Originally Posted by
BeenBurned 
I'd reported those three fakes from
manalof beginning on December 19. I was bummed when I saw that they'd been sold and crossed my fingers that the buyer hadn't paid yet.
What I would do is tell the seller that you want a full refund of every cent you paid and if she already shipped, as long as you get the
cleared refund, you'll agree to refuse the package and mark it return to sender. (DO NOT REFUSE if she doesn't refund first. You'll lose a case.)
If the seller doesn't give a refund, open a dispute if you're able. I'm not sure whether you can open a case yet or whether a case can be opened on removed items.
It also won't hurt to call
eBay on the phone and get it on record that the items were paid for, supposedly shipped and removed and confirmed as counterfeit.
Refer the seller,
manalof here if she denies that they're fake.
The fact that the seller
manalof continues to lie about the source of her fake keychains tells me she hasn't learned a gosh-darn thing from this experience. It's too bad you weren't able to leave her the 3 well-deserved negative feedbacks before the listings were removed.
The "good" thing is that with 83% feedback, her days of selling are limited if she doesn't straighten up and fly right.
As for the case counting against her if she refunds, it won't count as a "lost" dispute since it'll be resolved without ebay's intervention, however, she will still have the 3 VeRO takedowns for counterfeit items on her record (permanently!) as well as a dispute recorded for having sold those fakes, so since they're (sort-of) linked, it certainly won't help her account.
If she does agree to the refund before you escalate, if she agrees with the stipulation that you return them, you do have to return them. Generally, the refund would be for the full amount of the items plus initial shipping with return shipping at your expense, though many
good sellers will make the buyer whole (and reimburse return shipping). IMO, manalof isn't that type of seller since she's still denying that she sold fakes and where she bought them.
MANALOF, if you're reading here, the smarter thing for you to do is issue a full refund to your buyer and tell her to destroy the fakes. Why would either of you want to waste the money to return them to the seller when they can't be relisted or resold?
Zuggy, if the seller insists on a return, be sure to have tracking on the item to prove delivery.