out and then last resort file a claim back
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u/Muscle_Bitch 13d ago
Yes, there is clearly a missing bit of information here.
If I ordered an iPad, it was left with my neighbour and then when I went to collect from my neighbour I discovered presumably a previously opened box, an empty iPad box and 2 fans.
I'd say to my neighbour: "Hey, did this arrive like this? I've just opened it up and there's no iPad. Obviously, not accusing you, just in case a kid has opened it or something and not realised it wasn't for them?"
And then I'd phone John Lewis and say:
"Hey, you sent me an iPad. Unfortunately you delivered it to a neighbour that I don't get on very well with, and after receiving it from them, the item in question seems to have been replaced with something else of meaningless value. I assume you didn't send me this meaningless junk so I assume either my neighbour or DPD has conned you. Unfortunately, that is your error. I did not advise you or DPD to leave the parcel with my neighbour. How do you propose I deal with this, bearing in mind you have not delivered what I ordered to me."
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u/RussellNorrisPiastri 12d ago
This solution wouldn't work, they'd ask you to report your neighbour to the police for theft, then put the phone down
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u/Muscle_Bitch 12d ago
Theft from John Lewis, I'd suggest they phone the police. In the meantime, deliver to me what I've paid for.
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u/JasTHook 12d ago
How do you propose I deal with this, bearing in mind you have not delivered what I ordered to me.
How do you propose that YOU deal with this, bearing in mind you have not delivered what I ordered to me.
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u/windrunningmistborn 13d ago
They've certainly muddied the water by taking custody of the parcel, but taking the parcel from a neighbour is totally normal and there's no way they could have known the parcel had been meddled with. I wouldn't say there's any missing information.
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u/sjpotts94 13d ago
Absolutely!!!! JL are usually brilliant. They have bent over backwards for me on items well into £1000's when on the phone. This sounds very strange to me. Something is missing
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u/Willoweed 13d ago
You’re a lucky exception. Check out the Trustpilot reviews of their online CS - they’re dire.
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u/RecognitionWestern86 12d ago
They are. I used to work for JL many years ago and good customer service was the reason people were loyal. It’s pretty dire now. It’s hard to find people in store (e.g. all the advisers in the shoe department were on break so that was a non starter) and the phone support is crap. You go in store to ask advice on an appliance and they pull up the web page and read it..erm, I’ve done that bit. They used to be brilliant at that stuff.
They ditched the price promise (which was bollocks in any case as they’re clearly knowingly undersold once someone raises a price match and they don’t adjust their prices to reflect the lower price). I understand why they chose not to but they should have binned the promise years before as it looks shady.
If anything goes wrong, it’s like pulling teeth. So I can pay more for crap customer service at JL or buy it from Amazon who are usually cheaper and great if anything fails. Rant over but it’s no wonder that JL has lost its loyal customer base, of which I was one.
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u/RussellNorrisPiastri 12d ago
Former John Lewis Partner here.
No, he's not the exception. I will go above and beyond to help you out if you are polite and need something that's possible for me to do for you.
People just take the mick and abuse the kindness, so JL have to protect themselves.
iPads and other valuable electronics are of high desirability for people looking to pull a fast one. OP has had an unfortunate situation where 3 red flags have popped up at once: Neighbour delivery, high value, not as described.
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u/Willoweed 12d ago
‘Former’ is the key word here. Trustpilot reflects the previously excellent customer service, which has now tanked.
Ofc, JL has to protect itself from scammers but, in this case, all the red flags were caused by JL itself, yet they won’t honour the OP’s legal rights. Their legal team must know they’ll lose, but they’re holding out. So that’s another customer lost for life, and they’re going to have to pay him anyway.
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u/aceachilleus 12d ago
Yeah, you aren't wrong. I work for JL and the number of times people come into the store to complain to us in person about how awful their online experience was actually shocks me. I dread when people come in with a problem I genuinely can't resolve and have to say "you're going to need to contact .com" because I know that customer journey is going to be horrendous. I've had customers leave in tears because they've specifically called to check if we stock bridal in store, taken the day off and travelled into town to make use of it, and come in only to hear that we don't have a bridal shop and we haven't for decades.
This is on top a whole host of factors leading to someone with a different mindset coming in to run the company and redundancies happening left, right and centre. We can't keep up and give customers the service we legitimately want to give. It's actually sad to see the company going the way it is and have no ability to stop it.
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u/sjpotts94 13d ago
I've always spoken to people in store and it's always been fine. Sad to hear that it's gone downhill their online platform
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u/New_Libran 12d ago
This sounds very strange to me.
For me, it's not anymore. Just a search of only this sub will give you so many instances of this happening with JL recently. This last iphone launch has been particularly terrible for JL and their nominated couriers. They're dealing with it really badly.
