You mentioned in an earlier post that your account was restricted due to association with another account or accounts. This suggests that your restriction was indefinite. As I mentioned in my previous reply, indefinite means permanent and it's unlikely that eBy will even discuss it, let alone remove it.
The chronology is complicated, but as understand it your account was restricted on or before 1st December. Before then, you had presumably already dispatched the phone (or made it available for collection?), with the item being delivered or collected on 5th December.
Can you clear up the ambiguity below. You state that it was:
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Delivered on 05 December
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Collected by the buyer
Was it delivered or collected? Or delivered for colletion, i.e. click and collect?
The difference is important, as different proofs are required. For delivery, either to the buyer or a click and collect store, tracking proof of delivery is required. (For click and collect, the buyer will also have been required to provide the collection code, but I think it's proof of delivery to the store that counts.).
If collected in person from your business there is no tracking number so production of the collection code by the buyer would be your proof that it was collected. A collection code is not provided for items sold for delivery only, so there is no acceptable proof of delivery if a seller later agrees to allow collection.
The key point is whether, when the buyer opened the case or even when you appealed, you uploaded the requisite proof of delivery or collection? If so, and eBay now accepts this, I don't see how eBay can seriously justify refusing to refund you for what they apparently now accept was an incorrect decision on their part in the buyer's favour.
I can understand why they may try not to refund you - because eBay has no power to claw back refunds made to buyers, even if found to be incorrectly required, so the cost of refunding your £1,150 would fall on eBay itself.
If eBay won't change its stance I think you may be heading in the direction of a legal claim. One obstacle to legal proceedings can be that the user agreement requires users to accept eBay's decisions. However, I don't think this can reasonably be construed to require accepting a decision involving £1,150 which eBay itself now admits was made incorrectly.
In your position I would start by consulting a solicitor. A solicitor's letter to eBay's London addess in the user agreement would probably be the starting point. According to their reponse (if any) it would be for your solicitor to advise you whether you have sufficient proof and a good enough chance of winning to proceed - bearing in mind that success is never guaranteed and the costs for the loser can be high.
Good luck, and let us know what happens.
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