Am I screwed?

[thefirstmrsrochester]

I posted first back in January when an item I had won & paid for didn't turn up. This was during the heavy snow so I left it over 2 weeks before contacting the seller who advised would make enquiries.
A few weeks later I made contact again and seller was in process of trying to get a refund from royal mail - the item cost more than the maximum you can claim from royal mail.
I was being nice so I offered to wait until refund was made & I would accept the refunded amount (thereby being out of pocket myself but not as much as the seller who effectively lost an item).
I then heard nothing until earlier this month when I contacted the seller again to be told no refund was forthcoming from the royal mail as they claim not to have received the receipts and claim form so seller was having to sell some more items on ebay to raise funds to refund me (and another buyer whose items didnt turn up).
Since then, tumbleweed.
I dont really know what I can do next. I probably should have opened a case but now, over 3 months down the line I dont have the item and I dont have a refund of any sort.
The seller seems genuine to me and extremely unfortunate to have had 2 items go missing in the post but im getting irked now as I feel I have been more than generous and still am down financially with nothing to show for it.
Am I too late to open a case?
TIA for any wise words of wisdom.

[cathan]

I think if it's more than 45 days since you paid for the item you may not be able to get a refund through Ebay. If I were you, I'd try to do that straight away. You go through the Resolution Centre and start a case against the seller. In my experience, however "genuine" the seller seems, you would be better advised starting a case for refund within a short period of a problem arising - you can always cancel the process if the seller does the right thing. If the case gets resolved, then nothing bad happens to the seller - and if it isn't resolved to your satisfaction, you have a good chance of getting your money back, especially if you paid by Paypal. Remember, the seller's problem is not your fault. You paid for something in good faith which you haven't received. Good luck!

[fergoose]

Yes you are too late - if you paid by credit card, or debit card verified by Visa, then go to them and start a chargeback for your money.

You only have 45 days to open the case, the seller has probably been stringing you along waiting for this time to pass. You are now way too late for neg feedback too unfortunately.

[MisForMumNotMaid]

Go online to live chat ebay customer support. They can see the dialogue between you and seller. I believe You can report a seller even if the feedback window is closed.

Small claims, threats if not actually wanting to carry it out, is still an option open to you. Presumably you have a paper trail of seller saying they'll refund?

[thefirstmrsrochester]

Thanks everyone.
I used my visa debit card to pay and I do have all the email exchanges.
I have sent another email today - I really did/do believe the seller has been very unlucky but perhaps I've been overly patient and too trusting
Maybe seller will reply to me - ever hopeful!

[fergoose]

I doubt they will reply - I agree you have been far too trusting.