Bought a phone off eBay: would you say this is in "excellent condition"?

I've already raised a case and the seller is obviously denying it. He's going to take a look at the photos again when he gets home.

Apparently I can ask eBay to "step in" shortly but not just yet.

Never normally have any troubles with eBay but this is seriously making me reconsider it ever again.
 
The seller has replied:

Hi, I was waiting for a response from EBay regarding this. I've looked at the pics and I can see the 'mark' you have pointed out on the front but fail to see any that you can see on the back, as it said in the description, it's always had a cover on it. EBay have suggested I offer a partial refund if this would be agreeable to you, what. Would be acceptable to yourself?
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What should I do?
 
I've told the seller the following:

That will not be sufficient in this case. I believe you have misrepresented the item rather significantly and so I will be requesting a full refund. I am happy to return the item to you.
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FoxEye said:
Decide if you want to keep the phone! Do the marks look so bad when the screen is displaying something? Marks look worse against a black background, when the screen is off.
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The deep scratches show when the screen is on and it drives me crazy. They're actually some of the deepest scratches I've seen in a touchscreen for quite some time.
 
Seller has replied again:

I have reviewed the listing and I don't agree that I mis-represented the item. I said it was in 'excellent condition' and I would say it is. If you want to return it then it will be at your cost as so far it has cost me PayPal fees and postage for an item you don't want, even tho my listing also states 'No Returns'. Let me know.
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I have responded as follows:

The listing stating "no returns" is irrelevant in this case as you have sold an item, that has been falsely described. In this case, the eBay Money Back Guarantee applies. I am not prepared to pay the return postage fees as eBay clearly states that when an item is not as described, the seller pays the return fees. "If the item was not as described, the seller is responsible for paying return postage costs." [from http://pages.ebay.co.uk/help/buy/return-item.html#process] I will be referring this case to eBay for further investigation. If you are able to escalate it straight away that would be appreciated. If you are unable to do so, then I will ask eBay to step in on the 12th March.
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Sent the seller this message:

Would you like to explain why the image you used in your listing is in fact from a a YouTube video and not the phone you were selling at all?

For your convenience, here's a screenshot of the thumbnail of a YouTube video, which shows the same photo as used in your listing. http://imgur.com/ikNrQXN.

Why did you not post your own photos of the phone? Is it possibly because you knew that if you did, they would show the phone to not be in "excellent" condition, as you stated in the listing?
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Edited as changed the message after I posted it here.
 
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muon said:
Surely if they've claimed on a Vodafone insurance policy, you could do somethig about it? That would be illegal fraud perpetrated against Vodafone.
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That probably wouldn't work anymore as Vodafone can see the SIM that is in the phone. They would see a SIM that was not listed on the person's account at the time the phone was "stolen" rendering the policy invalid.
 
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