eBay problem

[Maccapacca]

Bought 20 Tesco 10ppl off Fuel Vouchers from eBay last week (14/11), I emailed the guy who said that he would post them recorded next day even though the advert says 5-6 working days, nothing has turned up, I messaged him through eBay at the weekend asking for tracking number and he said he'll send some more out and a few extra for the inconvenience.

Yesterday (22/11) nothing still so I opened a case with eBay for non delivery, he has messaged back saying he has proof of postage not supplied and that he doesn't have to refund anything till the vouchers expire (4/12).

I'd just like a refund now, as I won't even, if I got them later today get a chance to fill up 4 times to see any saving for what I paid for them.

I've replied to the case asking for tracking number as he says he sent them recorded yesterday (22/11) however what do I do if they turn up, can I refuse delivery and still have a claim? if I refuse and just let the case run it's course will I get my cash back?

Thanks

 

[Maccapacca]

His postage was £1.00 United Kingdom Standard Delivery (Royal Mail Tracked) Estimated within 5-6 working days, yes I bought and paid by Paypal on the 14/11 and today would be the 7th working day including and after the day after I paid, I've asked for tracking numbers and he hasn't / won't supply them.

Can I refuse delivery?

 

[Maccapacca]

Opened a case through eBay last night

 

[Maccapacca]

It's a bit annoying as I paid over the odds on the basis that they were hot off the press and he was going to post them recorded next day giving me plenty of time to use 4 sets.