How does a dispute get resolved

[rw190269]

My buyer entered a dispute for non-delivery. Paypal have withheld the money that the buyer paid, pending resolution.

Postage was tracked and it has now been delivered.

BUT the buyer now claims item was not as described! I know it was correctly described and believe the buyer damaged the item after use.

After an exchange of message via the Paypal resolution centre, the buyer and I have reached stalemate. I cannot find a way to claim my funds back because Paypal seems to treat the item as "Paid" even though it is still withholding funds!

I have 3 related questions please:

1. Buyer and I cannot agree, so I get the FIRST dispute about non-delivery removed or resolved?

2. How can I enter my own dispute about the buyer for non-payment, given that Paypal shows it as paid even though the funds are being withheld?

3. If need be, I am happy for ebay/Paypal to adjudicate, but how do I trigger the process?

Thank you all in anticipation.

[plpmr]

1 - there cannot be two open cases at the same time for one transaction.

2 - they paid so no unpaid case can be opened.

3 - have you entered the tracking in to the 'first' case proving delivery?