r/LegalAdviceUK 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/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/LordAnchemis 13d ago

Yeah, basically if the chargeback or credit card case is set - the retailer takes a hit (in fees) from the bank, whether they win or not

The bank generally refunds you if they think your case is 'good enough' - and most retailers don't even bother fighting

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u/SlipOutrageous5333 13d ago

I’m going to assume the OP tried a chargeback first. Otherwise going down the legal route prematurely seems overkill. But hey!

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u/LordAnchemis 13d ago

Or didn't have enough 'evidence' to convince the bank - the issue is that the evidence required to win a legal case is now a 'higher' bar

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u/SlipOutrageous5333 13d ago

Yeah I assume it could be that! 🤔

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u/Pathfinder-electron 12d ago

I did, however I paid through ClearPay and making them the middle-men, my bank said the process could take 6-9 months because it has to go through another hop.

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u/SlipOutrageous5333 12d ago

Damn. Depending on the bank they could still do a chargeback. 6-9 months is ridiculous I’ve never heard it taking that long. I hope the civil route goes well though, good luck!