on 01-27-2013 09:56 PM
If I am reading your question correctly, it has not been 45 days, so your buyers protection is still intact. You MAY be trying to file too soon. If this was an international purchase, you will need to wait at least 21 days, and maybe even 30 days; or ebay will not allow the case to be filed because the shipping normally takes at least 3 weeks.
on 01-27-2013 09:53 PM
If you mean 45 days are over, you won't be able to file a claim now. If it's still within those 45 days, you can file an item not received claim against seller. If it's too late and you used a credit card, you might get money back that way.