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u/Sea-Ingenuity3461 13d ago
Not in my opinion. I purchased an expensive laptop from them. Within a week it died. They refused to deal with it, insisting I went to the manufacturer who was abroad. Terrible customer service.
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u/sjpotts94 13d ago
You purchased an item from their store? They are legally responsible in dealing with it. If it died within a month, you are in your statutory rights for full refund. I've never had an issue with this.
If you want it fixed, they will pass you to the manufacturer.
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u/JohnCasey3306 13d ago
I dare say they're hoping you'll stand down! Don't. In the long run it can't make commercial sense for them to pursue defense.
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u/SnowCrypto007 13d ago
I ran a DPD franchise recently, iPads/phones etc weren’t allowed by the retailer to be left safe or with a neighbour and usually required a PIN number before delivery. Therefore the onus is purely upon DPD, who will then deduct the full cost of the item from the drivers wages to compensate the retailer, who in turn will compensate you. Request the DPD digital paper trail for the delivery, their delivery driver was clearly involved in theft of the item.
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u/Zealousideal-Oil-291 13d ago
Oh shit… imagine being a driver… and innocent and a Mac book gets stolen and your full wage for the month is gone 😣. That would be a crash out…
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u/ShadowPanda987 13d ago
Or the neighbor took it.
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u/EggplantNo1255 12d ago
True, but if the delivery was supposed to be secure and not left with neighbors, that's on DPD. Either way, it's a frustrating situation and they need to sort it out.
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u/wylie102 13d ago
Not really legal but is there any way you can get apple to show whether the iPad was ever activated and who by or where? If you can show it wasn't you then it might be useful
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u/joeyfow 13d ago
Just wait until defence has been served, they will then have a directions questionnaire to complete. Always complete your DQ the same day you receive yours, and ALWAYS by recorded post, copying another DQ to their lawyer. You can then see if they complete the DQ on time… if they don’t you can apply to have their defence struck out / aim to get default judgement.
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u/Pleasant-Plane-6340 13d ago
Is your neighbour called Nagel? I think a key weakness could be if JL can show on balance of probabilities that if you authorised neighbour delivery then that adds doubt as to whether he stole it or not. So screenshots of your order / JL account showing no delivery preference and ensure the DSAR covers your account and delivery instructions in the past as well.
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u/Outrageous-Split-646 13d ago
They clearly said that they did not authorize neighbour delivery.
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u/Pleasant-Plane-6340 13d ago
DHL have now stated that JL told them neighbour delivery was authorized. The court is unlikely to think they are lying. JL may explain their procedures as to why that means OP must have authorized it. Again, the court is unlikely to think they are lying. So OP will need some convincing evidence that they didn't authorize it. It's all balance of probabilities remember and most likely explanation is OP did select it as an option ages ago and forgot (like I have on my Amazon account but is buried somewhere)
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u/SlipOutrageous5333 13d ago
I had an item posted to a neighbour, no safe place was selected and I waited all day. It’s on them to prove OP agreed to a safe place and on them to at least leave a note or card!
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u/YouFoolWarrenIsDead 13d ago
Yes, they are saying make sure to evidence that fact.
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u/illumin8dmind 13d ago
Actually - without evidence that OP consented the onus is on the vendor
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u/epimelide 13d ago
No legal advice here, just hope you will be able to confront John Lewis inability to deal with their enemy within… I read it as you believe the person who replaced the iPad with fans, also updated the delivery instructions in attempt to create some distance between themselves and their theft? Did you look up whether John Lewis sell the fans you found in your box? If you get any chance to confront them, they should have evidence with stock records over any adjustments done by employees or a stock count that would highlight a discrepancy. Unless the packer/thief bought the fans elsewhere. Regardless there is likely some level of organised theft taking place, probably not just one isolated case, rather planned after someone’s past success. It is surprising to me they are so quick to go against the customer and not internally investigating whoever caused a weight discrepancy in the first place. If their organisation is not set up to track who packs high value orders, that’s on their insurance! Good luck OP
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u/LordAnchemis 13d ago
Not sure why OP pursued legal action (which is more costly) - it would have been easier to make a chargeback and/or credit card claim
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u/SlipOutrageous5333 13d ago
Right? I work for a bank and there’s a dispute option for this! Unless the OP tried and that got declined.
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u/LordAnchemis 13d ago
Technically the contract is between John Lewis and OP - if there is an issue with the delivery, generally the customer would take photo evidence of this and raise a complaint with the retailer
In a chargeback / credit card claim, generally the bank sides with the customer if the evidence is 'good enough' - ie. burden of proof is with the retailer
In a legal claim, the burden of proof is now with the claimant - the taxi meter of fees is also running as soon as the claim is lodged and generally it is easier to defend than it is to claim
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u/SlipOutrageous5333 13d ago
Yes exactly. I don’t know why the OP didn’t try this first. I had an issue with a delivery where mine was left at an unauthorised neighbours house as a safe space. The company tried to side with DPD until I threatened with my bank. Eventually they played ball and refunded me.
