Problem with ebay seller, should i just open a case?

I feel i have given them ample time and warnings to resolve the issues..... in the first week of December i ordered a toy (a Christmas present) it had stated item would be received 5 working days.....i left it a little longer than that (about 1 and a half weeks) before i contacted them, basically i asked them... show more I feel i have given them ample time and warnings to resolve the issues.....

in the first week of December i ordered a toy (a Christmas present) it had stated item would be received 5 working days.....i left it a little longer than that (about 1 and a half weeks) before i contacted them, basically i asked them when the item was sent and when they expected it would be received....o got no response, all in all i must of sent aprox 3-4 emails asking about this, finally i got man and gave them a last warning, that if i got no response i would be opening a case against them, less than an hour later i got a response saying that due to the time of year post was delayed, i replied letting then know that the post wasn't that delayed and all other items i had ordered the same day and after had all come through by now (by this time it was about a week till Christmas) again i get no response. I emailed again asking what they had planned to do to resolve the problem, again no response.......finally a few days before Christmas the item turns up, it was extremely poorly packed (a bit of bin liner and a little tape) so the box the toy was in was damaged, battered corners and a hole in it.

i didn't bother to email about this, so i left negative feedback, saying, slow delivery, bad communication and damaged box.

within a few hours i got an email asking i change my negative feedback, i told them i had a negative experience, therefore i leave negative feedback and had no intention to change it.
he then suggest that if i changed my feedback, he would give me a 50% refund of the item.
i said a 50% refund was the least he could do for all the problems i have had. He emailed again saying that he would be happy to give me a part refund, if i would conform i would change my negative feedback. I replied saying I should be offered a refund because of bad experience and damage of an item, not just so i will change my feedback and that being told to do so gave me more reason to give negative feedback.
finally I received an email saying that a part refund had been sent to me. (i think that was the 22nd dec)
i thought it might take a day or two to process, but then i also received a ebay refund on the 24th of December and it showed up instantly (this was from a separate company, where item had been lost in post)

so the day after boxing day i emailed stating i had nit yet received my refund......again nothing. It seems they only respond when you give then bad feedback or say you will be opening a case against them.
so today i emailed again telling them if i did nit get a response i will be opening a case against them.....so now i am waiting, but really i am wondering why on earth i am giving them the chance to solve the issue that i have already had so much hassle over!

should i just open a case now or give them a chance to sort it out without doing that?
Update: Their feedback was mostly good, but it seems they make a habit of ignoring people when things do go wrong, as all negative feedback said stuff like, emails had been ignored, no communication etc!
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