Final updates.
After the above, the seller responded, and I got this message from eBay:
We’ve informed the seller that the item wasn’t as described.
The seller has offered you a full refund for the purchase price plus original postage & packaging, if you return the item. To get your refund, post the item back to the seller. You will need to cover the cost of returning the item. Make sure you send the item by 29 Jan, 2014.
Refund information:
Once the item is delivered to the seller, you will receive a full refund of £331.50. The refund will include the purchase price plus original postage & packaging.
I did consider sending the letter back, but then I decided that I really did not want to give the seller, and by seller I mean ****, the satisfaction of having me go through the charade of posting back either the letter or a substitute…as welling as paying for the privelege. As such I ignored their offer to return the item, and get a refund, and waited till the 1st Feb to escalate the case. This I did with a final summation of all the facts, crime number and photo documentation.
I know the common logic is that eBay always sides with the buyer, and that I never really had anything to worry about. But after some of my contact with eBay customer advisors, I still had the worry that I could lose the decision, and maybe I was an idiot for not just returning the phantom iPhone.
Anyway, I heard nothing all Saturday, but this morning I got the email saying I had won, been refunded and there was no need to send the letter back. So woo, and indeed, hoo!
So what have I learned? Well, two things mainly.
1) I am never going to buy any high value small electronics off eBay ever again.
2) Seeing the machine from the inside, as it were, I would never sell any high value small electronics. As the systems put in place to protect the buyer can be abused with relative ease.
Also, eBay CS has both complete idiots, and genuinely helpful people working there. So always make sure the advice they give you is solid by asking on the eBay community forums. If I had followed the advice from one advisor, I probably would have lost the case. Oh, and just use webchat, when you do get through on the phones it’s India, and with the best will in the world explaining anything properly was impossible