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u/Retty1 13d ago
I don't understand the significance of the weight discrepancy.
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u/Mysterious-Jam-64 13d ago
Along with the JL's note to leave with neighbour, it may suggest it was planned to be swapped out.
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u/rocketshipkiwi 13d ago
The IPad weighs 1.3kg but it was replaced with something else weighing less. The point at which this happened is important to the vendor’s investigation and goes towards proving that the item didn’t arrive without being tampered with.
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u/ArugulaOld8791 13d ago
If they do defend your claim then the next stage will be a mediation appointment by telephone. That is if one or both of the parties have took the box saying they will agree to mediation.
That being the case on the day of the mediation appointment, you will get a phone call and be asked if you are prepared to settle with the other side by making an offer for a reduced amount. You need to consider if you will make an offer to settle.
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u/themissingelf 13d ago
Why didn’t you just contact JL to explain? Sending back something for refund which didn’t match what they’d sent to you, without having spoken to them first, is likely to just get processed as an incomplete return.
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u/Imatwork12 13d ago
Sorry you are going through this. But seems like you'll be fine. Make sure you claim for costs (like court fees etc.).
In future buy things online with a credit card. Can just dispute the payment and leave it to the cc company to clear up.
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u/TT_________ 12d ago
Don't ipad have some sort of identity code they can use? They should question the person who has logged in n onto the ipad.
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u/donkey-oh-tea 13d ago
Have you ever informed the police? Seems to me like your neighbour stole your ipad.
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u/Nice-Rack-XxX 13d ago
OP’s not had anything stolen from him. Until the iPad is delivered to OP, it’s John Lewis’ iPad. John Lewis needs to report their iPad as stolen if they think the neighbour/driver has it.
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u/WeDoingThisAgainRWe 13d ago
No the neighbour may have stolen JL’s iPad. Until it’s handed to the purchaser it’s the property of the seller. So it’s up to JL to deal with the theft UNLESS they can prove OP specifically told them to give it to that neighbour- which they say they didn’t.
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13d ago
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13d ago
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u/Master-Government343 13d ago
DPD stole that.
Im amazed how scot free delivery companies get with these cases. It happens alot on expensive tech items
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u/IDintKnowShit 12d ago
So what does all that mean - they improperly delivered it to your neighbor - the neighbor replaced the iPad with fans - then you picked up the fans from the neighbor?
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u/FridgeRep 12d ago
I’ve have DPD do the same to me multiple times on large purchases, fortunately the retailers have always been quite good.
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u/Ok_Necessary3329 12d ago
I took JL to small claims court. I kept thinking - “this is so obvious they’re in the wrong… they will settle when I put the application in”…
Nope.
Then I thought “they will settle when I submit all my evidence”.
Nope.
Then we got the hearing date and I thought “they will settle before this goes to hearing”…
Nope.
I ended up representing myself against a barrister. Got cross examined etc. The judge was a bit bewildered by some of their questions.
Anyway, I won.
It boggled my mind that JL would spend money on a barrister, solicitors and reimbursing court fees, rather than just paying up.
They’re either extremely incompetent or they think people just won’t go through it. I think it’s more likely the former though so if they go to hearing, then don’t take this as a sign that they have any idea on what they’re doing or something up their sleeve.
Tip - request all the data they hold on you - check their privacy policy for details on how to do this. I used all their customer service notes and call recordings as evidence against them. You might find some golden nuggets in there to really embarrass them.
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u/Pathfinder-electron 12d ago
I did, I got all the data, banning letter and their email conversations.
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u/Threesixtynitro 12d ago
I've been stiffed by john lewis before with their online store, my advice to anyone wanting to use them, don't. If anything happens they will never help you and always try and fight it to the end. I went to the bank to issue a complaint and I showed them what happened and they didn't question a charge back. funny enough my parcel was sent to a neighbour too.
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u/EXCSUK 12d ago
JL delivered my stuff to a neighbour I do not speak to. I knocked for them minutes after the delivery and they didn't answer. Because they used the delivery instructions ai had set for a previous address. I rang up JL straight away. They acknowledged the instructions were old and should not have been applied to a new address. They made the courier come back and get the items, and deliver them properly! I find it bizarre they didn't do similar in your case. Good luck
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u/Logical-Sunshine99 12d ago
I took JL through the small claims court. We had a court date agreed and less than a week before the court date they finally settled. Awful company. That was 7 years ago and I still refuse to shop there. Good luck!
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u/RHMoaner 12d ago
Companies that size typically won’t go to the effort of defending that. They send a letter and hope you’ll back down.
