If you've left it this long to get eBay involved then you've run out of time to escalate the case to eBay and the seller will now be in a position where he or she won't end up being forced by eBay to refund the money. By failing to escalate the case and allowing it to run past the thirty day cut-off point eBay will have automatically assumed that the matter was resolved amicably and there was no need for them to step in and force a refund on your behalf. As such it is far too late to ask eBay to get involved.
On a slightly more positive note, if you paid for the item using a credit or debit card then you still stand a chance of being able to get your money back. You have a maximum of one hundred and twenty days from the date of purchase during which to contact your card provider and start a chargeback, so if you paid with a credit or debit card don't delay any further - contact them now and start a chargeback. If you do that then you should be able to get your money refunded in full.
Going forwards if you ever have to open an eBay case again and the seller tries to time you out do not allow them to drag the case out so long that you run out of time to escalate it. As soon as you open a case the seller has three working days to resolve the matter to your satisfaction - if the seller fails to do this go back into the case details and click on the blue button to escalate the case to eBay. There will be a white box on the screen to type a supporting statement to back up your case - make the most of this and then submit the case for eBay to review. In the vast majority of cases eBay tend to side with the buyer, so if they did take your side in a case they would force a total refund of your money, regardless of whether the seller agreed with the decision or not.
