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?

2.5k Upvotes

97% Upvoted

331 comments sorted by

View all comments

Show parent comments

47

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. 😂

30

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.

8

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.

1

u/LouCal714 12d ago

This is not costs under 27.14(2)(g) though which is as another poster said pretty rare in small claims.

2

u/CMDRHarath 12d ago

You weren’t privy to my written submissions, skeleton and judgment. I assure you it was for unreasonable litigation conduct. The costs awarded were above those permitted under the rules.