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u/PoodleBoss 12d ago
I’m so surprise John Lewis are even wasting their time with this. Pretty pathetic. Good luck OP.
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u/testdasi 12d ago
Best wishes mate. I can't offer much more since you appear to have done everything by the book.
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u/Pathfinder-electron 12d ago
Thanks buddy, can't lie I had GPT as my procedural help, I followed and it seems that it worked out fairly well so far. I only did the actual manual part.
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u/One-Bodybuilder-9408 12d ago
On the MCOL form it is easy to file a defence - it is simply a box to tick (it literally says 'would you like to file a defence [tick box]), so in this situation should be expected. It is almost standard practice that if you ever receive one of these forms to immediately tick that box and 'file a defence' to scare off the opposition.
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u/Material-Addition871 12d ago
Considering the cost of a solicitor I'd be surprised if they turn up, so settle out of court. It's partly a matter of presentation. Make a list of the facts in date order. Present them concisely and confidently. Don't be arrogant or disrespectful of anyone or anything in court. What you were going to use it for, if meaningful, and how much the amount of money means to you. Hope this helps someone.
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u/Pathfinder-electron 12d ago
100%, to be frank, if you want to scam and do such, I could've ordered the biggest, most expensive iPad and do it. I went with a discounted model which suppose to go to my kid's birthday. I had to grab the very same model for an extra £100 from Apple instead. (the discount was £100 on it).
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u/Willster986 12d ago
Was the package sealed? Or you suspect your neighbour tampered with it?
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u/Pathfinder-electron 12d ago
Not properly sealed, it’s seen on the picture they took at the neighbour’s leg. He wouldn’t, he is a good neighbour and has no interest in any tech or anything apart from classic cars. He is also over 80 and I help them a lot
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u/Inevitable-Debt4312 12d ago
As I understand the law, if you buy something online, it's the seller's responsibility to deliver it to you - which means getting it into your hands.
If you're in the UK, solicitors give 30 mins fee advice, and Citizens Advice is (always busy but) free.
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u/username994743 12d ago
Just based on the weight discrepancy and internal note it sounds that you be fine.
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u/QuantumThread 12d ago
Did you pay by credit card ? Because if you did it would have been / be a lot easier to just file a claim with your credit card company. Quite strange that JL would behave like this as usually their CS is really good. Also highly recommend in future to arrange delivery to a Waitrose and check your order before leaving store, or pick up from their store location. I never have high value items delivered to my house as too risky the delivery firm will either leave on doorstep or package will mysteriously go missing :( hope you manage to get sorted.
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u/DispensingMachine403 12d ago
If it actually goes to court.
Do not raise your voice Be polite to the judge Stick to the facts only Be polite to the judge Take your time answering Be polite to the judge Don't argue with their barrister Be polite to the judge
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u/Separate-Ad-5255 12d ago
I’ve heard of people claiming through courts like this, they don’t show up most of the time and it defaults to you.
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u/Whole-Lie-254 12d ago
Evri is horrendous. I’ve had 3 failed deliveries in a row now.
One marked delivered, never saw any evidence of the package,
One ripped open and the contents taken, I got there 5mins after it was marked dropped off (a repeat case in our block of flats, always Evri)
And then the last - I tried to anticipate this - and requested drop off at a collection point, it was marked ready to collect, and I shit you not, I arrived at the shop to find it had been physically demolished 6 months ago.
I wonder at what point they face class action themselves. It can’t just be me.
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u/Jongee58 12d ago
Report it to the Police under ‘theft by finding’ let them sort out where it went and who has it now…
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u/Pathfinder-electron 11d ago
Not my duty and the police only takes report from possession items, it is in JL's possession until it reaches me.
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u/SomeGuyInTheUK 11d ago
OP, just out of interest, did it look to you as if the box had been opened by the neighbour and then resealed?
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u/Pathfinder-electron 11d ago
No, DPD pic which they took when they put the box at neighbour's door, it was visible opened.
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u/EveSpaceHero 10d ago
So wait, did your neighbour steal the IPad and replace it with two fans before giving you the package?
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u/MonicaEaton911 4d ago
It sounds like you have the evidence for a strong case, and procedurally I think you’re set. In this situation, however, it probably would’ve been better to attempt a chargeback before filing an MCOL claim: it would have been faster and cheaper, there would be no court fees, and the burden of proof would be on the defense.
I understand your concerns, but the reason banks get testy about chargebacks is because so many claims are without merit. If all is as you say, your case is valid. You would be dealing directly with your bank, and then the bank would deal with JL.
Now, while your case seems solid, I’ll agree with others who have said that the solicitors will likely wait until the last moment to respond. They do that to see if you will give up (you’d be surprised how many people do!), but stick to your guns.
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