Transaction going horribly wrong - can any ebay expert advise?

[Tryharder]

PLEEEEEASE CAN ANYONE HELP!!!!

I recently purchased a mobile phone for DH from a seller who has a shop and not much feedback but all 100%. It was an expensive item.

The item arrived duly - it had been shipped from China by DHL. However, the seller was UK based. It was immediately apparent that the phone was faulty - OK, could happen to anyone - so I contacted the seller and then sent the phone to him at his UK address (special delivery cost over £6)

The seller contacted us and agreed that the phone was faulty and that a replacement would be sent to us ASAP. Two weeks later we are still waiting for our replacement but he has since assured us it's on it's way so fine.

However, I received a letter from DHL addressed to me directly invoicing me for the tune of over £6 customs duties (or whatever). From the information given on the invoice, it relates to the delivery of the first phone (since returned).

WTF???

Have contacted the seller several times and given him the information on the invoice asking him to contact DHL himself to pay HIS import duty. He has replied back and said if I pay it, he will refund me by paypal. Anyway, we have received nothing through paypal. He is also saying that he has had problems with DHL and assures me that I won't receive a customs bill for the second delivery when it occurs as he's not using DHL anymore...

So, before I go in guns blazing, what is going on? Should I pay this customs bill and wait for him to refund me? Should I tell DHL to forward the letter to him as he is the UK importer, not me - there was no mention of the buyer having to pay customs duty or any such thing on the ebay listing.

And also what extent does paypal protection cover things like this?

Long and ranty, sorry. Can't believe the incompetence of this seller. DH thinks I should just pay it and forget it but it's not about the money really, it's the cheek of this guy - we are already £6 out of pocket for having to return the farking thing in the first place.

Haven't left feedback yet, the guy is on his way to a serious neg but I want to be fair...

id give him chance to put it right before leaving negative feedback.
if he doesnt then let him have it!

It doesn't matter who he uses - DHL or anyone else - customs is applied by the government and not the carrier. DHL will have paid it, and are trying to recover their money. Any future carrier he uses will also have to charge it - it's a tax the British government set, not a DHL cost.

You're responsible for customs duty on anything you buy internationally. BUT if it's been sold to you as as local, so you weren't aware of any customs liability, then don't pay - tell DHL what has happened (that you didn't purchase anything internationally, the item may have been shipped to you but was still the responsibility of the UK seller and that was shouldered by him within the overall purchase price) and enclose a print out of his email acknowledging the liability for customs is his to pay.

I'd also open a Paypal dispute asap, because that may concentrate his mind wonderfully.