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Opening a case when a return is still showing in transit

Hi I have returned something and the return is still showing in transit as the buyer wont change it and is ignoring all emails.  I stupidly didnt put it on a tracker as they asked for the cheapest postage but regardless of that the item was misleading and nothing like i ordered and was also badly made so i want to open a case to see if ebay will review all the facts.  Regardless of whether they have the dress or not it could not be used for anyone else as it is so bad and the seller agreed to a refund.  How do I open a case as everytime i try to it says there is a return open thanks

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