Open case for item not arrived and then item arrived and is faulty

[2013alfie17]

Hello,

I recently bought a Nintendo DS with a game cartridge on eBay, the seller took a long time to post out, they said they were away for work, so they posted a week later. Come Friday, I then got a card through the post from the Royal Mail saying that the full postage hadn’t been paid. I had to pay the Royal Mail another £2.50 on top, which I did. 
I’m I wanted a refund for this extra postage cost from the seller so I opened a case saying the item didn’t arrive and that I’ve had to pay extra postage to receive it. The seller agreed to the partial refund but I’ve received nothing as of yet.

It is now Monday and the DS has arrived however I’ve found that the top screen has dead pixels and the left shoulder button doesn’t work. The item isn’t as described, it’s listed as used but fully functional. I’m not really sure how to proceed because I’d like to keep the cartridge and tbh I’d rather not have to return the DS and buy another one but again it’s not as described or fully functional. 
I don’t think there’s a way of opening another case with eBay that it’s not as described while the case that it hasn’t arrived is open and I’m not sure if they let you open one after that has been resolved. Any advice for this would be appreciated, is it possible I just need to try and negotiate with the seller for more significant refund?

Thank you

[kensgiftshop]

@2013alfie17 

You'll have to close the INR case and open an INAD.

[natoman777]

The item not arrived case should close automatically if they used tracking.  If not, mark it as received.  Then you will have to open up a return.  You could simply do defective, or item not as described.  It should be a pretty simple process.

[fab_finds4u]

I'm thinking it's fraudulent to say you had to pay extra postage which you did, and wanted the extra postage so you opened a case  saying the item didn't  arrive.

If you wanted the extra postage you tell the post office to hold the package while you get the additional postage from the seller because eBay can't  force them to pay it. If the seller  doesn't pay you then you decide to pay it without getting reimbursed or you refuse delivery. You would be covered for refusing delivery when postage is due.

To claim not received when you have it in your possession when you made that claim is a false claim and abusing the MBG policy.

Close that case and open a not as described case. Sellers don't  have to negotiate a partial refund letting you keep some of the products. Be prepared to return everything. If you don't  then the seller can deduct up to 50% off of the refund.

[buyselljack2016]

...

[buyselljack2016]

https://community.ebay.com/t5/Returns/Case-open-for-item-not-arrived-but-item-has-then-arrived-fault...

[2013alfie17]

Item was not in my possession when first case was opened. I have now closed that case. I’ve messaged the seller chasing my refund for the postage and mentioned the fault with the product but have received nothing from them.

[donsdetour]

do you have the option to open an item not as described case?

If not you will need to try your payment method.

[2013alfie17]

I reached an agreement for a partial refund with the seller, all good, thanks for the help